(a) As used in this section and sections 4-256 to 4-263, inclusive, unless the context indicates a different meaning:
(1) “State agency” or “agency” means any office, department, board, council, commission, institution or other agency in the executive branch of state government or a quasi-public agency as defined in section 1-120;
(2) “Private entity” means any individual, corporation, general partnership, limited partnership, limited liability partnership, joint venture, nonprofit organization or other business entity;
(3) “Public-private partnership” means the relationship established between a state agency and a private entity by contracting for the performance of any combination of specified functions or responsibilities to design, develop, finance, construct, operate or maintain one or more state facilities where the agency has estimated that the revenue generated by such facility or facilities, in combination with other previously identified funding sources, including any appropriated funds, will be sufficient to fund the cost to develop, maintain and operate such facility or facilities, provided state support of a partnership agreement shall not exceed twenty-five per cent of the cost of the project;
(4) “Partnership agreement” means an agreement executed between a state agency and a private entity to establish a public-private partnership;
(5) “Project” means a project that an agency has submitted to the Governor for approval as a public-private partnership;
(6) “Contractor” means a private entity that has entered into a public-private partnership agreement with a state agency;
(7) “Facility” means any public works or transportation project used as public infrastructure that generates revenue as a function of its operation; and
(8) “Proposer” means a private entity submitting a competitive bid in response to solicitation or a proposal in response to a request for proposals for an approved project for consideration.
(b) Notwithstanding the provisions of section 4b-51, once the project is approved by the Governor in accordance with section 4-256, any state agency may establish one or more public-private partnerships and execute a partnership agreement for a project in accordance with this section and sections 4-256 to 4-263, inclusive. A partnership agreement may not be established for the operation or maintenance of a facility unless such agreement also provides for the financing and development of such facility.
(c) The design, development, operation or maintenance of the following new or existing project types are eligible for consideration as a public-private partnership if approved as a project in accordance with section 4-256:
(1) Early childcare, educational, health or housing facilities;
(2) Transportation systems, including ports, transit-oriented development and related infrastructure; and
(3) Any other kind of facility that may from time to time be designated as such by an act of the General Assembly.
(Oct. Sp. Sess. P.A. 11-1, S. 80.)
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011.