§ 30-280. Submission by responsible public entities of detailed proposals forqualifying projects; exclusion of certain qualifying projects; review ofdetailed proposals; copies of interim and comprehensive agreements to beprovided.
A. Each responsible public entity receiving detailed proposals from privateentities for a qualifying project shall provide copies of such proposals tothe Chairman of the Commission, the chairmen of the House Committee onAppropriations, House Committee on Appropriations, House Committee on Financeor their designees, and the Director of the Department of General Servicesprior to entering into the negotiation of an interim or comprehensiveagreement.
B. The following qualifying projects shall not be subject to review by theCommission:
1. Any proposed qualifying project with a total cost of less than $3 million.
2. Any proposed qualifying project with a total cost of more than $3 millionbut less than $50 million for which funds have been specifically appropriatedas a public-private partnership in the general appropriation act or capitalconstruction projects that have been authorized in the appropriation act,provided such project does not increase in size more than five percent beyondthe plans and justifications that were the basis of the appropriation. Forany qualifying project that will be completed in phases and for which noappropriation has been made for phases other than the current phase of theproject, the Commission may undertake additional reviews of such projects.
C. Within 10 days of receipt of a complete copy of the detailed proposals fora qualifying project, the Commission shall determine whether to accept ordecline such proposals for review and notify the responsible public entity ofits decision. If the Commission accepts a proposal for review, the findingsand recommendations of the Commission shall be provided to the responsiblepublic entity within 45 days of receiving complete copies of the detailedproposals. If no findings or recommendations are provided by the Commissionto the responsible public entity within the 45-day period, the Commissionshall be deemed to have no findings or recommendations. Upon acceptance forreview, the responsible public entity shall provide any additionalinformation regarding the qualifying project upon the request of theCommission, provided such information is available to or can be obtained bythe responsible public entity.
D. The Commission shall review accepted detailed proposals and providefindings and recommendations to the responsible public entity, including (i)whether the terms and conditions of the proposals and proposed qualifyingproject create state tax-supported debt taking into consideration thespecific findings of the Secretary of Finance with respect to suchrecommendation, (ii) an analysis of the potential financial impact of thequalifying project, (iii) a review of the policy aspects of the detailedproposals and the qualifying project, and (iv) proposed general businessterms and conditions. Review by the Commission shall not be construed toconstitute approval of any appropriations necessary to implement anysubsequent interim or comprehensive agreement.
E. The responsible public entity shall not commence negotiation of an interimor comprehensive agreement until the Commission has submitted itsrecommendations or declined to accept the detailed proposals for review.
F. The responsible public entity shall submit a copy of the proposed interimor comprehensive agreement to the Commission, the chairmen of the HouseCommittee on Appropriations, House Committee on Finance, and Senate Committeeon Finance or their designees, and the Director of the Department of GeneralServices at least 30 days prior to execution of the agreement along with areport describing the extent to which the Commission's recommendations wereaddressed in the proposed interim or comprehensive agreement.
§ 30-280. Submission by responsible public entities of detailed proposals forqualifying projects; exclusion of certain qualifying projects; review ofdetailed proposals; copies of interim and comprehensive agreements to beprovided.
A. Each responsible public entity receiving detailed proposals from privateentities for a qualifying project shall provide copies of such proposals tothe Chairman of the Commission, the chairmen of the House Committee onAppropriations, House Committee on Appropriations, House Committee on Financeor their designees, and the Director of the Department of General Servicesprior to entering into the negotiation of an interim or comprehensiveagreement.
B. The following qualifying projects shall not be subject to review by theCommission:
1. Any proposed qualifying project with a total cost of less than $3 million.
2. Any proposed qualifying project with a total cost of more than $3 millionbut less than $50 million for which funds have been specifically appropriatedas a public-private partnership in the general appropriation act or capitalconstruction projects that have been authorized in the appropriation act,provided such project does not increase in size more than five percent beyondthe plans and justifications that were the basis of the appropriation. Forany qualifying project that will be completed in phases and for which noappropriation has been made for phases other than the current phase of theproject, the Commission may undertake additional reviews of such projects.
C. Within 10 days of receipt of a complete copy of the detailed proposals fora qualifying project, the Commission shall determine whether to accept ordecline such proposals for review and notify the responsible public entity ofits decision. If the Commission accepts a proposal for review, the findingsand recommendations of the Commission shall be provided to the responsiblepublic entity within 45 days of receiving complete copies of the detailedproposals. If no findings or recommendations are provided by the Commissionto the responsible public entity within the 45-day period, the Commissionshall be deemed to have no findings or recommendations. Upon acceptance forreview, the responsible public entity shall provide any additionalinformation regarding the qualifying project upon the request of theCommission, provided such information is available to or can be obtained bythe responsible public entity.
D. The Commission shall review accepted detailed proposals and providefindings and recommendations to the responsible public entity, including (i)whether the terms and conditions of the proposals and proposed qualifyingproject create state tax-supported debt taking into consideration thespecific findings of the Secretary of Finance with respect to suchrecommendation, (ii) an analysis of the potential financial impact of thequalifying project, (iii) a review of the policy aspects of the detailedproposals and the qualifying project, and (iv) proposed general businessterms and conditions. Review by the Commission shall not be construed toconstitute approval of any appropriations necessary to implement anysubsequent interim or comprehensive agreement.
E. The responsible public entity shall not commence negotiation of an interimor comprehensive agreement until the Commission has submitted itsrecommendations or declined to accept the detailed proposals for review.
F. The responsible public entity shall submit a copy of the proposed interimor comprehensive agreement to the Commission, the chairmen of the HouseCommittee on Appropriations, House Committee on Finance, and Senate Committeeon Finance or their designees, and the Director of the Department of GeneralServices at least 30 days prior to execution of the agreement along with areport describing the extent to which the Commission's recommendations wereaddressed in the proposed interim or comprehensive agreement.
§ 30-280. Submission by responsible public entities of detailed proposals forqualifying projects; exclusion of certain qualifying projects; review ofdetailed proposals; copies of interim and comprehensive agreements to beprovided.
A. Each responsible public entity receiving detailed proposals from privateentities for a qualifying project shall provide copies of such proposals tothe Chairman of the Commission, the chairmen of the House Committee onAppropriations, House Committee on Appropriations, House Committee on Financeor their designees, and the Director of the Department of General Servicesprior to entering into the negotiation of an interim or comprehensiveagreement.
B. The following qualifying projects shall not be subject to review by theCommission:
1. Any proposed qualifying project with a total cost of less than $3 million.
2. Any proposed qualifying project with a total cost of more than $3 millionbut less than $50 million for which funds have been specifically appropriatedas a public-private partnership in the general appropriation act or capitalconstruction projects that have been authorized in the appropriation act,provided such project does not increase in size more than five percent beyondthe plans and justifications that were the basis of the appropriation. Forany qualifying project that will be completed in phases and for which noappropriation has been made for phases other than the current phase of theproject, the Commission may undertake additional reviews of such projects.
C. Within 10 days of receipt of a complete copy of the detailed proposals fora qualifying project, the Commission shall determine whether to accept ordecline such proposals for review and notify the responsible public entity ofits decision. If the Commission accepts a proposal for review, the findingsand recommendations of the Commission shall be provided to the responsiblepublic entity within 45 days of receiving complete copies of the detailedproposals. If no findings or recommendations are provided by the Commissionto the responsible public entity within the 45-day period, the Commissionshall be deemed to have no findings or recommendations. Upon acceptance forreview, the responsible public entity shall provide any additionalinformation regarding the qualifying project upon the request of theCommission, provided such information is available to or can be obtained bythe responsible public entity.
D. The Commission shall review accepted detailed proposals and providefindings and recommendations to the responsible public entity, including (i)whether the terms and conditions of the proposals and proposed qualifyingproject create state tax-supported debt taking into consideration thespecific findings of the Secretary of Finance with respect to suchrecommendation, (ii) an analysis of the potential financial impact of thequalifying project, (iii) a review of the policy aspects of the detailedproposals and the qualifying project, and (iv) proposed general businessterms and conditions. Review by the Commission shall not be construed toconstitute approval of any appropriations necessary to implement anysubsequent interim or comprehensive agreement.
E. The responsible public entity shall not commence negotiation of an interimor comprehensive agreement until the Commission has submitted itsrecommendations or declined to accept the detailed proposals for review.
F. The responsible public entity shall submit a copy of the proposed interimor comprehensive agreement to the Commission, the chairmen of the HouseCommittee on Appropriations, House Committee on Finance, and Senate Committeeon Finance or their designees, and the Director of the Department of GeneralServices at least 30 days prior to execution of the agreement along with areport describing the extent to which the Commission's recommendations wereaddressed in the proposed interim or comprehensive agreement.
