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<section article="gsf" article_name="State Finance and Procurement" number="10-305" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property">
  <level label="a">
    <text>Subject to subsections (b) and (c) of this section, any real or personal property of the State or a unit of the State government may be sold, leased, transferred, exchanged, granted, or otherwise disposed of:</text>
    <level label="1">
      <text>to any person, to the United States or any of its units, or to any unit of the State government, for a consideration the Board decides is adequate; or</text>
    </level>
    <level label="2">
      <text>to any county or municipal corporation in the State subject to any conditions the Board imposes.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>Except as provided under subparagraph (ii) of this paragraph, this subsection applies to the sale, transfer, grant, or exchange of:</text>
        <level label="1">
          <text>real property identified under § 5–310(c)(1) of this article; and</text>
        </level>
        <level label="2">
          <text>State–owned real or personal property, funded in accordance with an appropriation act of the General Assembly, that has an appraised value over $100,000.</text>
        </level>
      </level>
      <level label="ii">
        <text>This subsection does not apply to the following dispositions of property identified in subparagraph (i) of this paragraph:</text>
        <level label="1">
          <text>leasing the property;</text>
        </level>
        <level label="2">
          <text>the sale, transfer, grant, or exchange of a corrective or access easement on the property; or</text>
        </level>
        <level label="3">
          <text>an exchange by the Department of Natural Resources under § 1–109(e)(3) of the Natural Resources Article.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The Board may not approve the sale, transfer, exchange, or grant of property until:</text>
      <level label="i">
        <text>the Department of General Services or the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted to the Board two independent appraisals of the property that:</text>
        <level label="1">
          <text>with regard to real property, consider the value of any restrictive covenant that may be placed on the property; and</text>
        </level>
        <level label="2">
          <text>may not be publicly disclosed if the property is to be sold at auction;</text>
        </level>
      </level>
      <level label="ii">
        <text>the following information has been submitted, by electronic mail or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of this subsection, the Legislative Policy Committee:</text>
        <level label="1">
          <text>a description of the property; and</text>
        </level>
        <level label="2">
          <text>if applicable, any justification for not selling, transferring, exchanging, or granting the property in a manner that generates the highest return for the State;</text>
        </level>
      </level>
      <level label="iii">
        <text>45 days have elapsed since:</text>
        <level label="1">
          <text>the information required by item (ii) of this paragraph was received by the appropriate committees; and</text>
        </level>
        <level label="2">
          <text>the Board declared the property surplus; and</text>
        </level>
      </level>
      <level label="iv">
        <text>except for property sold under paragraph (4) of this subsection, for property that meets both criteria under paragraph (1)(i) of this subsection and for which the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General Assembly has approved the proposed disposition as provided under paragraph (3) of this subsection.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Within 45 days after receiving the information submitted under paragraph (2) of this subsection, the Legislative Policy Committee shall:</text>
        <level label="1">
          <text>review the information and the public record created by the Department of Planning for the property; and</text>
        </level>
        <level label="2">
          <level label="A">
            <text>approve the proposed disposition of the surplus property and refer the property back to the Board for final disposition; or</text>
          </level>
        </level>
        <level label="B">
          <text>refer the proposed disposition of the property to the full General Assembly and notify the Board of the referral.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the Legislative Policy Committee fails to take any action under subparagraph (i)2 of this paragraph within the specified time period, the proposed disposition shall be deemed approved by the Committee.</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>If the proposed disposition of the surplus property is referred by the Legislative Policy Committee to the full General Assembly, the proposed disposition may not be approved by the Board unless it is approved by the passage of legislation during the next legislative session of the General Assembly.</text>
        </level>
        <level label="2">
          <text>In any legislation passed in accordance with subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed disposition with or without conditions.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>If the Board has declared the property surplus, the Board shall sell the property to the federal government, a local government, or a unit of federal or local government for $1.00, if:</text>
      <level label="i">
        <text>the government or unit has indicated its interest in acquiring the land; and</text>
      </level>
      <level label="ii">
        <text>a restrictive covenant is placed on the deed of transfer, in accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the property to be maintained in a use that is consistent with its use at the time of transfer.</text>
      </level>
    </level>
    <level label="5">
      <text>Any revenues derived from the sale, transfer, exchange, or grant of property identified under paragraph (1)(i)1 of this subsection shall be deposited in the Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article.</text>
    </level>
    <level label="6">
      <text>If the Board has declared the property surplus, the Board shall donate or sell the property determined by the Department of Housing and Community Development to be suitable for use or redevelopment as affordable housing in accordance with a proposal developed under § 2–203 of the Housing and Community Development Article.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>This subsection does not apply to:</text>
      <level label="i">
        <text>property that will be acquired with Program Open Space funds under Title 5, Subtitle 9 of the Natural Resources Article;</text>
      </level>
      <level label="ii">
        <text>property that will be acquired with Rural Legacy Program funds under Title 5, Subtitle 9A of the Natural Resources Article;</text>
      </level>
      <level label="iii">
        <text>property that will be acquired with Local Land Preservation Program funds under Title 5, Subtitle 9B of the Natural Resources Article;</text>
      </level>
      <level label="iv">
        <text>property that will be acquired with Community Parks and Playgrounds Program funds under Title 5, Subtitle 9C of the Natural Resources Article;</text>
      </level>
      <level label="v">
        <text>property that will be acquired with funds from the Heritage Conservation Fund under Title 5, Subtitle 15 of the Natural Resources Article;</text>
      </level>
      <level label="vi">
        <text>property that will be acquired with funds from the Forest and Park Reserve Fund established under § 5–212 of the Natural Resources Article;</text>
      </level>
      <level label="vii">
        <text>property that will be acquired with federal grant funds made available to the Department of Natural Resources for open space, recreation, or conservation purposes;</text>
      </level>
      <level label="viii">
        <text>property that will be acquired by the Maryland Environmental Trust;</text>
      </level>
      <level label="ix">
        <text>a Maryland Agricultural Land Preservation Foundation easement acquired under § 2–504 of the Agriculture Article;</text>
      </level>
      <level label="x">
        <text>federally owned military property;</text>
      </level>
      <level label="xi">
        <text>property that will be acquired by the Maryland Aviation Administration; or</text>
      </level>
      <level label="xii">
        <text>property that will be acquired by the Maryland Port Administration.</text>
      </level>
    </level>
    <level label="2">
      <text>The Board may not approve the acquisition of real property with an appraised value of at least $500,000 or a new lease, or the execution of a renewal option of 10 years or more, of real property that will be used by the State that requires the State to make payments totaling at least $1,000,000 annually unless the Board has provided to the Legislative Policy Committee:</text>
      <level label="i">
        <text>a justification for the planned acquisition or lease that includes justification for:</text>
        <level label="1">
          <text>real estate terms of time or cost in excess of ordinary and regular State contract terms;</text>
        </level>
        <level label="2">
          <text>rent escalation rates in excess of market rates;</text>
        </level>
        <level label="3">
          <text>removal of any standard real estate provisions, including the right to terminate the lease or transaction; and</text>
        </level>
        <level label="4">
          <text>why the transaction is in the best interest of the State;</text>
        </level>
      </level>
      <level label="ii">
        <text>a cost–benefit analysis of the planned acquisition or lease that includes, when applicable, comparing similar or comparable properties and purchase options, including a comparison of lease options with purchase options, lease consolidation options, and if relevant, an analysis of State agency parking needs and costs, and tax credits or other State benefits granted to the landlord or for the location or real estate transaction;</text>
      </level>
      <level label="iii">
        <text>if applicable, a justification for noncompetitive procurement; and</text>
      </level>
      <level label="iv">
        <text>on request of the cochairs of the Legislative Policy Committee made within 14 days after receiving the justification under items (i) through (iii) of this paragraph at least 45 days to review the information provided under this paragraph and comment on the planned acquisition before the acquisition is approved.</text>
      </level>
    </level>
    <level label="3">
      <text>If the acquisition of real property with an appraised value of at least $500,000 from the federal government would require the State to provide ongoing maintenance of the property, the Board may not approve the acquisition until the Board has provided to the Legislative Policy Committee:</text>
      <level label="i">
        <text>notice that the acquisition would require the State to provide ongoing maintenance of the property; and</text>
      </level>
      <level label="ii">
        <text>on request of the cochairs of the Legislative Policy Committee within 14 days after receiving the notice provided under item (i) of this paragraph, a study regarding the ongoing fiscal impact the acquisition would have on the State, including any environmental mitigation that may be required.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>Except as otherwise provided in this section:</text>
    <level label="1">
      <text>if any real or personal property disposed of under this section is not under the jurisdiction or control of any particular unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the Board; and</text>
    </level>
    <level label="2">
      <text>if any real or personal property disposed of under this section is under the jurisdiction or control of a unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the highest official of the unit and by the Board.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any State employee, agent, or servant, or to any other individual in State service, for the purpose of permitting the individual to maintain a residence on or in the property, the lease shall be:</text>
      <level label="i">
        <text>executed by the unit; and</text>
      </level>
      <level label="ii">
        <text>approved by the Secretary of General Services.</text>
      </level>
    </level>
    <level label="2">
      <text>The lease is not valid unless the Secretary of General Services approves it.</text>
    </level>
    <level label="3">
      <text>Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision which prohibits the lessee from assigning or subleasing that property without the prior approval of the Board of Public Works.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>Whenever the State Highway Administration leases any State–owned property under its jurisdiction and control to any person, the Administrator of the State Highway Administration may execute the lease if:</text>
        <level label="1">
          <text>the lease is entered into on a 30–day renewable basis; and</text>
        </level>
        <level label="2">
          <text>the duration of the tenancy does not exceed 1 year.</text>
        </level>
      </level>
      <level label="ii">
        <text>At least twice each year, the Administrator of the State Highway Administration shall submit a report of the leases executed under the authority granted in subparagraph (i) of this paragraph to the Board of Public Works.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>Whenever the Department of Natural Resources leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision that requires the lessee to:</text>
        <level label="1">
          <text>maintain unobstructed access to trail heads by trail users and first responders; and</text>
        </level>
        <level label="2">
          <text>ensure that the trail heads remain free of obstructions at all times.</text>
        </level>
      </level>
      <level label="ii">
        <text>At least once each year, the Secretary of Natural Resources shall submit a report of all leases executed by the Department of Natural Resources to the Department of General Services.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>On the sale, lease, transfer, exchange, or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System, any conveyancing document shall be executed in the manner provided in Division II of the State Personnel and Pensions Article.</text>
    </level>
    <level label="2">
      <text>Any sale, lease, transfer, exchange or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System by a conveyancing document executed by or for the Board of Trustees of the State Retirement and Pension System before October 1, 1994 in the manner provided under former Article 73B is ratified and confirmed.</text>
    </level>
  </level>
  <level label="g">
    <text>All conveyances under this section shall be made in the name of the State of Maryland, acting through the executing authority provided for in this section.</text>
  </level>
  <level label="h">
    <text>This section does not apply to any lease or other temporary transfer, grant, or disposition of State real or personal property in connection with a procurement made subject to § 11–202(3) of this article.</text>
  </level>
  <level label="i">
    <text>The Department of Budget and Management and Department of General Services, with the approval of the Board, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of this section.</text>
  </level>
  <level label="j">
    <text>The Board may not approve the sale, transfer, exchange, or grant of a property located between the East 21st and East 22nd blocks of Guilford Avenue in Baltimore unless the Department of General Services demonstrates to the Board that:</text>
    <level label="1">
      <text>the Department engaged the community and relevant stakeholders when making the decision to sell, transfer, exchange, or grant the property; and</text>
    </level>
    <level label="2">
      <text>if practicable, the Department prioritized the community’s preferred outcome.</text>
    </level>
  </level>
</section>
