VETOES

(9) AN ANALYSIS OF THE PROPOSED PROJECT AGAINST THE
CRITERIA SET FORTH IN § 5-706.3 § 5-706.4 OF THIS SUBTITLE AND,
IF THE CRITERIA ARE NOT SATISFIED, THE RATIONALE FOR BOARD
APPROVAL OF THE PROJECT AS AN EXCEPTION.

(C)  UPON RECEIPT OF THE PROPOSAL FOR CAPITAL LEASING, THE
FOLLOWING DEPARTMENTS SHALL REVIEW THE PROPOSAL:

(1)  THE DEPARTMENT OF STATE PLANNING SHALL REVIEW THE
JUSTIFICATION, NEED AND SPACE REQUIREMENTS OF THE PROJECT;

(2)  THE DEPARTMENT OF GENERAL SERVICES SHALL REVIEW
AND DEVELOP, IF APPROPRIATE, CONSTRUCTION AND OPERATING COSTS
ESTIMATES COMPARABLE TO STATE CONSTRUCTED PROJECTS; AND

(3)  THE DEPARTMENT OF BUDGET AND FISCAL PLANNING
SHALL REVIEW THE STAFFING AND OPERATING COSTS SUBMITTED BY THE
USING STATE AGENCY.

(D)  THE SECRETARY TO THE BOARD SHALL FORWARD A COPY OF THE
PROPOSAL, AS WELL AS ANY LEGAL DOCUMENTATION, TO THE ATTORNEY
GENERAL'S OFFICE FOR REVIEW.

(E)  UNLESS THE INFORMATION SUBMITTED BY THE REQUESTING
AGENCY IS INCOMPLETE, THE REVIEW SHALL BE ACCOMPLISHED WITHIN 45
DAYS OF SUBMISSION AND A CONSOLIDATED RECOMMENDATION FORWARDED TO
THE SECRETARY OF THE BOARD.

5-706.3 5-706.4.

(A)  THE BOARD SHALL REVIEW EACH PROPOSED CAPITAL LEASE
SUBMITTED BY A STATE AGENCY.

(B)  THE BOARD SHALL UTILIZE THE FOLLOWING CRITERIA IN
REVIEWING A CAPITAL LEASE:

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, PROJECTS SHALL BE LIMITED TO NEW CONSTRUCTION;

(2)  EXISTING BUILDINGS MAY NOT BE SOLD TO GENERATE
CASH, UNLESS BE SOLD AND LEASED BACK TO THE STATE WHENEVER
EXTENSIVE REHABILITATION IS INVOLVED;

(3)  THE PROJECT MAY NOT ADVERSELY AFFECT THE STATE'S
FUTURE BARGAINING POSITION OR PROVIDE THE DEVELOPER OR BUILDER
WITH AN UNDUE FINANCIAL ADVANTAGE OVER A STATE AGENCY;

(4)  COST BENEFITS TO THE STATE OVER THE USEFUL LIFE
OF THE FACILITY, INCLUDING TAX LOSSES, MUST BE POSITIVE, BASED ON
PRESENT VALUE DETERMINATIONS; AND

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