Amendments for SB22-130

Senate Journal, March 3
After consideration on the merits, the Committee recommends that SB22-130 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 7, after line 1 insert:

"24-94-105. Public-private partnership subcommittee review-
contract - lease - sale of state property. (1) EXCEPT AS OTHERWISE PROVIDED
IN SUBSECTION (2) OF THIS SECTION OR GRANTED BY LAW, A STATE PUBLIC
ENTITY THAT INTENDS TO ENTER INTO A CONTRACT, SALE, OR LEASE OF STATE
PROPERTY PURSUANT TO SECTION 24-82-102.5 OR 24-94-104 ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL SUBMIT THE PROPOSED CONTRACT,
SALE, OR LEASE OF STATE PROPERTY TO THE PUBLIC-PRIVATE PARTNERSHIP
SUBCOMMITTEE OF THE COLORADO ECONOMIC DEVELOPMENT COMMISSION
CRATED IN SECTION 24-46-102 (5) FOR THE SUBCOMMITTEE'S REVIEW BEFORE
ENTERING INTO THE CONTRACT, SALE, OR LEASE OF STATE PROPERTY. THE
STATE PUBLIC ENTITY, IN COORDINATION WITH THE COLORADO ECONOMIC
DEVELOPMENT COMMISSION STAFF, SHALL SUBMIT A REPORT TO THE
SUBCOMMITTEE REGARDING THE ANTICIPATED USE OF THE STATE PROPERTY.
THE SUBCOMMITTEE SHALL REVIEW THE REPORT AND MAKE ANY
RECOMMENDATIONS IT DEEMS NECESSARY TO THE STATE PUBLIC ENTITY. THE
STATE PUBLIC ENTITY MUST CONSIDER THE SUBCOMMITTEE'S
RECOMMENDATIONS, BUT THE STATE PUBLIC ENTITY IS NOT REQUIRED TO
INCORPORATE ANY OF THE SUBCOMMITTEE'S RECOMMENDATIONS INTO THE
PROPOSED CONTRACT, SALE, OR LEASE OF STATE PROPERTY.
(2) SUBSECTION (1) OF THIS SECTION DOES NOT APPLY TO A STATE
PUBLIC ENTITY THAT INTENDS TO ENTER INTO A NEW CONTRACT, SALE, OR
LEASE OF STATE PROPERTY PURSUANT TO SECTION 24-82-102.5 OF 24-92-104
WITH EXISTING PRIVATE PARTNERS.".

Renumber succeeding C.R.S. sections accordingly.
Page 8, after line 3 insert:

"SECTION 2. In Colorado Revised Statutes, 24-46-102, add (5) as
follows:
24-46-102. Colorado economic development commission - creation
- membership - definition. (5) BEGINNING ON SEPTEMBER 1, 2022, THE
COMMISSION SHALL ESTABLISH A PUBLIC-PRIVATE PARTNERSHIP SUBCOMMITTEE
TO REVIEW PROPOSED CONTRACTS, SALES, AND LEASES OF STATE PROPERTY AS
SPECIFIED IN SECTION 24-94-105. THE SUBCOMMITTEE CONSISTS OF AT LEAST
THREE MEMBERS OF THE COMMISSION SELECTED BY THE COMMISSION. AT NO
TIME SHALL ALL OF THE MEMBERS OF THE SUBCOMMITTEE BE APPOINTEES FROM
THE SAME APPOINTING AUTHORITY.".

Renumber succeeding section accordingly.



Senate Journal, April 1
After consideration on the merits, the Committee recommends that SB22-130 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Strike the Business, Labor, & Technology Committee Report, dated March 2,
2022.

Amend printed bill, strike everything below the enacting clause and substitute:

"SECTION 1. In Colorado Revised Statutes, add article 94 to title 24
as follows:
ARTICLE 94
Public-private Partnerships for State Public Entities
24-94-101. Legislative declaration. (1) THE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT:
(a) PUBLIC-PRIVATE PARTNERSHIPS ARE AN EFFECTIVE TOOL TO
LEVERAGE THE EXPERTISE AND RESOURCES OF BOTH THE PUBLIC AND PRIVATE
SECTORS TO ACCOMMODATE MULTIFACETED SOCIAL INFRASTRUCTURE AND
OPERATIONAL NEEDS;
(b) PUBLIC-PRIVATE PARTNERSHIPS HAVE A PROVEN TRACK RECORD OF
ENABLING PUBLIC PROJECTS TO BE COMPLETED ON TIME AND AT A LOWER COST
THAN EITHER THE PUBLIC OR PRIVATE SECTORS ARE ABLE TO ACHIEVE ALONE;
(c) DELIVERING PUBLIC PROJECTS THROUGH PUBLIC-PRIVATE
PARTNERSHIPS IS AN EFFECTIVE MODEL TO ACCOMMODATE SOME OF OUR
STATE'S MOST PRESSING AND FOUNDATIONAL NEEDS, SUCH AS INCREASED
BEHAVIORAL HEALTH CAPACITY, BROADBAND DEPLOYMENT, AFFORDABLE
HOUSING DEVELOPMENT, AND CHILD CARE SERVICES;
(d) THE COVID-19 PANDEMIC FORCED THE CLOSURE OF MANY CHILD
CARE FACILITIES AND CLASSROOMS, EXACERBATING A CHILD CARE SHORTAGE
THAT FORCED MANY PARENTS TO COMPROMISE BETWEEN WORK AND FAMILY
LIFE; AND
(e) COLORADO FAMILIES HAVE LONG STRUGGLED WITH THE COST OF
CHILD CARE AND IT REMAINS ONE OF THE PRIMARY BARRIERS TO FULL
PARTICIPATION IN THE WORKFORCE.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT IT IS
THE INTENT OF THIS ARTICLE 94 TO PERMIT STATE PUBLIC ENTITIES TO ENTER
INTO PUBLIC-PRIVATE PARTNERSHIPS TO:
(a) DEVELOP, BUILD, FINANCE, OPERATE, AND MAINTAIN QUALITY,
COST-EFFECTIVE PUBLIC PROJECTS THAT PROVIDE ECONOMIC AND SOCIAL
VALUE;
(b) PROVIDE A WELL-DEFINED AND TRANSPARENT PROCESS TO
FACILITATE COLLABORATION BETWEEN STATE PUBLIC ENTITIES AND PRIVATE
PARTNERS WHILE ENABLING ACCESS TO PRIVATE CAPITAL;
(c) BRING INNOVATIVE THINKING AND APPROACHES TO PUBLIC
PROJECTS;
(d) REDUCE TOTAL LIFE-CYCLE COSTS OF PUBLIC PROJECTS; AND
(e) ALLOW FOR COST, RISK, AND BENEFIT SHARING BETWEEN PUBLIC
AND PRIVATE PARTNERS.
24-94-102. Definitions. AS USED IN THIS ARTICLE 94, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "DEPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL.
(2) "DEVELOP" MEANS TO PLAN, DESIGN, DEVELOP, BUILD, ESTABLISH,
FINANCE, LEASE, ACQUIRE, INSTALL, CONSTRUCT, RECONSTRUCT, OR EXPAND A
PUBLIC PROJECT.
(3) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF PERSONNEL OR THE EXECUTIVE DIRECTOR'S DESIGNEE.
(4) "FINANCE" MEANS THE SUPPLY BY A PRIVATE PARTNER OF
RESOURCES TO ACCOMPLISH ALL OR ANY PART OF THE WORK OR SERVICES FOR
A PUBLIC PROJECT, INCLUDING FUNDS, FINANCING, INCOME, REVENUE, COST
SHARING, TECHNOLOGY, PERSONNEL, EQUIPMENT, EXPERTISE, DATA, OR
ENGINEERING, CONSTRUCTION, OR MAINTENANCE SERVICES.
(5) "OPERATE" MEANS TO FINANCE, OPERATE, MAINTAIN, IMPROVE,
EQUIP, MODIFY, REPAIR, OR ADMINISTER A PUBLIC PROJECT.
(6) "PRIVATE PARTNER" MEANS ANY NATURAL PERSON, CORPORATION,
GENERAL PARTNERSHIP, LIMITED LIABILITY COMPANY, LIMITED PARTNERSHIP,
JOINT VENTURE, BUSINESS TRUST, PUBLIC BENEFIT CORPORATION, NONPROFIT
ENTITY, LOCAL GOVERNMENT, OTHER PRIVATE BUSINESS ENTITY, OR ANY
COMBINATION THEREOF.
(7) "PUBLIC-PRIVATE AGREEMENT" MEANS ANY AGREEMENT BETWEEN
ONE OR MORE PRIVATE PARTNERS AND ONE OR MORE STATE PUBLIC ENTITIES
THAT CONTRACTUALLY PROVIDES FOR THE RESPONSIBILITIES OF ALL PARTIES IN
NEGOTIATING, DEVELOPING, OR OPERATING ANY ASPECT OF A PROPOSED OR
APPROVED PUBLIC PROJECT OR FINANCED PURCHASED OF AN ASSET.
"PUBLIC-PRIVATE AGREEMENT" DOES NOT MEAN A GRANT OR INCENTIVE
PROGRAM ESTABLISHED IN ANOTHER PROVISION OF LAW OR AN AGREEMENT
APPROVED BY THE ECONOMIC DEVELOPMENT COMMISSION PURSUANT TO PARTS
1 AND 3 OF ARTICLE 46 OF THIS TITLE 24.
(8) "PUBLIC-PRIVATE PARTNERSHIP" MEANS AN AGREEMENT BETWEEN
ONE OR MORE STATE PUBLIC ENTITIES AND ONE OR MORE PRIVATE PARTNERS BY
WHICH A STATE PUBLIC ENTITY MAY TRANSFER RESPONSIBILITY OR RISK TO A
PRIVATE PARTNER TO DEVELOP OR OPERATE A PUBLIC PROJECT AND, IN RETURN,
THE PRIVATE PARTNER MAY RECEIVE THE RIGHT TO ALL OR A PORTION OF FEES
GENERATED BY THE PUBLIC PROJECT OR OTHER PUBLIC MONEY. A
PUBLIC-PRIVATE PARTNERSHIP DOES NOT CONFER ONTO THE RELATIONSHIP
FORMED ANY OF THE ATTRIBUTES OR INCIDENTS OF A PARTNERSHIP PURSUANT
TO SECTION 7-60-106 OR THE COMMON LAW. "PUBLIC-PRIVATE PARTNERSHIP"
DOES NOT MEAN ANY GRANT OR INCENTIVE PROGRAM ESTABLISHED BY
ANOTHER PROVISION OF LAW OR AGREEMENTS THAT ARE APPROVED BY THE
ECONOMIC DEVELOPMENT COMMISSION, INCLUDING BUT NOT LIMITED TO GRANT
OR INCENTIVE PROGRAMS DESCRIBED IN PARTS 1 AND 3 OF ARTICLE 46 OF THIS
TITLE 24.
(9) "PUBLIC PROJECT" MEANS ANY CONSTRUCTION, ALTERATION,
REPAIR, DEMOLITION, OR IMPROVEMENT OF ANY STATE-OWNED LAND, BUILDING,
STRUCTURE, FACILITY, ASSET, OR OTHER PUBLIC IMPROVEMENT SUITABLE FOR
AND INTENDED FOR USE IN THE PROMOTION OF THE PUBLIC HEALTH, WELFARE,
OR SAFETY, AND ANY MAINTENANCE PROGRAMS FOR THE UPKEEP OF SUCH
PROJECTS SUBJECT TO PART 2 OF ARTICLE 92 OF THIS TITLE 24. "PUBLIC
PROJECT" INCLUDES BUT IS NOT LIMITED TO A PROJECT FOR CIVIC, CHILD CARE,
MEDICAL, UTILITY, TELECOMMUNICATION, CULTURAL, RECREATIONAL, OR
EDUCATIONAL FACILITIES OR SERVICES.
(10) "STATE PUBLIC ENTITY" MEANS ANY DEPARTMENT, AGENCY, OR
SUBDIVISION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT; EXCEPT THAT
"STATE PUBLIC ENTITY" DOES NOT INCLUDE STATE ENTITIES THAT HAVE
SPECIFIC STATUTORY AUTHORITY TO ENTER INTO PUBLIC-PRIVATE
PARTNERSHIPS, INCLUDING BUT NOT LIMITED TO THE AUTHORITY SPECIFIED IN
SECTIONS 23-3.1-301 (1), 23-3.1-306.5, 24-33.5-510, 26-6.9-102, 32-22-105
(1)(a) (VIII), 40-2-123, AND 43-4-806.
(11) "SUBCOMMITTEE" MEANS THE PUBLIC-PRIVATE PARTNERSHIP
SUBCOMMITTEE OF THE COLORADO ECONOMIC DEVELOPMENT COMMISSION
CREATED IN SECTION 24-46-102 (5).
(12) "UNIT" MEANS THE PUBLIC-PRIVATE COLLABORATION UNIT
CREATED IN SECTION 24-94-103 (2).
24-94-103. Public-private partnerships - oversight of state public
entities in the executive branch of state government. (1) WITHIN ONE YEAR
OF THE EFFECTIVE DATE OF THIS ARTICLE 94, 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 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; AND
(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.
(3) ANY ISSUANCE OR INCURRENCE OF FINANCIAL OBLIGATIONS UNDER
THIS ARTICLE 94 MUST COMPLY WITH SECTION 24-36-121.
24-94-104. State public entity agreements - public-private
partnership. (1) A STATE PUBLIC ENTITY IS AUTHORIZED, EITHER SEPARATELY
OR IN COMBINATION WITH ANY OTHER STATE PUBLIC ENTITY, TO INITIATE
SOLICITATIONS, REVIEW ANY PRIVATE PARTNER-INITIATED PROPOSALS, EXECUTE
PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS, OR EXECUTE PUBLIC-PRIVATE
AGREEMENTS TO DEVELOP OR OPERATE A PUBLIC PROJECT SUBJECT TO THE
REQUIREMENTS OF THIS ARTICLE 94.
(2) SUBJECT TO SUBSECTION (5) OF THIS SECTION, ANY STATE PUBLIC
ENTITY MUST OBTAIN APPROVALS FROM THE EXECUTIVE DIRECTOR IN THE TIME
AND MANNER DETERMINED BY THE EXECUTIVE DIRECTOR PURSUANT TO
SECTIONS 24-94-103(1)(a) AND (1)(b).
(3) ANY PUBLIC-PRIVATE AGREEMENT ENTERED INTO PURSUANT TO
SUBSECTION (1) OF THIS SECTION MUST COMPLY WITH APPLICABLE STATE LAWS
AND PROCESSES DEVELOPED BY THE EXECUTIVE DIRECTOR PURSUANT TO
SECTION 24-94-103(1)(a) AND 24-94-103 (1)(b).
(4) SUBJECT TO SUBSECTION (2) OF THIS SECTION, STATE PUBLIC
ENTITIES MAY REVIEW ANY PRIVATE PARTNER-INITIATED PROPOSALS BUT NEED
NOT RESPOND TO SUCH PROPOSALS.
(5) NOTHING IN THIS ARTICLE 94 SHALL BE CONSTRUED TO PROHIBIT,
LIMIT, OR OTHERWISE MODIFY THE SPECIFIC STATUTORY AUTHORITY OF STATE
PUBLIC ENTITIES, INCLUDING BUT NOT LIMITED TO THE AUTHORITY SPECIFIED IN
SECTIONS 23-3.1-301 (1), 23-3.1-306.5, 23-5-101.7, 24-33.5-510, 24-36-121,
26-6.9-102, 32-22-105 (1)(a)(VIII), 33-1-105(1), 33-10-107(1), 36-1-118(1),
40-2-123, AND 43-4-806, AND THE AUTHORITY SPECIFIED IN PARTS 1 AND 3 OF
ARTICLE 46 OF THIS TITLE 24 AND PARTS 8 AND 13 OF ARTICLE 82 OF THIS TITLE
24, TO ENTER INTO A PUBLIC-PRIVATE PARTNERSHIP, A PUBLIC-PRIVATE
AGREEMENT, OR OTHER AGREEMENT, OR TO UTILIZE A STATUTORY MECHANISM
AS AUTHORIZED BY ANY OTHER PROVISION OF LAW.
24-94-105. Public-private partnership subcommittee - contract
review - lease - sale of state property. (1) EXCEPT AS OTHERWISE PROVIDED
IN SUBSECTION (2) OF THIS SECTION, A STATE PUBLIC ENTITY THAT INTENDS TO
ENTER INTO A CONTRACT, SALE, OR LEASE OF STATE PROPERTY PURSUANT TO
SECTION 24-82-102.5 OR 24-94-104 ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION SHALL SUBMIT THE PROPOSED CONTRACT, SALE, OR LEASE OF STATE
PROPERTY TO THE PUBLIC-PRIVATE PARTNERSHIP SUBCOMMITTEE CREATED IN
SECTION 24-46-102 (5) FOR THE SUBCOMMITTEE'S REVIEW BEFORE ENTERING
INTO THE CONTRACT, SALE, OR LEASE OF STATE PROPERTY. THE STATE PUBLIC
ENTITY, IN COORDINATION WITH THE COLORADO ECONOMIC DEVELOPMENT
COMMISSION STAFF, SHALL SUBMIT A REPORT TO THE SUBCOMMITTEE
REGARDING THE ANTICIPATED USE OF THE STATE PROPERTY IN A TIME AND
MANNER ESTABLISHED BY THE SUBCOMMITTEE. THE SUBCOMMITTEE SHALL
REVIEW THE REPORT AND MAKE ANY RECOMMENDATIONS IT DEEMS NECESSARY
TO THE STATE PUBLIC ENTITY. THE STATE PUBLIC ENTITY MUST CONSIDER THE
SUBCOMMITTEE'S RECOMMENDATIONS, BUT NEED NOT INCORPORATE OR ADOPT
ANY OF THE RECOMMENDATIONS.
(2) SUBSECTION (1) OF THIS SECTION DOES NOT APPLY TO A STATE
PUBLIC ENTITY THAT INTENDS TO ENTER INTO A NEW CONTRACT, SALE, OR
LEASE OF STATE PROPERTY PURSUANT TO SECTION 24-82-102.5 OR 24-92-104
WITH EXISTING PRIVATE PARTNERS.
SECTION 2. In Colorado Revised Statutes, 24-46-102, add (5) as
follows:
24-46-102. Colorado economic development commission - creation
- membership - definition. (5) BEGINNING ON SEPTEMBER 1, 2022, THE
ECONOMIC DEVELOPMENT COMMISSION SHALL ESTABLISH A PUBLIC-PRIVATE
PARTNERSHIP SUBCOMMITTEE TO REVIEW PROPOSED CONTRACTS, SALES, AND
LEASES OF STATE PROPERTY AS SPECIFIED IN SECTION 24-94-105. THE
SUBCOMMITTEE CONSISTS OF AT LEAST THREE MEMBERS OF THE COMMISSION AS
SELECTED BY THE COMMISSION. AT NO TIME SHALL ALL OF THE MEMBERS OF
THE SUBCOMMITTEE BE APPOINTEES FROM THE SAME APPOINTING AUTHORITY.
SECTION 3. In Colorado Revised Statutes, 24-101-105, amend
(1)(a)(XIV) and (1)(a)(XV); and add (1)(a)(XVI) as follows:
24-101-105. Application of this code. (1) (a) This code shall apply to
all publicly funded contracts entered into by all governmental bodies of the
executive branch of this state; except that this code shall not apply to:
(XIV) Annuities; and
(XV) Real property or interest in real property; AND
(XVI) PUBLIC-PRIVATE PARTNERSHIPS AUTHORIZED BY PART 1 OF
ARTICLE 94 OF THIS TITLE 24.
SECTION 4. In Colorado Revised Statutes, 24-82-102.5, amend
(2)(c), (4)(d), and (5) as follows:
24-82-102.5. Unused state-owned real property - cash fund -
legislative declaration - definitions. (2) As used in this section, unless the
context otherwise requires:
(c) "Unused state-owned real property" means state-owned real property
IDENTIFIED IN THE INVENTORY LIST MAINTAINED ON THE DEPARTMENT'S
WEBSITE PURSUANT TO SUBSECTION (3) OF THIS SECTION, THAT IS NOT BEING
USED AT ITS OPTIMAL OR BEST USE, THAT IS owned by or under the control of a
state agency, not including the division of parks and wildlife in the department
of natural resources and not including the state board of land commissioners or
any state institution of higher education as defined in section 24-30-1301 (18),
AND that is not otherwise protected for or dedicated to another use such as an
access or a conservation easement.
(4) (d) The department may enter into contracts with qualified
developers for proposals to construct affordable housing, child care facilities,
public school facilities, or residential mental and behavioral health care
facilities, or to place renewable energy facilities on unused state-owned real
property that the department has deemed suitable under subsection (4)(a) of this
section, subject to available appropriations. Budget requests under this section
must be made through the process established in section 24-37-304 (1)(c.3).
except that budget requests under this section may not be made through a
request for a supplemental appropriation. Notwithstanding section 24-82-102
(2)(a), contracts between the state and qualified developers may not require
improvements constructed on state property for the purposes of this section to
become the property of the state upon termination of a lease for such property.
(5) (a) The unused state-owned real property fund is hereby created in
the state treasury. Unless otherwise directed, the state treasurer shall credit all
proceeds from the sale, rent, or lease, including any leases entered into under
section 24-82-102 (2)(a), of unused state-owned real property AND ANY
REVENUE GENERATED FROM PUBLIC-PRIVATE AGREEMENTS PURSUANT TO
SECTION 24-94-103 to the fund. The fund also consists of any other money that
the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from
the deposit and investment of money in the unused state-owned real property
fund to the fund. Any unexpended and unencumbered money in the fund at the
end of a fiscal year remains in the fund. Subject to annual appropriation by the
general assembly, The department may expend money from the fund for
(c) (I) THE MONEY IN THE UNUSED STATE-OWNED REAL PROPERTY FUND
IS CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT FOR:
(A) The purposes set forth in this section, including for appraisals,
surveys, and property improvement, and for any operational costs to administer
this section; AND
(B) PUBLIC-PRIVATE AGREEMENTS, AS DEFINED IN SECTION 24-94-102
(7), AND ANY ASSOCIATED COSTS.
(II) THE GENERAL ASSEMBLY SHALL MAKE AN ANNUAL APPROPRIATION
FROM THE FUND TO THE DEPARTMENT FOR THE STANDARD OPERATING EXPENSES
OF THE PUBLIC-PRIVATE COLLABORATION UNIT CREATED IN SECTION 24-94-103
(2), INCLUDING PERSONAL SERVICES AND RELATED COSTS.
(d) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER FIFTEEN
MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND.
SECTION 5. Appropriation. (1) For the 2022-23 state fiscal year,
$406,683 is appropriated to the department of personnel. This appropriation is
from the unused state-owned real property fund created in section 24-82-102.5
(5)(a), C.R.S. To implement this act, the department may use this appropriation
as follows:
(a) $283,984 for personal services related to the public-private
collaboration unit, which amount is based on an assumption that the department
will require an additional 3.0 FTE;
(b) $22,650 for operating expenses related to the public-private
collaboration unit; and
(c) $100,049 for the purchase of legal services.
(2) For the 2022-23 state fiscal year, $100,049 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of personnel under subsection (1)(c) of this section and is
based on an assumption that the department of law will require an additional 0.6
FTE. To implement this act, the department of law may use this appropriation
to provide legal services for the department of personnel.
(3) For the 2022-23 state fiscal year, $88,713 is appropriated to the
department of law. This appropriation is from the general fund and is based on
an assumption that the department of law will require an additional 0.5 FTE. To
implement this act, the department of law may use this appropriation to provide
legal services to state agencies. SECTION 6. Safety
clause. The general assembly hereby finds, determines, and declares that this
act is necessary for the immediate preservation of the public peace, health, or
safety.".

Amend printed bill, page 1, line 102, strike "PROJECTS." and substitute
"PROJECTS, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".



House Journal, April 13
33 SB22-130 be amended as follows, and as so amended, be referred to
34 the Committee on Appropriations with favorable
35 recommendation:
36
37 Amend reengrossed bill, page 9, after line 26 insert:
38
39 "(3) FOR THE 2023-24 STATE FISCAL YEAR AND FOR EACH STATE
40 FISCAL YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL MAKE AN
41 APPROPRIATION FROM THE GENERAL FUND TO THE DEPARTMENT FOR THE
42 STANDARD OPERATING EXPENSES OF THE PUBLIC-PRIVATE
43 COLLABORATION UNIT CREATED IN SUBSECTION (2) OF THIS SECTION,
44 INCLUDING PERSONAL SERVICES AND RELATED COSTS.".
45
46 Renumber succeeding subsection accordingly.
47
48 Page 14, strike line 15 and substitute:
49
50 "(II) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
51 ASSEMBLY SHALL MAKE AN".
52
53

House Journal, April 26
20 SB22-130 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend reengrossed bill, page 13, strike lines 14 and 15 and substitute
25 "Budget requests under this section must be made through the process
26 established in section 24-37-304 (1)(c.3); except that budget requests".
27
28 Page 14, line 23, strike "$406,683" and substitute "$306,634".
29
30 Page 15, line 2, after "FTE;" insert "and".
31
32 Page 15, line 4, strike "unit; and" and substitute "unit.".
33
34 Page 15, strike line 5.
35
36 Page 15, line 6, strike "$100,049" and substitute "$49,285".
37
38 Page 15, lines 8 and 9, strike "under subsection (1)(c) of this section" and
39 substitute "from the unused state-owned real property fund created in
40 section 24-82-102.5 (5)(a), C.R.S.,".
41
42 Page 15, line 10, strike "0.6 FTE" and substitute "0.3 FTE".
43
44 Page 15, strike lines 13 through 17.
45
46

House Journal, April 26
49 Amendment No. 1, Appropriations Report, dated April 26, 2022, and
50 placed in member's bill file; Report also printed in House Journal,
51 April 26, 2022.
52
53 Amendment No. 2, Business Affairs & Labor Report, dated April 14,
54 2022, and placed in member’s bill file; Report also printed in House
55 Journal, April 14, 2022.
56
1 Amendment No. 3, by Representative McCluskie:
2
3 Amend reengrossed bill, page 5, strike lines 4 through 10 and substitute:
4
5 "(8) "PUBLIC-PRIVATE PARTNERSHIP" MEANS AN AGREEMENT
6 BETWEEN ONE OR MORE STATE PUBLIC ENTITIES AND ONE OR MORE
7 PRIVATE PARTNERS BY WHICH A STATE PUBLIC ENTITY MAY ALLOCATE
8 RESPONSIBILITY OR RISK TO A PRIVATE PARTNER TO DEVELOP OR OPERATE
9 A PUBLIC PROJECT AND, IN RETURN, THE PRIVATE PARTNER MAY RECEIVE
10 THE RIGHT TO ALL OR A PORTION OF FEES GENERATED BY THE PUBLIC
11 PROJECT, AVAILABILITY PAYMENTS MADE BY THE STATE PUBLIC ENTITY,
12 OTHER PUBLIC MONEY, OR ANY OTHER LEGALLY AVAILABLE
13 CONSIDERATION. A PUBLIC-PRIVATE PARTNERSHIP DOES".
14
15 Page 11, after line 25 insert:
16
17 "24-94-106. Report. (1) THE EXECUTIVE DIRECTOR OR THE
18 EXECUTIVE DIRECTOR'S DESIGNEE SHALL ANNUALLY REPORT ON THE
19 IMPLEMENTATION AND USE OF THIS ARTICLE 94 AT ITS PRESENTATION TO
20 ITS COMMITTEE OF REFERENCE AT A HEARING HELD PURSUANT TO SECTION
21 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR ACCOUNTABLE,
22 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT".
23 (2) THE REPORT PRESENTED PURSUANT TO SUBSECTION (1) OF THIS
24 SECTION SHALL INCLUDE:
25 (a) THE NUMBER OF PUBLIC-PRIVATE PARTNERSHIPS THAT WERE
26 EXECUTED TO DEVELOP OR OPERATE A PUBLIC PROJECT PURSUANT TO THIS
27 ARTICLE 94 DURING THE YEAR IN WHICH THE REPORT IS PRESENTED;
28 (b) THE PROJECT DELIVERY METHOD AND FINANCING METHOD OF
29 EACH PUBLIC-PRIVATE PARTNERSHIP SPECIFIED IN SUBSECTION (2)(a) OF
30 THIS SECTION; AND
31 (c) AN OVERVIEW OF THE IMPORTANT SOCIAL OR ECONOMIC
32 VALUE OF EACH PUBLIC-PRIVATE PARTNERSHIP SPECIFIED IN SUBSECTION
33 (2)(a) OF THIS SECTION.
34 (3) THE EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR'S
35 DESIGNEE SHALL ANNUALLY PROVIDE THE INFORMATION SPECIFIED IN
36 SUBSECTION (1) OF THIS SECTION TO THE JOINT BUDGET COMMITTEE.".
37
38 Amendment No. 4, by Representative McCluskie:
39
40 Amend reengrossed bill, page 2, after line 1 insert:
41
42 "SECTION 1. Department of labor and employment
43 authority to dispose of real property. (1) The state of Colorado, acting
44 by and through the division of employment and training in the department
45 of labor and employment, is authorized to dispose of real property with
21 46 the following legal description: "Lot 13, 14, 15, 16, 17, 18, 19, 20,
47 BLOCK 3 FRISCO TOWN SUB, County of Summit, State of Colorado.".
48 (2) The capital development committee, the state controller, and
49 the office of the state architect must approve all agreements relating to the
50 disposition of the real property prior to closing.
51 (3) The proceeds of the disposition of the real property described
52 in subsection (1) of this section must be credited to the employment
53 support fund created in section 8-77-109, Colorado Revised Statutes, to
54 be used for the future improvement of buildings used by the department
55 of labor and employment.".
56
1 Renumber succeeding sections accordingly.
2
3 As amended, ordered revised and placed on the Calendar for Third
4 Reading and Final Passage.
5