Compliance requirements

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    (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.


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