§353-16.35  Development or expansion ofin-state correctional facilities.  (a)  Notwithstanding any other law tothe contrary, the governor, with the assistance of the director, may negotiatewith any person for the development or expansion of private in-statecorrectional facilities or public in-state turnkey correctional facilities toreduce prison overcrowding; provided that if an environmental assessment orenvironmental impact statement is required for a proposed site or for theexpansion of an existing correctional facility under section 343-5, thennotwithstanding the time periods specified for public review and comments undersection 343-5, the governor shall accept public comments for a period of sixtydays following public notification of either an environmental assessment or anenvironmental impact statement.

(b)  Any development or expansion proposalshall address the construction of the facility separate from the operation ofthe facility and shall consider and include:

(1)  The percentage of low, medium, and high securityinmates and the number of prison beds needed to incarcerate each of theforegoing classes of inmates;

(2)  The facility's impact on existing infrastructure,and an assessment of improvements and additions that will be necessary;

(3)  The facility's impact on available modes oftransportation, including airports, roads, and highways; and

(4)  A useful life costs analysis.

(c)  For the purposes of this section,"useful life costs" means an economic evaluation that compares alternatebuilding and operating methods and provides information on the design,construction methods, and materials to be used with respect to efficiency inbuilding maintenance and facilities operation. [L 1998, c 227, pt of §5;am L 2003, c 221, §1]