C.R.S.
Section 24-94-103
Public-private partnerships
- oversight of state public entities in the executive branch of state government
- definition
- repeal
(1)
Within one year of May 26, 2022, the executive director shall:(a)
Create requirements regarding the authority for state public entities to initiate requests for proposals or bids or to review any private partner-initiated proposals for public projects to be completed through public-private partnerships subject to the executive director’s approval pursuant to section 24-94-104(1). The processes may include, but need not be limited to:(I)
Completion of analyses regarding perceived advantages, disadvantages, risks, benefits, costs, and value-for-money of a proposed public-private partnership;(II)
Documented considerations of potential funding alternatives, impacts on affected communities, and the suitability and scope of a proposed public-private partnership;(III)
Documented considerations of the entire life cycle of a proposed public-private partnership, including planning, design, engineering, construction, repair, maintenance, operations, financing, and handover;(IV)
Due diligence requirements; and(V)
Development of any other materials, analyses, considerations, requirements, or reports necessary for the executive director to make a determination that the proposal for a public-private partnership serves an important social or economic value, including but not limited to increased behavioral health capacity, broadband deployment, affordable housing development, child care services, or any other public benefit.(b)
Create requirements regarding the authority for state public entities to execute public-private partnership agreements for public projects subject to the executive director’s approval pursuant to section 24-94-104 (1). The processes may include, but need not be limited to:(I)
Acceptable project delivery methods, including alternative delivery methods, for an approved public-private partnership proposal;(II)
Acceptable financing methods for an approved public-private partnership, including but not limited to a pledge of, security of, interest in, or lien on property or interest in property, and any amounts, terms, and conditions to be included in public-private agreements;(III)
Reporting requirements for state public entities and private partners throughout the life cycle of an executive director-approved public-private partnership;(IV)
Policies concerning transparency and timely reporting; and(V)
Developing a fair, unbiased method of choosing proposals based on the best interests of the state and considering financial costs and benefits to the state and public project users.(c)
Further define any relevant terms in this article 94, including but not limited to public-private partnership and public-private agreement; and(d)
Develop cost thresholds for public projects that qualify as a public-private partnership or public-private agreement, which may depend on the type of project and the responsible state public entity.(2)
There is hereby established the public-private collaboration unit in the department. The unit shall:(a)
In coordination with relevant state public entities, identify, prioritize, and advance potential public projects that may be best delivered through a public-private partnership;(b)
Facilitate collaboration between state public entities and private partners in connection with public projects;(c)
Provide technical assistance and expertise to state public entities in connection with any aspect of proposed or approved public-private partnerships, which may include assistance with:(I)
Satisfying the requirements established by the executive director in subsections (1)(a) and (1)(b) of this section;(II)
Project screening, planning, development, procurement, operations, and management; and(III)
Serving as a liaison with federal and local government officials;(d)
Create best practices that incorporate lessons learned from other public-private partnerships for every stage of the life cycle of a public-private partnership, which may include:(I)
Standardizing methodologies and processes;(II)
Creating templates for interagency agreements that identify project resources and responsibilities; and(III)
Creating templates for partnership agreements that address risk allocations, key terms, and conditions;(e)
Conduct public and stakeholder engagement to encourage transparency, accountability, and information sharing regarding public-private partnerships;(f)
Track proposed, ongoing, and completed public-private partnerships;(g)
Attract private investments for public projects;(h)
In coordination with the department of early childhood, created in section 24-1-120.5 (1), distribute funding to help increase the supply of child care facilities using public buildings or other appropriate public assets; and(i)
Give preference to proposed or executed public-private partnership agreements that will use state-owned real property for the purposes of mixed-income development and affordable housing that is proportional to the community’s demonstrated affordable housing needs.(2.2)
Intentionally left blank —Ed.(a)
The unit may:(I)
Accept monetary and nonmonetary gifts, grants, and donations. Monetary gifts, grants, and donations shall be transferred by the unit to the state treasurer and credited by the state treasurer to the unused state-owned real property fund created in section 24-82-102.5 (5).(II)
Accept, appropriate, hold in trust, and leverage, on behalf of private partners, proceeds from real estate transactions conducted in accordance with this section and other applicable state law, as well as revenues from public-private partnership agreements for public projects that provide affordable housing;(III)
Use real property that, upon approval by the governor, has been deeded to the department by a state public entity for the purpose of carrying out the provisions of an executed or proposed public-private agreement or real estate state contract for a public project that provides affordable housing. In furtherance of this subsection (2.2)(a)(III), the unit may act as the department’s agent in real estate transactions to:(A)
Purchase state-owned real property;(B)
Transfer state-owned real property;(C)
Exchange state-owned real property;(D)
Sell or otherwise dispose of state-owned real property subject to any procedures and limitations applicable to the state public entity to sell or otherwise dispose of property;(E)
Enter into an agreement for easements or deed restrictions concerning state-owned real property; and(F)
Enter into a lease agreement concerning state-owned real property.(IV)
Use requests for information to solicit public projects that provide affordable housing and establish policies concerning a request for information process.(b)
As used in this subsection (2.2), unless the context otherwise requires:(I)
“Public project that provides affordable housing” means a public project that includes housing proportional to a community’s demonstrated affordable housing needs and may include mixed-use development. The percentage of income-restricted units and affordability levels in such a public project must comply with any local laws promoting the development of new affordable housing units pursuant to section 29-20-104 (1)(e.5).(II)
“State-owned real property” has the same meaning as “real property” as set forth in section 24-30-1301 (15).(3)
Repealed.(4)
Any issuance or incurrence of financial obligations under this article 94 must comply with section 24-36-121.
Source:
Section 24-94-103 — Public-private partnerships - oversight of state public entities in the executive branch of state government - definition - repeal, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf (accessed Oct. 20, 2023).
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