2013 Maryland Code
TRANSPORTATION
§ 4-406 - Public-private partnership agreements [Effective until July 1, 2013]

§4-406.

(a) (1) In this section the following words have the meanings indicated.

(2) “Budget committees” means the Senate Budget and Taxation Committee, the House Committee on Ways and Means, and the House Appropriations Committee.

(3) “Private entity” means an individual, a corporation, a general or limited partnership, a limited liability company, a joint venture, a business trust, a public benefit corporation, a nonprofit entity, or another business entity.

(4) “Public notice of solicitation” includes a request for expressions of interest, a request for proposals, a memorandum of understanding, an interim development agreement, a letter of intent, or a preliminary development plan.

(5) (i) “Public-private partnership” means a sale or lease agreement between the Authority and a private entity under which:

1. The private entity assumes control of the operation and maintenance of an existing State facility; or

2. The private entity constructs, reconstructs, finances, or operates a State facility or a facility for State use and will collect fees, charges, rents, or tolls for the use of the facility.

(ii) “Public-private partnership” does not include:

1. A short-term operating space lease entered into in the ordinary course of business by the Authority and a private entity; or

2. A procurement governed by Division II of the State Finance and Procurement Article.

(b) Following the submission of each of the reports required under this section, the budget committees shall have 45 days to review and comment on the reports.

(c) (1) Not less than 45 days before issuing a public notice of solicitation for a public-private partnership, the Authority shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, a report concerning the proposed public-private partnership.

(2) By January 1 of each year, the Authority shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, a report concerning each public-private partnership under consideration at that time by the Authority that has not been reviewed or approved previously by the General Assembly.

(3) By January 1 of each year, the Authority shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, a status report concerning each existing public-private partnership in which the Authority is involved.

(d) By January 1 of each year, the Authority shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, a report concerning each public-private partnership for which the Authority is providing conduit financing.

(e) Not less than 30 days before entering into a public-private partnership agreement, the Authority shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, an analysis of the impact of the proposed public-private partnership agreement on the Authority’s financing plan, including the Authority’s operating and capital budgets and debt capacity.

(f) The Board of Public Works may not approve a public-private partnership agreement under § 10-305 or § 12-204 of the State Finance and Procurement Article that the Authority proposes to enter into until the budget committees have had 30 days to review and comment on the Authority’s analysis of the agreement required under subsection (e) of this section.

§ 4-406 - Public-private partnership agreements [Repealed effective July 1, 2013.].

Repealed by Acts 2013, ch. 5, § 1, effective July 1, 2013.