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<section article="gsf" article_name="State Finance and Procurement" number="10A-203" title_number="10A" title_name="Public-Private Partnerships" subtitle_number="2" subtitle_name="Solicited Proposals">
  <level label="a">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, the Board of Public Works may not approve a public–private partnership agreement until:</text>
      <level label="i">
        <text>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 § 2–1257 of the State Government Article;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>the State Treasurer submits the analysis to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article; and</text>
      </level>
      <level label="iv">
        <text>the budget committees have reviewed and commented on the agreement in accordance with paragraph (3) of this subsection.</text>
      </level>
    </level>
    <level label="2">
      <text>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 § 2–1257 of the State Government Article.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The proposed public–private partnership agreement made available to the public shall:</text>
      <level label="i">
        <text>after consultation with the private entity, withhold information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law, including in accordance with § 4–335 of the General Provisions Article, relating to:</text>
        <level label="1">
          <text>confidential commercial information;</text>
        </level>
        <level label="2">
          <text>confidential financial information; and</text>
        </level>
        <level label="3">
          <text>trade secrets; and</text>
        </level>
      </level>
      <level label="ii">
        <text>be posted online by the reporting agency during the 30–day review period in accordance with paragraph (2) of this subsection.</text>
      </level>
    </level>
    <level label="2">
      <text>The online location of the proposed public–private partnership agreement shall be:</text>
      <level label="i">
        <text>on the website of the reporting agency; or</text>
      </level>
      <level label="ii">
        <text>on the website of the specific project if one has been established.</text>
      </level>
    </level>
  </level>
</section>
