reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 8 - Debt › Subtitle 3 - Miscellaneous Provisions › Section 8-304 - Annual Report on Deferred Maintenance -- Information Included

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Convention facility” has the meaning stated in § 10–601 of the Economic Development Article.
(3)    “Institution of higher education” has the meaning stated in § 10–101 of the Education Article.
(b)    This section applies to a convention facility and a facility at an institution of higher education that receives State capital funding totaling at least $2,000,000 in the operating or capital budget bills in the prior fiscal year.
(c)    Subject to subsection (d) of this section, on or before October 1 each year, the entity responsible for facilities maintenance for a facility specified in subsection (b) of this section shall submit a report in accordance with § 2–1257 of the State Government Article to the Senate Budget and Taxation Committee and the House Appropriations Committee on the entity’s deferred maintenance plan.
(d)    The report required under subsection (c) of this section shall include:
(1)    the dollar amount that the entity spends per square foot on deferred maintenance;
(2)    the total dollar value of the backlog for deferred maintenance;
(3)    the process for facility condition assessment, including the process for rating and assessing deferred maintenance projects;
(4)    the number of staff hours devoted to inspecting and analyzing the need for facility repair and maintenance; and
(5)    the entity’s plan to address all deferred maintenance projects.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 8 - Debt › Subtitle 4 - Capital Leases › Section 8-402 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Capital equipment” means any item of equipment that, by generally accepted accounting principles, is capitalized for purposes of accounting.
(c)    (1)    “Capital lease” means any lease, conditional sale, installment sale, or similar agreement, defined as a capital lease in accordance with generally accepted accounting principles, that is used to finance:
(i)    the acquisition or construction of improvements to real property, under § 3-602 of this article; or
(ii)    the acquisition of capital equipment.
(2)    “Capital lease” includes a master lease.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 8 - Debt › Subtitle 4 - Capital Leases › Section 8-403 - Authority to Enter Into Capital Lease; Financing Request

(a)    The State Treasurer, with the approval of the Board of Public Works, may enter into a capital lease on behalf of one or more units of State government.
(b)    Prior to submission of a capital lease to the Board of Public Works, the Treasurer shall submit to the Legislative Policy Committee the total financing request and any supporting information. The Legislative Policy Committee has 45 days within which to review and provide written comments on the financing.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 8 - Debt › Subtitle 4 - Capital Leases › Section 8-404 - Funding; Liability of State

A capital lease authorized under this subtitle:
(1)    shall be contingent on the availability of appropriated or other legally available funds, not including nonappropriated pension or retirement funds, that permit the timely payment of principal, interest, and other obligations, if any, imposed by the terms of the capital lease;
(2)    may not be construed or deemed to be a debt of the State or a unit of State government; and
(3)    may not constitute a pledge of the full faith and credit and taxing power of the State or a unit of State government.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 8 - Debt › Subtitle 4 - Capital Leases › Section 8-405 - Payments on Lease

(a)    Except for capital leases used to finance energy performance contracts excluded from tax supported debt under § 8–104 of this title, the Treasurer shall, at a reasonable market rate, capitalize the payments on a capital lease authorized under this subtitle on an annual basis for each fiscal year the lease is in effect.
(b)    The greater of the amount determined for a given fiscal year under subsection (a) of this section or the amount of any purchase value at the termination of a capital lease authorized under this subtitle shall be included in the tax supported debt considered by the Capital Debt Affordability Committee in its annual estimate for that fiscal year under Subtitle 1 of this title.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 8 - Debt › Subtitle 4 - Capital Leases › Section 8-406 - Disposition of Lease Proceeds

(a)    (1)    The State Treasurer may deposit the proceeds of a capital lease authorized under this subtitle in an escrow account or similar arrangement.
(2)    The proceeds may be withdrawn for the purpose of making payment due under the terms of the capital lease.
(3)    A withdrawal made under the provisions of this section shall be made in accordance with the terms of the individual contract.
(b)    The State Treasurer may invest any unexpended proceeds held in escrow and the investment income on the proceeds in obligations authorized for the investment of State funds under § 6-222 of this article.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 9 - State Insurance Program › Section 9-102 - Findings; Statement of Purpose

(a)    The General Assembly finds that it is desirable for the State to have a program of purchased insurance and self-insurance against loss, damage, and liability that the State may incur.
(b)    The General Assembly intends that the State:
(1)    insure against loss, damage, and liability as fully as permitted by law or agreement; and
(2)    have a program for central administration of purchased insurance and self-insurance.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 9 - State Insurance Program › Section 9-103 - Program and Fund Established

(a)    There is a State Insurance Program for providing and administering purchased insurance and self-insurance for the State, including:
(1)    insurance on State property;
(2)    insurance that federal law requires;
(3)    insurance trust agreements; and
(4)    insurance against other risk or commitment of the State.
(b)    (1)    There is a State Insurance Trust Fund.
(2)    The Fund consists of:
(i)    each General Fund and special fund appropriation in the State budget to the Treasurer or a unit of the State government for self-insurance;
(ii)    each General Fund and special fund appropriation to the State Insurance Trust Fund for payment under Title 12, Subtitle 5 of the State Government Article;
(iii)    each premium that a unit of the State government pays for protection under the Fund;
(iv)    each payment for a loss under purchased insurance; and
(v)    each payment from salvage or other recovery that results from a loss paid through the Program.
(3)    The General Assembly intends that the State budget include sufficient General Fund appropriations to provide in the State Insurance Trust Fund a reserve that the Treasurer considers adequate to cover losses under § 9-105 of this title.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 9 - State Insurance Program › Section 9-104 - General Powers and Duties of Treasurer

(a)    (1)    Subject to any limitation in an agreement or law, the Treasurer is responsible for the Program.
(2)    The Treasurer shall administer the Fund.
(3)    Notwithstanding any law that authorizes a unit of the State government to buy insurance, the Treasurer may:
(i)    buy the insurance in accordance with Division II of this article; or
(ii)    require the unit to obtain approval before the unit buys the insurance.
(b)    The Treasurer shall adopt necessary regulations:
(1)    to set policies and procedures for payment on losses, including adjustment and approval;
(2)    to collect from private insurers on losses; and
(3)    otherwise to carry out the duties of the Treasurer under this title.
(c)    The Office of the Attorney General and the State Fire Marshal shall cooperate with and assist the Treasurer in carrying out the duties of the Treasurer under this title.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 9 - State Insurance Program › Section 9-105 - Forms of Insurance

(a)    (1)    The Treasurer shall provide self-insurance for:
(i)    loss of or damage to State motor vehicles;
(ii)    loss of or damage to hulls of State vessels;
(iii)    loss of or damage to State real property, to the extent that purchased insurance does not cover the loss or damage; and
(iv)    loss as a result of a settlement or judgment to the extent that the Board of Public Works pays the loss under Title 12, Subtitle 5 of the State Government Article.
(2)    The Treasurer may provide self-insurance for loss of or damage to State personal property, including fine arts. However, for any fine art item that the Treasurer determines is irreplaceable, the indemnity shall be only for repair of damage.
(3)    To the extent that funds are available in the State budget, the Treasurer may provide self-insurance for any other loss risk that the Treasurer finds appropriate.
(b)    To the extent that funds are available in the State budget, the Treasurer:
(1)    shall provide purchased insurance as required by law; and
(2)    may provide any other purchased insurance that the Treasurer considers appropriate to the interests of the State.
(c)    To the extent that funds are available in the State budget, the Treasurer shall provide sufficient self-insurance, purchased insurance, or both to cover the liability of the State and its units and personnel under the Maryland Tort Claims Act.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 9 - State Insurance Program › Section 9-106 - Assessment of Premium

(a)    If a unit of the State government is funded by special or federal funds, the Treasurer shall assess the unit a premium for coverage under the Fund that is needed to pay losses due to total protection or applicable deductions on purchased insurance.
(b)    After considering the potential exposure of the Fund and its loss experience, the Treasurer shall try to set premiums so as to produce funds that approximate the payments from the Fund.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 9 - State Insurance Program › Section 9-107 - Payment on Losses

(a)    Subject to the limitations in this section, the Treasurer shall pay a unit of the State government for a loss that is covered under § 9-105 of this title, without regard to whether the unit is funded wholly or partly from general, special, or federal funds.
(b)    (1)    The unit of the State government that had State property at the time of its loss or damage and the Treasurer jointly shall determine the value of the property.
(2)    The Office of the Attorney General shall determine and certify to the Treasurer the value of a liability claim against the State.
(3)    The Treasurer may not pay from the Fund any money for loss or liability in excess of the value certified under this subsection.
(c)    Notwithstanding any other provision of this title, the 1st $1,000 of value of each loss, damage, or liability occurrence of a unit shall be paid from its appropriations in the State budget unless, on recommendation of the Secretary of Budget and Management, the Treasurer reduces the amount.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 9 - State Insurance Program › Section 9-108 - Coverage and Defense for Personnel Other Than Those Providing Courthouse Security, Serving Process, or Transporting Inmates

(a)    This section applies to any sheriff or deputy sheriff engaged in any activity other than those activities relating to:
(1)    courthouse security;
(2)    service of process;
(3)    the transportation of inmates to and from court proceedings;
(4)    personnel and other administrative activities;
(5)    activities, including activities relating to performing law enforcement functions, arising under a multijurisdictional agreement under the supervision and direction of the Maryland State Police or other State agency; or
(6)    any other activities, except activities relating to performing law enforcement functions or detention center functions.
(b)    A county or Baltimore City may obtain insurance to provide the coverage and defense necessary under the Maryland Tort Claims Act for personnel covered by this section.
(c)    (1)    If a county or Baltimore City does not obtain adequate insurance coverage to satisfy the coverage and defense necessary under the Maryland Tort Claims Act, an assessment for coverage and for payment of any litigation expenses, other than for compensation for the time spent by any State employee working for the Attorney General, shall be set off from:
(i)    any tax which has been appropriated in the State budget to the county or Baltimore City; or
(ii)    the subdivision’s share of any income tax collected by the State Comptroller.
(2)    Any amount due under this subsection shall be collected in the manner provided by § 7-222 of this article.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 2 - General Provisions › Section 10-201 - Secretary

(a)    The Board may appoint a full-time secretary.
(b)    The secretary serves at the pleasure of the Board.
(c)    The secretary:
(1)    must be a person of high character and integrity; and
(2)    shall be appointed on the basis of executive skill and ability.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 2 - General Provisions › Section 10-202 - Condemnation of Property

(a)    This section does not apply to property to be acquired in connection with State roads, bridges, or highways.
(b)    Subject to Title 12 of the Real Property Article, the Board may condemn property for State use.
(c)    The 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 that establish a uniform method of determining the value of any applicable life estate discount for property condemned in accordance with this section.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 2 - General Provisions › Section 10-203 - Power to Adopt Certain Regulations

(a)    (1)    On the recommendation of the Comptroller, the Board shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article covering matters of business administration in the units of the State government.
(2)    The regulations adopted under this section may include regulations that establish:
(i)    uniform rates of mileage allowance; and
(ii)    the terms and renewals of bonds furnished by State officials and employees.
(b)    Regulations adopted under this section are binding on all units of the State government affected by the regulations.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 2 - General Provisions › Section 10-204 - Approval for Designated Contracts

By regulation, the Board may require that any proposed contract, contract renewal, or change order, of a designated class or monetary value, of any unit of the Executive Branch be brought to the Board for consideration and approval before execution.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 2 - General Provisions › Section 10-205 - Independent Agency

For purposes of the preparation of the State budget:
(1)    the Board of Public Works is an independent agency; and
(2)    all expenses related to the administration of the Board of Public Works shall be separately identified and independent of the budget of any other State agency.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-301 - "Real or Personal Property" Defined

In this subtitle, “real or personal property” includes:
(1)    the inland waters of the State and the land under those waters;
(2)    the waters of the Atlantic Ocean for 3 miles from the low watermark of the coast of the State bordering on that ocean and the land under those waters; and
(3)    any legal or equitable rights, interests, privileges, or easements in, to, or over any real or personal property.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-302.1 - Certain Agricultural Lands Excepted

This subtitle does not apply to:
(1)    the release of a lot subject to an agricultural land preservation easement under § 2–513 of the Agriculture Article; or
(2)    the sale, transfer, exchange, lease, or other disposition of real property held by the Maryland Agricultural Land Preservation Foundation under the Critical Farms Program under § 2–517 of the Agriculture Article.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-303 - Exception to Subtitle

(a)    Notwithstanding any other section of this subtitle, the Department of Natural Resources may dispose of any existing structure on any property acquired by the State for the use of the Department if the structure is valued at $2,500 or less.
(b)    Before the Department of Natural Resources disposes of any structure under this section, the Department shall give public notice in a newspaper of general circulation in the county in which the structure is located.
(c)    The proceeds of the sale shall be credited to the Natural Resources Property Maintenance Fund.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-304 - Transfer of Property Between Units of Executive Branch

(a)    This section does not apply to:
(1)    property that is pledged to secure the payment of principal of or interest on revenue bonds; or
(2)    real property that is owned or controlled by the State Highway Administration, unless the property is being transferred to the Maryland Transportation Authority or to another unit in the Department of Transportation.
(b)    (1)    The Board may transfer any property, and all rights of physical custody and control over the property, from a unit of the Executive Branch of the State government to another unit of the Executive Branch of the State government.
(2)    Any property transferred under this subsection is exempt from the appraisal requirements under § 10–305(b)(2)(i) of this subtitle.
(3)    Any property transferred under this subsection is subject to the continuing general jurisdiction of the Board.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-306 - Transfers of State Real or Personal Property -- Accounting for Proceeds

(a)    In this section, “capital asset” means an asset of a substantial permanent nature.
(b)    If the consideration received for the disposition of any real or personal property of the State or any unit of the State government is other real or personal property, the real or personal property received shall be held and accounted for in the same manner as other property under the jurisdiction and control of the unit of the State government that receives the real or personal property.
(c)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, if cash is received as consideration for the disposition of a capital asset of the State or any unit of the State government, the cash shall be applied to the State Annuity Bond Fund Account for the payment of the principal of and interest on the bonded indebtedness of the State.
(2)    If the capital asset is real property that is being leased or sold to a private party for the purpose of realizing a transit–oriented development as defined under § 7–101 of the Transportation Article, at the discretion of the State agency that is disposing of the property, all or a portion of the cash proceeds resulting from the transaction shall be deposited in the Baltimore City Community Enhancement Transit–Oriented Development Fund established under Title 15 of the Economic Development Article for the purposes of that Fund.
(3)    (i)    If cash is received as consideration for the disposition of a capital asset, and if the capital asset was originally purchased with special funds, the cash shall be applied to the special fund.
(ii)    Notwithstanding subparagraph (i) of this paragraph, cash received as consideration for the disposition of helicopters, auxiliary helicopter equipment, ground support equipment, or other capital equipment related to helicopters shall be applied to the State Annuity Bond Fund Account for the payment of the principal of and interest on the bonded indebtedness of the State.
(4)    If cash is received as consideration for the disposition of any real or personal property of the State or any unit of the State government, other than a capital asset, the cash shall be accounted for and paid into the State Treasury.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-307 - Transfer of Geothermal Resources on State-Owned Property

(a)    In this section, “geothermal resources” has the meaning stated in § 5-601 of the Environment Article.
(b)    Subject to any conditions the Board and the Department of Natural Resources impose, geothermal resources located on real property owned by the State may be sold, leased, transferred, exchanged, granted, or otherwise disposed of to any person for a consideration the Board decides is adequate.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-308 - Leases of State-Owned Property to Business Entities

(a)    In this section, “minority business enterprise” has the meaning stated in Title 14, Subtitle 3 of this article.
(b)    Each unit of the State government that leases State-owned property to business entities shall adopt regulations that establish procedures for awarding the leases. The procedures shall be structured to try to achieve participation by minority business enterprises in:
(1)    10% of the total dollar amount of the leases; and
(2)    10% of the total number of leases.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 3 - Sale and Transfer of Property › Section 10-309 - State-Owned Cemeteries

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Perpetual care” means the maintenance, including the cutting of grass abutting memorials or monuments, administration, supervision, and embellishments of a cemetery and its grounds, roads, and paths.
(ii)    “Perpetual care” includes the repair and renewal of buildings, including columbaria and mausoleums, and the property of the cemetery.
(3)    “State facility” means:
(i)    a facility maintained by the Behavioral Health Administration of the Maryland Department of Health and listed in § 10–406 of the Health – General Article;
(ii)    a State residential center for individuals with an intellectual disability in the Developmental Disabilities Administration of the Maryland Department of Health; and
(iii)    a facility that formerly met the definition of “State facility” under item (i) or (ii) of this subsection, including:
1.    the former Rosewood Center; and
2.    the former Crownsville Hospital Center.
(b)    A cemetery owned by the State and located on the grounds of a State facility may not be sold by the State if the State facility is downsized, consolidated, closed, or sold.
(c)    A cemetery owned by the State and located on the grounds of a State facility shall be provided perpetual care and marked with a monument commemorating the individuals interred in the cemetery.
(d)    Activities or projects undertaken under subsection (c) of this section shall be undertaken in consultation with the Maryland Historical Trust, in accordance with the consultation provisions:
(1)    for capital projects under § 5A–325 of this article; and
(2)    for issuance of permits or licenses or provision of financial assistance under § 5A–326(d)(2) of this article.
(e)    Any easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility that has been recorded among the land records of the county where the cemetery is located on or before October 1, 2004 may not be transferred or sold.
(f)    Notwithstanding subsections (b) and (e) of this section, a cemetery or an easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility may be sold by the State if the deed for the property includes a restrictive covenant requiring the owner and any future owner to maintain the cemetery as provided under subsection (c) of this section.
(g)    The provisions of § 5–502 of the Business Regulation Article apply to a cemetery owned by the State and located on the grounds of a State facility.
(h)    Beginning January 1, 2015, and on or before January 1 of each succeeding year, the Maryland Department of Health shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee on the implementation of this section.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 4 - Conveyance of Title to Lands Owned by State Due to Their Relationship to State Waters › Section 10-401 - Scope of Subtitle

(a)    This subtitle applies only to land owned by the State as a result of the relationship of the land to the waters of the State.
(b)    This subtitle does not:
(1)    affect the title to interests conveyed by the State before July 1, 1970, by a valid grant, lease, or patent or a grant confirmed by Article 5 of the Maryland Declaration of Rights;
(2)    prohibit the execution of a conveyance for which application was made and approved by the Board before July 1, 1970;
(3)    deprive any riparian owner or proprietor of any riparian rights, privilege, or enjoyment that the owner or proprietor had before July 1, 1970; or
(4)    affect §§ 3-101 and 3-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10 - Board of Public Works -- Miscellaneous Provisions › Subtitle 4 - Conveyance of Title to Lands Owned by State Due to Their Relationship to State Waters › Section 10-402 - Conditions to Conveyance

(a)    The Board may not convey any title to land covered by this subtitle to any person other than the riparian owner or proprietor of the land abutting the land conveyed.
(b)    The Board may convey title to land covered by this subtitle only after seeking the advice of:
(1)    the Department of Natural Resources;
(2)    appropriate agricultural agencies, including:
(i)    the Maryland Agricultural Commission;
(ii)    the agricultural stabilization and conservation committee of the county in which the land lies; and
(iii)    the soil conservation district committee of the county in which the land lies; and
(3)    other interested federal and State agencies.
(c)    (1)    Before the Board may convey title to land covered by this subtitle, the Board shall:
(i)    hold a public hearing, after proper notice, in the county in which the land lies; and
(ii)    issue a written decision that justifies the action of the Board, taking into account the best interests of the State with respect to the varying ecological, economic, developmental, agricultural, recreational, and aesthetic values of the area under consideration.
(2)    The written decision issued under this subsection shall be kept among the permanent records of the Board and be open to public inspection.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 1 - Definitions; General Provisions › Section 10A-102 - Public Policy Statement

(a)    It is the public policy of the State to utilize public–private partnerships, if appropriate, to:
(1)    develop and strengthen the State’s public infrastructure assets;
(2)    apportion between the public and private sectors the risks involved with developing and strengthening public infrastructure assets;
(3)    foster the creation of new jobs; and
(4)    promote the socioeconomic development and competiveness of Maryland.
(b)    It is the public policy of the State that a private entity that enters into a public–private partnership with a reporting agency comply with the Labor and Employment Article and the federal Fair Labor Standards Act.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 1 - Definitions; General Provisions › Section 10A-103 - Establishment of Public-Private Partnership by Reporting Agency

(a)    (1)    A reporting agency may establish a public–private partnership and execute an agreement in connection with any public infrastructure asset for which the reporting agency is responsible in accordance with the provisions of the Annotated Code.
(2)    A public–private partnership agreement executed under paragraph (1) of this subsection may include provisions that are necessary to develop and strengthen a public infrastructure asset in conjunction with a public–private partnership.
(b)    (1)    A reporting agency shall adopt regulations and establish processes for the development, solicitation, evaluation, award, and delivery of public–private partnerships.
(2)    A reporting agency may not adopt regulations under paragraph (1) of this subsection until:
(i)    the Joint Committee on Administrative, Executive, and Legislative Review reviews the regulations in accordance with § 10–110 of the State Government Article;
(ii)    the budget committees review and comment on the regulations; and
(iii)    at least 45 days after the first publication of the regulations in the Maryland Register.
(c)    A reporting agency may create a specific function dedicated to public–private partnership processes within the existing reporting agency.
(d)    Any combination of federal, State, or local funds, grants, loans, debt, or other public sources of funding or financing may be used and combined with any private sources of funding or financing for a public–private partnership project.
(e)    Any proceeds or revenues received by a reporting agency from a public–private partnership that are not otherwise paid or allocated to the private sector shall accrue to the fund that would have normally received those funds.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 1 - Definitions; General Provisions › Section 10A-104 - Reports

(a)    (1)    By January 1 of each year, each reporting agency shall submit to the budget committees, in accordance with § 2–1257 of the State Government Article:
(i)    a report concerning each public–private partnership under consideration that has not been reviewed or approved previously by the General Assembly; and
(ii)    a status report concerning each existing public–private partnership in which the reporting agency is involved.
(2)    The reports submitted by the Department of General Services under this subsection shall include information concerning all public–private partnerships involving units within the Executive Branch of State government, except for those units that are also reporting agencies.
(b)    By January 1 of each year, a unit of State government that provides conduit financing for a public–private partnership shall submit to the budget committees, in accordance with § 2–1257 of the State Government Article, a list that includes each public–private partnership for which the unit is providing conduit financing.
(c)    The annual report of the Capital Debt Affordability Committee required under § 8–112 of this article shall include an analysis of the aggregate impact of public–private partnership agreements on the total amount of new State debt that prudently may be authorized for the next fiscal year.
(d)    All existing public–private partnerships and any public–private partnership that is expected to be solicited shall be listed annually as appropriate in the annual capital budget or the Consolidated Transportation Program.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 1 - Definitions; General Provisions › Section 10A-105 - Compliance Requirements

(a)    A project undertaken by a reporting agency through a public–private partnership shall comply with the following provisions, to the extent that the provisions are applicable to the project:
(1)    § 3–602.1 of this article; and
(2)    the Environment Article.
(b)    The private entity and any contractors or subcontractors constructing a public infrastructure asset shall be subject to Title 17, Subtitles 1 and 2 of this article regardless of whether the contract qualifies as a public works contract.
(c)    State employees shall retain all of the protections in State law, regulations, and policies that are in effect at the time the public–private partnership agreement is approved by the Board of Public Works.
(d)    The Board of Public Works may not approve a public–private partnership that results in the State exceeding its debt affordability guidelines.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 2 - Solicited Proposals › Section 10A-202 - General Consideration

(a)    If a reporting agency intends to establish a public–private partnership under § 10A–103 of this title, the reporting agency shall issue a public notice of solicitation for the public–private partnership.
(b)    (1)    A private entity may be qualified as a bidder through a request for qualifications.
(2)    After a bidder is qualified and at any time before the award of the public–private partnership agreement, a reporting agency may engage in discussions with qualified bidders.
(3)    These discussions may be held to:
(i)    obtain comments and make revisions to solicitation documents;
(ii)    obtain the best value for the State; and
(iii)    ensure full understanding of:
1.    the requirements of the State, as set forth in the request for proposals; and
2.    the proposal submitted by the bidder.
(c)    For any private entity that responds to the public notice of solicitation, a reporting agency shall make a responsibility determination.
(d)    If a private entity is composed of multiple subentities or partners, the reporting agency shall make a responsibility determination for each subentity or partner owning 20% or more of the entity.
(e)    Any changes in the ownership composition of a public–private partnership, as described in subsection (d) of this section, require:
(1)    a responsibility determination;
(2)    45 days’ notice to the budget committees; and
(3)    approval by the Board of Public Works.
(f)    (1)    A reporting agency may reimburse a private entity for the portion of the entity’s costs incurred in response to the solicitation of a public–private partnership.
(2)    A reporting agency shall adopt regulations that establish the process for reimbursing a private entity under paragraph (1) of this subsection.
(3)    Regulations adopted under paragraph (2) of this subsection shall:
(i)    provide for the reimbursement of a private entity based on the dollar value of a project, the value of any work product received from the private entity, or any other method for calculating such reimbursement; and
(ii)    specify a maximum dollar amount that a reporting agency may reimburse a private entity for costs incurred under paragraph (1) of this subsection.
(4)    A reporting agency may pay a private entity that submits an unsuccessful proposal for the right to use the private entity’s work product.
(5)    A reporting agency may not reimburse a private entity for any portion of the costs incurred to develop a response to a public notice of solicitation if:
(i)    the private entity enters into a public–private partnership agreement with the reporting agency; and
(ii)    the public–private partnership agreement entered into under item (i) of this paragraph is approved by the Board of Public Works.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 2 - Solicited Proposals › Section 10A-203 - Proposed Agreement; Prerequisites for Approval

(a)    (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 § 2–1257 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 § 2–1257 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 § 2–1257 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)    (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 § 4–335 of the General Provisions 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 website of the reporting agency; or
(ii)    on the website of the specific project if one has been established.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 2 - Solicited Proposals › Section 10A-204 - Posting of Final Agreement

(a)    The reporting agency shall post the final public–private partnership agreement on the website of the reporting agency or the website of the specific project if one has been established.
(b)    Information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law shall be withheld from the posted version of the final public–private partnership agreement in accordance with § 4–335 of the General Provisions Article relating to:
(1)    a trade secret;
(2)    confidential commercial information; and
(3)    confidential financial information.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 3 - Unsolicited Proposals › Section 10A-301 - General Consideration

(a)    A reporting agency may accept, reject, or evaluate an unsolicited proposal for a public–private partnership that will assist the reporting agency in implementing its functions in a manner consistent with State policy.
(b)    A reporting agency shall establish the process for determining whether an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency.
(c)    (1)    A reporting agency may establish by regulation an application fee for submitting an unsolicited proposal.
(2)    For an unsolicited proposal that does not address a project already in the State’s Capital Improvement Program or Consolidated Transportation Program planning documents, a reporting agency may require a higher application fee.
(d)    If a reporting agency determines that an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency, the reporting agency shall:
(1)    conduct a competitive solicitation process as described under Subtitle 2 of this title;
(2)    protect proprietary information included in the unsolicited proposal to the same extent proprietary information is protected under § 10A–203(b) of this title; and
(3)    comply with all of the other procedural requirements set forth in this title.
(e)    An individual or firm that has submitted an unsolicited proposal under this title may participate in any subsequent competitive solicitation process.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 4 - Public-Private Partnership Agreements › Section 10A-402 - Term; Waiver of Term Limit

(a)    Except as provided in subsection (b) of this section, a public–private partnership agreement may not exceed 50 years, including all renewals and extensions.
(b)    The Board of Public Works may:
(1)    waive the prohibition set forth in subsection (a) of this section if the Board determines that the reporting agency has demonstrated sufficient reason for the agreement to have a longer term; and
(2)    waive the prohibition set forth in subsection (a) of this section at any point during the presolicitation, proposal review, or agreement negotiations process.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 4 - Public-Private Partnership Agreements › Section 10A-403 - Inclusion of Minority Business Enterprise Program

(a)    This section applies to the project development of the 28–acre State–owned property in Baltimore City bordered by Dolphin Street, North Howard Street, Martin Luther King Boulevard, and Madison Avenue, commonly known as State Center.
(b)    Notwithstanding any other provision of this title, the State or its reporting agency may not enter into a new or modified contract or plan for the development of State Center unless the new or modified contract or plan includes provisions that require:
(1)    an enforceable community benefits agreement between the developer and the State Center Neighborhood Alliance, Inc. to provide for a concerted and coordinated effort by the developer and the community throughout the entire planning, development, and construction phases of the project;
(2)    a comprehensive local hiring plan for the project that includes goals for short–term construction jobs, long–term employment opportunities, and job training; and
(3)    an economic improvement plan for the project that includes goals for the use of minority– and women–owned and locally owned businesses.
(c)    Any new or modified development contract or plan shall, to the extent possible, include:
(1)    State agencies as the major anchor tenant;
(2)    space for retail, housing, offices, restaurants, and other private businesses;
(3)    a high–quality, full–service grocery store;
(4)    parking facilities designed to reduce parking impacts on the surrounding communities;
(5)    elements designed to increase the connection of State Center to the surrounding communities; and
(6)    green space.
(d)    The State or its reporting agency shall include the State Center Neighborhood Alliance, Inc., and any other interested community association in:
(1)    any selection process for a new development contractor; and
(2)    the development of any new plans for the State Center project or any proposed modifications to existing development contracts for the project.
(e)    A developer who is a party to a new contract or plan for the development of State Center shall use best practical efforts to begin construction within 18 months after execution of the new contract and any associated plans.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 10A - Public-Private Partnerships › Subtitle 4 - Public-Private Partnership Agreements › Section 10A-404 - Minority Business Enterprise Program -- Public-Private Partnerships

// EFFECTIVE UNTIL JUNE 30, 2023 PER CHAPTER 553 OF 2020 //
(a)    The findings and evidence relied on by the General Assembly for the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of this article are hereby incorporated.
(b)    To the extent practicable and permitted by the United States Constitution, the provisions of the Minority Business Enterprise Program under Title 14, Subtitle 3 of this article shall apply to public–private partnerships established under this title.
(c)    (1)    The Board of Public Works may not approve a public–private partnership agreement under § 10A–203 of this title until the reporting agency, in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs, the Office of the Attorney General, and the private entity, if permissible, establishes reasonable and appropriate minority business enterprise participation goals and procedures for the project.
(2)    To the extent practicable, goals and procedures established under paragraph (1) of this subsection shall be based on the requirements of Title 14, Subtitle 3 of this article, including the implementation of regulations adopted under §§ 14–302 and 14–303 of this article.