01.01.2013.03

EXECUTIVE ORDER 01.01.2013.03

Public-Private Partnerships — Oversight

A. Maryland Subcabinet for Public-Private Partnerships.

(1) Established. This is a Maryland Subcabinet for Public-Private Partnerships. The Subcabinet shall consist of the following members:

(a) The Executive Director of the Maryland Subcabinet for Public-Private Partnerships, who is appointed by the Governor;

(b) The Lt. Governor, or the Lt. Governor’s designee, who serves as Chair of Subcabinet;

(c) The Secretary of Budget and Management, or the Secretary’s designee;

(d) The Secretary of General Services, or the Secretary’s designee;

(e) The Secretary of Transportation, or the Secretary’s designee;

(f) The Special Secretary of the Governor’s Office of Minority Affairs, or the Special Secretary’s designee;

(g) The Executive Secretary of the Maryland Transportation Authority, or the Executive Secretary’s designee;

(h) The Chancellor of the University System of Maryland, or the Chancellor’s designee;

(i) The Executive Director of the Maryland Stadium Authority, or the Executive Director’s designee;

(j) The Executive Director of the Maryland Economic Development Corporation, or the Executive Director’s designee; and

(k) The Executive Director of the Interagency Committee on School Construction, or the Executive Director’s designee.

(2) The Maryland Subcabinet for Public-Private Partnerships shall establish a Public-Private Partnership Advisory Board to seek advice on future public-private partnership policy and opportunities. The membership of the Advisory Board is at the sole discretion of the Subcabinet. The Board shall be diverse and representative of the various groups and stakeholders that have experience and interest in public-private partnerships.Its membership may include persons from the private and public sector, the labor community, the environmental community, historically black colleges and universities, minority communities, women, local and county government officials, the Maryland Senate, the Maryland House of Delegates and any other affected groups or businesses.

(3) Responsibilities. The Maryland Subcabinet for Public-Private Partnerships and the Executive Director of the Subcabinet shall:

(a) Coordinate the activities of the Subcabinet, execute the responsibilities enumerated in this Executive Order, and act as the State’s liaison to groups and individuals who are interested in learning about or pursuing public-private partnerships in Maryland;

(b) Meet at least quarterly to review statewide public-private partnership projects, policies, and related issues;

(c) Provide assistance, information, or advice to any reporting agency seeking assistance, information, or advice for potential public-private partnerships;

(d) As necessary, and in coordination with a reporting agency and the Department of Budget and Management, provide the Board of Public Works, the General Assembly, the Department of Legislative Services, the Office of the Comptroller and Office of the Treasurer with updates on any ongoing or future public-private partnerships;

(e) Assist with the continued development and improvement of the State’s public-private partnership framework, including agency regulations and the criteria for project selection, as needed;

(f) Review, as needed, Maryland’s existing public-private partnership legislation or regulations that may constrain reporting agencies or Maryland’s ability to consider or execute public-private partnerships effectively, and recommend potential changes;

(g) Analyze how to maximize the State’s use of public-private partnerships;

(h) Conduct additional research into best practices for public-private partnerships within the United States and internationally;

(i) Invite subject-matter experts, both from within and outside State government, to present to the Subcabinet;

(j) Hold forums and similar educational or information-gathering events;

(k) Ensure that the repository for public-private partnership information established under Section B of this Executive Order is updated on a timely basis, including:

(i) Key aspects and documents related to all State public-private partnerships that have reached final Agreement;

(ii) Details about each reporting agency’s pipeline of future public-private partnerships; and

(iii) Any other pertinent information related to public-private partnerships;

(l) Commission the development of studies and reports including, but not limited to, a report submitted by December 1, 2013 to the Governor, Senate President and House Speaker that includes:

(i) An analysis of the State’s two capital improvement plans—including the Consolidated Transportation Program and Capital Improvement Program—to assist reporting agencies in determining which capital projects should be considered as a public-private partnership and their respective priority.Consideration may also be given to capital projects that have been requested, but are not included in either of the State’s current capital improvement plans;

(ii) The advantages and disadvantages of establishing a formal Office of Public-Private Partnerships and/or Innovative Financing Office to oversee and manage future tax increment financing, public-private partnerships, smart growth investment funds, or other types of innovative financing, as well as the potential composition, location, staffing, and responsibilities of such an office or offices; and

(iii) A description of possible uses of availability payments and their applicability in Maryland.

(4) Staff support.Staff support for the Maryland Subcabinet for Public-Private Partnerships will be provided by the Executive Director with support from:

(a) The Department of Transportation;

(b) The Department of Budget and Management;

(c) The Department of General Services;

(d) The University System of Maryland; and

(e) Contractual assistance or experts in the field of public-private partnerships or other areas as needed.

B. Repository for Public-Private Partnership Information.

(1) The Executive Director in coordination with the subcabinet will create a centralized website to highlight information on the State’s knowledge and experience with public-private partnership policies, processes, projects and other best practices.

(2) The website will be maintained jointly by:

(a) The Maryland Subcabinet for Public-Private Partnerships;

(b) The Department of Transportation; and

(c) The Department of General Services.

(3) The website may include:

(a) Key aspects and documents of all public-private partnerships undertaken by the State or a reporting agency;

(b) The pre-solicitation report of all future public-private partnerships, minus theinformation deemed confidential, proprietary, or otherwise exempt from disclosure, in accordance with 10A-201(c)(1)(v) of the State Finance and Procurement Article;

(c) Solicitation documents and the final public-private partnership agreement, minus theinformation deemed confidential, proprietary, or otherwise exempt from disclosure, in accordance with 10A-203(b)(1)(i) of the State Finance and Procurement Article;

(d) The contact information for the main public-private partnership point of contact for each reporting agency;

(e) Report of the Joint Legislative and Executive Commission on Public-Private Partnerships;

(f) Regulations relating to public-private partnerships for each of the reporting agencies;

(g) The process for submitting unsolicited proposals to the reporting agencies;

(h) Information regarding recent public-private partnership activities, forums, meetings, and initiatives throughout the State;

(i) Additional materials developed by the Maryland Subcabinet for Public Private Partnerships; and

(j) Details about each Reporting Agency’s pipeline of potential future public-private partnerships, including:

(i) Potential project delivery methods under consideration; and

(ii) Estimated pre-solicitation and solicitation schedules for each potential public-private partnership.

C. Public Private Processes.

(1) In accordance with the public-private partnership law, each reporting agency shall establish public-private partnership regulations for the development, solicitation, evaluation, award, and delivery of public-private partnerships.

(2) For the development of regulations, reporting agencies may:

(a) Use internal resources;

(b) Use the report of the Joint Legislative and Executive Commission on Public-Private Partnerships;

(c) Seek guidance from the Maryland Subcabinet for Public-Private Partnerships; or

(d) Seek guidance from experts in the field of public-private partnerships.

Effective date: August 5, 2013