§ 10A-203. Proposed agreement; prerequisites for approval

   (a) In general. --

   (1) Except as provided in paragraph (2) of this subsection, the Board of Public Works may not approve a public-private partnership agreement until:

      (i) a copy of the proposed agreement is submitted simultaneously to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services, in accordance with § 2-1246 of the State Government Article;

      (ii) the State Treasurer, in coordination with the Comptroller, analyzes the impact on the State's capital debt affordability limits of the proposed public-private partnership agreement;

      (iii) the State Treasurer submits the analysis to the budget committees and the Department of Legislative Services, in accordance with § 2-1246 of the State Government Article; and

      (iv) the budget committees have reviewed and commented on the agreement in accordance with paragraph (3) of this subsection.

   (2) The Board of Public Works may not approve a public-private partnership agreement for a transportation facilities project, as defined in § 4-101(h) of the Transportation Article, until the proposed agreement is submitted to the budget committees and the Department of Legislative Services, in accordance with § 2-1246 of the State Government Article.

   (3) (i) The period for review, analysis, and comment under paragraphs (1) and (2) of this subsection may not exceed a total of 30 days from the date the proposed public-private partnership agreement is submitted simultaneously to the State Treasurer, the Comptroller, the budget committees, and the Department of Legislative Services.

      (ii) The budget committees may facilitate a faster review and comment period by sending a letter to the Board of Public Works supporting a proposed public-private partnership agreement in advance of the expiration of the 30-day review period.

(b) Confidentiality of certain information; posting of proposed agreement. --

   (1) The proposed public-private partnership agreement made available to the public shall:

      (i) after consultation with the private entity, withhold information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law, including in accordance with § 10-617(d) of the State Government Article, relating to:

         1. confidential commercial information;

         2. confidential financial information; and

         3. trade secrets; and

      (ii) be posted online by the reporting agency during the 30-day review period in accordance with paragraph (2) of this subsection.

   (2) The online location of the proposed public-private partnership agreement shall be:

      (i) on the Web site of the reporting agency; or

      (ii) on the Web site of the specific project if one has been established.

HISTORY: 2013, ch. 5, § 1.