(a) As used in this section:
(1) “Commissioner” means the Commissioner of Transportation;
(2) “Secretary” means the Secretary of the Office of Policy and Management;
(3) “Public transportation facilities” means rail, busway and bus stations and associated improvements, including, but not limited to, parking;
(4) “Transit-oriented development” means the development of residential, commercial and employment centers within one-half mile or walking distance of public transportation facilities, including rail and bus rapid transit and services, that meet transit supportive standards for land uses, built environment densities and walkable environments, in order to facilitate and encourage the use of those services.
(b) Subject to the availability of funds, the commissioner may, with the approval of the secretary, participate in transit-oriented development projects to the extent that such projects result in the development or improvement of public transportation facilities. When the state solicits transit-oriented development proposals, the commissioner shall select the developer or developers through an open, competitive process. The commissioner may, with the approval of the secretary, waive competitive selection when (1) the developer is an abutting land owner or is the holder of a recorded, exercisable option to purchase an abutting property; (2) such property is essential to the project; and (3) the commissioner makes an express finding that (A) the cost to the state of any property transaction or provision of services does not exceed the fair market value of the property or services, and (B) the waiver is in the best interest of the state.
(c) No lease, sale or purchase of state land or facilities in connection with a project undertaken pursuant to the provisions of this section shall be valid without the approval of the Properties Review Board.
(d) The provisions of sections 3-14b, 4b-21 and 13b-20b to 13b-20n, inclusive, shall not apply to a project undertaken pursuant to the provisions of this section.
(June Sp. Sess. P.A. 07-7, S. 93; P.A. 16-151, S. 4.)
History: June Sp. Sess. P.A. 07-7 effective November 2, 2007; P.A. 16-151 amended Subsec. (b) by adding provision re when developer is holder of recorded, exercisable option to purchase abutting property in Subdiv. (1) and by making a technical change in Subdiv. (2), effective June 7, 2016.