# COMAR Title 21 — State Procurement Regulations

## Subtitle 05 — Procurement Methods and Project Delivery Methods

### Chapter 15 — Pay-for-Success Contracting

#### Regulation .01 Definitions.

*COMAR 21.05.15.01*

A. In this chapter, the following words have the meaning indicated.

B. Terms Defined.

  (1) “Aggregator” means a person that:

    (a) Provides or contracts for environmental outcomes; or

    (b) Provides or raises capital to finance delivery of environmental outcomes.

  (2) “Environmental outcome” means a commodity that is modeled or directly measured as a single, quantifiable, and certified unit of improvement to the environment, including a nutrient or carbon benefit.

  (3) “Environmental outcomes project” means a project designed to secure environmental outcomes.

  (4) “Evaluator” means a person other than an aggregator that determines whether environmental outcomes have been achieved based on defined performance measures.

  (5) “Outcome payment” means the money paid when a pay-for-success contract performance measure is met.

  (6) “Pay-for-success contracting” means a performance-based procurement method through which a unit contracts with an organization to deliver services or commodities in exchange for payment based on the achievement of outcomes.

  (7) “Quantification plan” means a plan in which an aggregator describes:

    (a) The method that will be used to measure or model environmental outcomes and co-benefits under a pay-for-success contract;

    (b) The compliance monitoring that will occur to ensure that the actions proposed in the pay-for-success contract are taken and maintained over the life of the project;

    (c) Verification steps that will be carried out by the State to confirm model results or accurate measurement of environmental outcomes; and

    (d) The timeline for proposed payments under the pay-for-success contract.