MD
Maryland House Bill HB1201

Maryland 2023 Regular Session

Maryland House Bill HB1201 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1201*
66
77 HOUSE BILL 1201
88 P2, P1 3lr2839
99 HB 485/21 – ENT & APP
1010 By: Delegate Solomon
1111 Introduced and read first time: February 10, 2023
1212 Assigned to: Environment and Transportation and Appropriations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Public–Private Partnerships 2
1919
2020 FOR the purpose of establishing the Public–Private Partnership Oversight Review Board; 3
2121 requiring the Board to study and make recommendations regarding certain matters; 4
2222 authorizing the Board to request technical assistance from certain persons, when 5
2323 appropriate; requiring a reporting agency to submit certain presolicitation reports to 6
2424 the Board; requiring a reporting agency to submit a separate presolicitation report 7
2525 for each phase of a project that will develop in phases; providing that the total value 8
2626 of a public–private partnership developed in phases is equal to the sum of the total 9
2727 value of each phase of the project; requiring a certain reporting agency to include in 10
2828 presolicitation reports for certain public–private partnerships presolicitation reports 11
2929 of certain contracts; requiring the Board, within a certain number of days after 12
3030 receiving a presolicitation report, to report and make certain recommendations to 13
3131 the Board of Public Works and certain budget committees; requiring that before the 14
3232 Board of Public Works may make a certain designation certain budget committees 15
3333 have a certain number of days to review and comment on a certain report; requiring 16
3434 certain proposed public–private partnership agreements to be submitted to the 17
3535 Legislative Policy Committee and the Public–Private Partnership Oversight Review 18
3636 Board; prohibiting the Board of Public Works from approving a proposed agreement 19
3737 until the Legislative Policy Committee has reviewed and commented on the 20
3838 public–private partnership if a certain review and comment period is during a 21
3939 certain time and until certain independent assessments of the impact on the State’s 22
4040 credit rating and certain risk analyses are completed under certain circumstances; 23
4141 requiring a certain risk analysis to include certain information; requiring the 24
4242 proposed agreement to include certain financial information; requiring approval of 25
4343 the General Assembly for certain public–private partnership agreements; requiring 26
4444 a reporting agency to notify the Legislative Policy Committee on receiving a certain 27
4545 unsolicited proposal; requiring a reporting agency to consult with the Public–Private 28
4646 Partnership Oversight Review Board in reviewing a certain unsolicited proposal; 29
4747 requiring certain terms in a public–private partnership agreement; requiring, under 30
4848 certain circumstances, the terms of a public–private partnership to contain certain 31 2 HOUSE BILL 1201
4949
5050
5151 provisions; extending a certain prohibition on noncompete clauses in certain 1
5252 public–private partnership agreements to all transit or road maintenance projects 2
5353 regardless of funding source; and generally relating to public–private partnerships. 3
5454
5555 BY repealing and reenacting, without amendments, 4
5656 Article – State Finance and Procurement 5
5757 Section 10A–101(a) 6
5858 Annotated Code of Maryland 7
5959 (2021 Replacement Volume and 2022 Supplement) 8
6060
6161 BY repealing and reenacting, with amendments, 9
6262 Article – State Finance and Procurement 10
6363 Section 10A–101(b), 10A–201(a), 10A–203(a), 10A–301, and 10A–401(a) and (c) 11
6464 Annotated Code of Maryland 12
6565 (2021 Replacement Volume and 2022 Supplement) 13
6666
6767 BY adding to 14
6868 Article – State Finance and Procurement 15
6969 Section 10A–101(i), 10A–106, and 10A–203(c) 16
7070 Annotated Code of Maryland 17
7171 (2021 Replacement Volume and 2022 Supplement) 18
7272
7373 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
7474 That the Laws of Maryland read as follows: 20
7575
7676 Article – State Finance and Procurement 21
7777
7878 10A–101. 22
7979
8080 (a) In this title the following words have the meanings indicated. 23
8181
8282 (b) “Budget committees” means the Senate Budget and Taxation Committee, the 24
8383 House [Committee on Ways and Means ] ENVIRONMENT AND TRANSPORTATION 25
8484 COMMITTEE, and the House Appropriations Committee. 26
8585
8686 (I) “TRANSPORTATION FACILI TIES PROJECT” HAS THE MEANING STATED 27
8787 IN § 4–101 OF THE TRANSPORTATION ARTICLE. 28
8888
8989 10A–106. 29
9090
9191 (A) THERE IS A PUBLIC–PRIVATE PARTNERSHIP OVERSIGHT REVIEW 30
9292 BOARD. 31
9393
9494 (B) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 32
9595
9696 (1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 33 HOUSE BILL 1201 3
9797
9898
9999 THE PRESIDENT OF TH E SENATE; 1
100100
101101 (2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 2
102102 THE SPEAKER OF THE HOUSE; AND 3
103103
104104 (3) THREE MEMBERS , APPOINTED BY THE GOVERNOR, WHO SHALL 4
105105 HAVE EXPERIENCE IN T HE FIELDS OF TRANSPO RTATION LAW , PUBLIC POLICY , 5
106106 FINANCE, OR MANAGEMENT CONSUL TING. 6
107107
108108 (C) THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE 7
109109 SHALL JOINTLY DESIGN ATE THE CHAIR OF THE BOARD. 8
110110
111111 (D) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL PROVIDE STAFF 9
112112 FOR THE BOARD. 10
113113
114114 (E) THE BOARD SHALL: 11
115115
116116 (1) REVIEW PUBLIC –PRIVATE PARTNERSHIP PRESOLIC ITATION 12
117117 REPORTS; 13
118118
119119 (2) MAKE RECOMMENDATIONS REGARDING THE DESIGN ATION OF A 14
120120 PUBLIC INFRASTRUCTUR E ASSET AS A PUBLIC–PRIVATE PARTNERSHIP ; 15
121121
122122 (3) CONSULT WITH A REPOR TING AGENCY IN REVIE WING ANY 16
123123 UNSOLICITED PROPOSAL S FOR A PUBLIC–PRIVATE PARTNERSHIP ; 17
124124
125125 (4) REVIEW BEST PRACTICE S REGARDING PUBLIC –PRIVATE 18
126126 PARTNERSHIPS FROM OT HER STATES AND INTER NATIONALLY; AND 19
127127
128128 (5) MONITOR THE IMPLEMEN TATION AND OPERATION OF EXISTING 20
129129 PUBLIC–PRIVATE PARTNERSHIPS . 21
130130
131131 (F) THE BOARD MAY REQUEST TEC HNICAL ASSISTANCE FR OM THE STATE 22
132132 TREASURER, THE COMPTROLLER , OR THE APPROPRIATE ADMINIST RATIVE 23
133133 AGENCY, WHEN APPROPRIATE . 24
134134
135135 10A–201. 25
136136
137137 (a) (1) (i) Except as provided in subparagraph (ii) of this paragraph AND 26
138138 SUBJECT TO SUBPARAGR APH (III) OF THIS PARAGRAPH AN D PARAGRAPH (3) OF 27
139139 THIS SUBSECTION , a reporting agency may not issue a public notice of solicitation for a 28
140140 public–private partnership until a presolicitation report concerning the proposed 29
141141 public–private partnership is submitted to the Comptroller, the State Treasurer, the 30
142142 budget committees, and the Department of Legislative Services, in accordance with § 31
143143 2–1257 of the State Government Article. 32 4 HOUSE BILL 1201
144144
145145
146146
147147 (ii) 1. A reporting agency may not issue a public notice of 1
148148 solicitation for a public–private partnership for a transportation facilities project[, as 2
149149 defined in § 4–101(h) of the Transportation Article,] until a presolicitation report 3
150150 concerning the proposed public–private partnership is submitted to the budget committees 4
151151 and the Department of Legislative Services, in accordance with § 2–1257 of the State 5
152152 Government Article. 6
153153
154154 2. FOR A TRANSPORTATION FACILITIES PROJECT W ITH 7
155155 A TOTAL VALUE THAT E XCEEDS $500,000,000, THE REPORTING AGENCY SHALL 8
156156 SUBMIT, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 9
157157 THE PRESOLICITATION REPORT TO THE PUBLIC–PRIVATE PARTNERSHIP 10
158158 OVERSIGHT REVIEW BOARD. 11
159159
160160 (III) 1. IF A REPORTING AGENCY HAS DETERMINED THAT A 12
161161 PROJECT THAT IS SUBJ ECT TO A PUBLIC –PRIVATE PARTNERSHIP WILL BE 13
162162 DEVELOPED IN SEPARAT E PHASES, THE REPORTING AGENCY SHALL SUBMIT A 14
163163 SEPARATE PRESOLICITA TION REPORT IN ACCOR DANCE WITH THIS SECT ION FOR 15
164164 EACH PHASE OF THE PR OJECT. 16
165165
166166 2. FOR THE PURPOSES OF D ETERMINING THE TOTAL 17
167167 VALUE OF A PUBLIC –PRIVATE PARTNERSHIP FOR A PROJECT THAT W ILL BE 18
168168 DEVELOPED IN PHASES , THE TOTAL VALUE OF T HE PUBLIC–PRIVATE PARTNERSHIP 19
169169 SHALL BE EQUAL TO TH E SUM OF THE TOTAL V ALUE OF EACH PHASE O F THE 20
170170 PROJECT. 21
171171
172172 (2) (i) [The] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 22
173173 SUBSECTION, THE budget committees may not have more than 45 days to review and 23
174174 comment on the presolicitation report submitted in accordance with paragraph (1) of this 24
175175 subsection. 25
176176
177177 (ii) 1. If the total value of a proposed public–private partnership 26
178178 reported in the presolicitation report under paragraph (b)(1) of this subsection exceeds 27
179179 $500,000,000, the budget committees [may request] SHALL, AFTER MAKING A REQUE ST 28
180180 SUBJECT TO SUBSUBPAR AGRAPH 2 OF THIS SUBPARAGRAPH , BE GRANTED an 29
181181 additional 15 days to review and comment on the presolicitation report. 30
182182
183183 2. The request for additional time under this subparagraph 31
184184 shall: 32
185185
186186 A. be made in writing to the Governor, the Department of 33
187187 Budget and Management, and the reporting agency; and 34
188188
189189 B. include the reason for the request and any preliminary 35
190190 issues the budget committees have. 36 HOUSE BILL 1201 5
191191
192192
193193
194194 (3) FOR A PUBLIC –PRIVATE PARTNERSHIP WITH A TOTAL VALUE 1
195195 THAT EXCEEDS $500,000,000, THE REPORTING AGENCY SHALL INCLU DE IN THE 2
196196 PRESOLICITATION REPO RT REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION 3
197197 A PRESOLICITATION RE PORT OF EACH CONTRAC T UNDER THE PUBLIC–PRIVATE 4
198198 PARTNERSHIP . 5
199199
200200 (4) (I) WITHIN 60 DAYS AFTER RECEIVING A PRESOLICITATION 6
201201 REPORT UNDER PARAGRA PH (1) OF THIS SUBSECTION, THE PUBLIC–PRIVATE 7
202202 PARTNERSHIP OVERSIGHT REVIEW BOARD SHALL REPORT AN D MAKE 8
203203 RECOMMENDATIONS ON T HE PRESOLICITATION R EPORT TO THE BOARD OF PUBLIC 9
204204 WORKS AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 10
205205 ARTICLE, THE BUDGET COMMITTEE S OF THE GENERAL ASSEMBLY. 11
206206
207207 (II) THE BUDGET COMMITTEES , IN CONSULTATION WITH THE 12
208208 APPROPRIATE POLICY C OMMITTEES, SHALL HAVE 60 DAYS TO REVIEW AND 13
209209 COMMENT ON THE REPOR T AND RECOMMENDATION S OF THE 14
210210 PUBLIC–PRIVATE PARTNERSHIP OVERSIGHT REVIEW BOARD BEFORE THE BOARD 15
211211 OF PUBLIC WORKS MAY DESIGNATE T HE PUBLIC INFRASTRUC TURE ASSET AS A 16
212212 PUBLIC–PRIVATE PARTNERSHIP UNDER SUBSECTION (C) OF THIS SECTION. 17
213213
214214 10A–203. 18
215215
216216 (a) (1) Except as provided in [paragraph (2)] PARAGRAPHS (2) AND (5) of 19
217217 this subsection, the Board of Public Works may not approve a public–private partnership 20
218218 agreement until: 21
219219
220220 (i) a copy of the proposed agreement is submitted simultaneously 22
221221 to: 23
222222
223223 1. the Comptroller, the State Treasurer, the budget 24
224224 committees, and the Department of Legislative Services, in accordance with § 2–1257 of 25
225225 the State Government Article; AND 26
226226
227227 2. FOR A PUBLIC–PRIVATE PARTNERSHIP WITH A TOTAL 27
228228 VALUE THAT EXCEEDS $500,000,000, THE LEGISLATIVE POLICY COMMITTEE, IN 28
229229 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AND THE 29
230230 PUBLIC–PRIVATE PARTNERSHIP OVERSIGHT REVIEW BOARD; 30
231231
232232 (ii) the State Treasurer, in coordination with the Comptroller, 31
233233 analyzes the impact on the State’s capital debt affordability limits of the proposed 32
234234 public–private partnership agreement; 33
235235
236236 (iii) the State Treasurer submits the analysis to the budget 34
237237 committees and the Department of Legislative Services, in accordance with § 2–1257 of the 35 6 HOUSE BILL 1201
238238
239239
240240 State Government Article; [and] 1
241241
242242 (iv) the budget committees have reviewed and commented on the 2
243243 agreement in accordance with paragraph (3) of this subsection; AND 3
244244
245245 (V) FOR A PUBLIC –PRIVATE PARTNERSHIP WITH A TOTAL 4
246246 VALUE THAT EXCEEDS $500,000,000: 5
247247
248248 1. IF THE REVIEW AND CO MMENT PERIOD FOR THE 6
249249 BUDGET COMMITTEES IS DURING A PERIOD WHEN THE GENERAL ASSEMBLY IS NOT 7
250250 IN SESSION, THE LEGISLATIVE POLICY COMMITTEE HAS REVIEWE D AND 8
251251 COMMENTED ON THE PUB LIC–PRIVATE PARTNERSHIP ; 9
252252
253253 2. INDEPENDENT ASSESSME NTS OF THE IMPACT ON THE 10
254254 STATE’S CREDIT RATING ARE COMPLETED FOR EACH C ONTRACT UNDER THE 11
255255 PUBLIC–PRIVATE PARTNERSHIP BY A FINANCIAL ADVISO R CHOSEN BY THE STATE 12
256256 TREASURER; AND 13
257257
258258 3. IN ACCORDANCE WITH P ARAGRAPH (4) OF THIS 14
259259 SUBSECTION, A RISK ANALYSIS IS C OMPLETED FOR EACH CO NTRACT UNDER THE 15
260260 PUBLIC–PRIVATE PARTNERSHIP BY A FINANCIAL ADVIS OR CHOSEN BY THE STATE 16
261261 TREASURER. 17
262262
263263 (2) The Board of Public Works may not approve a public –private 18
264264 partnership agreement for a transportation facilities project[, as defined in § 4–101(h) of 19
265265 the Transportation Article,] until the proposed agreement is submitted to the budget 20
266266 committees and the Department of Legislative Services, in accordance with § 2–1257 of the 21
267267 State Government Article. 22
268268
269269 (3) (i) The period for review, analysis, and comment under paragraphs 23
270270 (1) and (2) of this subsection may not exceed a total of 30 days from the date the proposed 24
271271 public–private partnership agreement is submitted simultaneously to the State Treasurer, 25
272272 the Comptroller, the budget committees, and the Department of Legislative Services. 26
273273
274274 (ii) The budget committees may facilitate a faster review and 27
275275 comment period by sending a letter to the Board of Public Works supporting a proposed 28
276276 public–private partnership agreement in advance of the expiration of the 30–day review 29
277277 period. 30
278278
279279 (4) THE RISK ANALYSIS REQUIRED UNDER PARAG RAPH (1) OF THIS 31
280280 SUBSECTION SHALL INCLUDE: 32
281281
282282 (I) AN ASSESSMENT OF THE RISKS TO THE STATE POSED BY THE 33
283283 PROPOSED AGREEMENT , INCLUDING ECONOMIC , LEGAL, AND TECHNOLOGICAL 34
284284 RISKS; AND 35 HOUSE BILL 1201 7
285285
286286
287287
288288 (II) AN EVALUATION OF THE SECURITY PACKAGE PRO VIDED BY 1
289289 THE PRIVATE ENTITY A ND PRIVATE FUNDING S OURCE, INCLUDING ANY PAYMEN T 2
290290 AND PERFORMANCE BOND S, LETTERS OF CREDIT , PARENT COMPANY GUARA NTEES, 3
291291 AND LENDER OR EQUITY PARTNER GUARANTEES . 4
292292
293293 (5) (I) A PUBLIC–PRIVATE PARTNERSHIP AGREEMENT WITH A 5
294294 TOTAL VALUE THAT EXC EEDS $1,000,000,000 REQUIRES AN AFFIRMAT IVE VOTE OF 6
295295 THE GENERAL ASSEMBLY BEFORE THE BOARD OF PUBLIC WORKS MAY ACT TO 7
296296 APPROVE THE AGREEMEN T. 8
297297
298298 (II) A VOTE OF THE GENERAL ASSEMBLY TO APPROVE A 9
299299 PUBLIC–PRIVATE PARTNERSHIP WITH A TOTAL VALUE T HAT EXCEEDS 10
300300 $1,000,000,000 SHALL OCCUR AFTER COMPLETION OF THE PERIOD FOR REVIEW, 11
301301 ANALYSIS, AND COMMENT REQUIRED UNDER PARAGRAPHS (1) AND (2) OF THIS 12
302302 SUBSECTION. 13
303303
304304 (C) THE PROPOSED PUBLIC –PRIVATE PARTNERSHIP AGREEMENT SHALL 14
305305 INCLUDE FINANCIAL IN FORMATION REGARDING EACH CONTRACTOR AND ANY 15
306306 SUBCONTRACTOR THAT W ILL PROVID E PRODUCTS OR SERVIC ES UNDER THE 16
307307 PUBLIC–PRIVATE PARTNERSHIP AGREEMENT . 17
308308
309309 10A–301. 18
310310
311311 (a) A reporting agency may accept, reject, or evaluate an unsolicited proposal for 19
312312 a public–private partnership that will assist the reporting agency in implementing its 20
313313 functions in a manner consistent with State policy. 21
314314
315315 (b) A REPORTING AGENCY SHA LL NOTIFY THE LEGISLATIVE POLICY 22
316316 COMMITTEE ON RECEIVIN G AN UNSOLICITED PRO POSAL. 23
317317
318318 (C) (1) A reporting agency shall establish the process for determining whether 24
319319 an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous 25
320320 to the reporting agency. 26
321321
322322 (2) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , A 27
323323 REPORTING AGENCY SHA LL CONSULT WITH THE PUBLIC–PRIVATE PARTNERSHIP 28
324324 OVERSIGHT REVIEW BOARD IN REVIEWING AN UNSOLICITE D PROPOSAL. 29
325325
326326 [(c)] (D) (1) A reporting agency may establish by regulation an application 30
327327 fee for submitting an unsolicited proposal. 31
328328
329329 (2) For an unsolicited proposal that does not address a project already in 32
330330 the State’s Capital Improvement Program or Consolidated Transportation Program 33
331331 planning documents, a reporting agency may require a higher application fee. 34 8 HOUSE BILL 1201
332332
333333
334334
335335 [(d)] (E) If a reporting agency determines that an unsolicited proposal meets a 1
336336 need of the reporting agency or is otherwise advantageous to the reporting agency, the 2
337337 reporting agency shall: 3
338338
339339 (1) conduct a competitive solicitation process as described under Subtitle 2 4
340340 of this title; 5
341341
342342 (2) protect proprietary information included in the unsolicited proposal to 6
343343 the same extent proprietary information is protected under § 10A–203(b) of this title; and 7
344344
345345 (3) comply with all of the other procedural requirements set forth in this 8
346346 title. 9
347347
348348 [(e)] (F) An individual or firm that has submitted an unsolicited proposal under 10
349349 this title may participate in any subsequent competitive solicitation process. 11
350350
351351 10A–401. 12
352352
353353 (a) (1) Whenever applicable, a public–private partnership agreement shall 13
354354 include the following provisions: 14
355355
356356 [(1)] (I) the method and terms for approval of any assignment, 15
357357 reassignment, or other transfer of interest related to the public–private partnership 16
358358 agreement; 17
359359
360360 [(2)] (II) the methods and terms for setting and adjusting tolls, fares, fees, 18
361361 and other charges related to the public infrastructure asset; 19
362362
363363 [(3)] (III) the method and terms for revenue–sharing or other sharing in 20
364364 fees or charges, in which the public participates in the financial upside of asset performance 21
365365 of the public infrastructure asset; 22
366366
367367 [(4)] (IV) minimum quality standards, performance criteria, incentives, 23
368368 and disincentives; 24
369369
370370 [(5)] (V) operations and maintenance standards; 25
371371
372372 [(6)] (VI) the rights for inspection by the State; 26
373373
374374 [(7)] (VII) the terms and conditions under which the reporting agency may 27
375375 provide services for a fee sufficient to cover both direct and indirect costs; 28
376376
377377 [(8)] (VIII) provisions for oversight and remedies and penalties for default; 29
378378
379379 [(9)] (IX) the terms and conditions under which the reporting agency 30 HOUSE BILL 1201 9
380380
381381
382382 originating the public–private partnership shall be responsible for ongoing oversight; 1
383383
384384 [(10)] (X) the terms and conditions for audits by the State, including the 2
385385 Office of Legislative Audits, related to the agreement’s financial records and performance; 3
386386
387387 [(11)] (XI) the terms and conditions under which the public infrastructure 4
388388 assets shall be returned to the State at the expiration or termination of the agreement; and 5
389389
390390 [(12)] (XII) requirements for the private entity to provide performance 6
391391 security and payment security in a form and in an amount determined by the responsible 7
392392 public entity, except that: 8
393393
394394 [(i)] 1. requirements for the payment security for construction 9
395395 contracts shall be in accordance with Title 17, Subtitle 1 of this article; and 10
396396
397397 [(ii)] 2. requirements for the amount of the payment security and 11
398398 any performance security in the form of a performance bond for a construction contract 12
399399 shall be based on the value of the respective construction elements of the public–private 13
400400 partnership agreement and not on the total value of the public–private partnership 14
401401 agreement; AND 15
402402
403403 (XIII) IF NEGOTIATED AS AN ELEMENT OF THE PU BLIC–PRIVATE 16
404404 PARTNERSHIP , THE TERMS ESTABLISHI NG A GUARANTEED RATE OF R ETURN FOR 17
405405 THE PRIVATE ENTITY . 18
406406
407407 (2) IF THE PUBLIC–PRIVATE PARTNERSHIP AGREEMENT REQUIRES 19
408408 THE STATE OR A SUCCESSOR ENTITY TO TAKE OVER OPERATIONS AND 20
409409 MAINTENANCE OF A PRO JECT, THE TERMS FOR APPROV AL OF ANY ASSIGNMENT , 21
410410 REASSIGNMENT , OR OTHER TRANSFER OF INTERESTS IN THE PRO JECT SHALL 22
411411 INCLUDE A REQUIREMEN T THAT ALL TOLL REVE NUE OR OTHER CHARGES RELATED 23
412412 TO THE PROJECT BE ASSIGNED TO THE STATE OR A SUCCESSOR ENTITY TO APPLY 24
413413 TO THE OPERATIONS AN D MAINTENANCE OF THE PROJECT. 25
414414
415415 (3) THE TERMS OF THE PUBL IC–PRIVATE PARTNERSHIP AGREEMENT 26
416416 PROVIDING FOR REVENU E–SHARING OR OTHER SHA RING IN FEES OR CHAR GES IN 27
417417 WHICH THE PUBLIC PAR TICIPATES IN THE FINANC IAL UPSIDE OF ASSET 28
418418 PERFORMANCE OF THE P UBLIC INFRASTRUCTURE ASSET SHALL REQUIRE THE 29
419419 REIMBURSEMENT OF THE STATE FOR ADVANCED PR OJECT EXPENSES . 30
420420
421421 (c) A public–private partnership agreement for a project involving road, highway, 31
422422 or bridge assets may not include a noncompete clause that would inhibit the planning, 32
423423 construction, or implementation of [State–funded] transit OR ROAD MAINTENANCE 33
424424 projects. 34
425425
426426 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 35 10 HOUSE BILL 1201
427427
428428
429429 1, 2023. 1
430430