7 LONG TITLE
8 Committee Note:
9 The Economic Development and Workforce Services Interim Committee recommended
10 this bill.
11 Legislative Vote: 10 voting for 0 voting against 6 absent
12 General Description:
13 This bill modifies provisions relating to public-private partnerships.
14 Highlighted Provisions:
15 This bill:
16 ▸ eliminates a repeal date for the Public-private Partnerships Act;
17 ▸ eliminates a provision limiting the length of term of a contract with a public-private
18 partnership facilitator;
19 ▸ modifies provisions relating to the functions and responsibilities of the facilitator;
20 ▸ allows the Governor's Office of Economic Opportunity to perform facilitator
21 functions and responsibilities itself or to contract with another person to perform
22 those functions and responsibilities;
23 ▸ requires the Governor's Office of Economic Opportunity to provide an annual report
24 to the Economic Development and Workforce Services Interim Committee on the
25 facilitator's work;
26 ▸ encourages government entities to use the services of the facilitator in considering
27 public-private partnerships; and
28 ▸ makes technical changes.
29 Money Appropriated in this Bill:
31 Other Special Clauses:
33 Utah Code Sections Affected:
35 63I-2-263, as last amended by Laws of Utah 2021, First Special Session, Chapter 4
36 63N-13-302, as enacted by Laws of Utah 2020, Chapter 446
37 63N-13-303, as last amended by Laws of Utah 2021, Chapter 414
38 63N-13-304, as enacted by Laws of Utah 2020, Chapter 446
39 63N-13-305, as enacted by Laws of Utah 2020, Chapter 446
40 63N-13-306, as enacted by Laws of Utah 2020, Chapter 446
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 63I-2-263 is amended to read:
44 63I-2-263. Repeal dates, Title 63A to Title 63N.
49 Commission is repealed July 1, 2023.
52 repealed on July 1, 2022:
53 (a) Section 63G-1-801;
54 (b) Section 63G-1-802;
55 (c) Section 63G-1-803; and
56 (d) Section 63G-1-804.
65 Section 2. Section 63N-13-302 is amended to read:
66 63N-13-302. Definitions.
67 As used in this part:
68 (1) "Facilitator" means:
69 (a) the office, if the office chooses to perform itself the functions and responsibilities
70 described in Section 63N-13-304; or
71 (b) a person engaged by the office to perform the functions and responsibilities
72 described in Section 63N-13-304, if the office chooses to have those functions and
73 responsibilities performed by a person other than the office.
74 (2) "Government entity" means:
75 (a) the state or any department, division, agency, or other instrumentality of the state;
77 (b) a political subdivision of the state.
78 (3) "Public-private partnership" means an arrangement or agreement between a
79 government entity and one or more private persons to fund and provide for a public need
80 through the development or operation of a public project in which the private person or persons
81 share with the government entity the responsibility or risk of developing, owning, maintaining,
82 financing, or operating the project.
83 Section 3. Section 63N-13-303 is amended to read:
84 63N-13-303. Contract with facilitator.
85 (1) [
86 responsibilities described in Section 63N-13-304 performed by a person other than the office,
87 the office shall, within legislative appropriations, enter into a contract with a nonprofit entity or
88 government entity [
89 proposals process under Title 63G, Chapter 6a, Utah Procurement Code, [
94 includes a conflict-of-interest provision prohibiting the facilitator, or a principal, officer, or
95 employee of the facilitator, from receiving a direct or indirect financial benefit from any
96 public-private partnership that results from the facilitator's work under the contract.
97 Section 4. Section 63N-13-304 is amended to read:
98 63N-13-304. Functions and responsibilities of facilitator.
100 (1) A facilitator shall:
102 the state for:
104 public-private partnership; and
106 state through a public-private partnership;
108 interest in seeking to fill a public need through a public-private partnership;
110 opportunities in public projects in the state through a public-private partnership;
112 through a public-private partnership with private persons seeking investment opportunities in
113 public projects through a public-private partnership;
115 government entities who request the facilitator's assistance in establishing a public-private
116 partnership; [
117 (f) provide a website with information:
118 (i) about the process for pursuing, developing, and implementing a public-private
119 partnership in the state; and
120 (ii) to help government entities and persons seeking investment opportunities through
121 public-private partnerships in the state to understand available public-private partnership
122 opportunities; and
123 (g) through promotional, informational, and other activities, work to help move the
124 state to the forefront throughout the country in the area of private participation in public
125 infrastructure development through public-private partnerships.
126 (2) If the office chooses to have the functions and responsibilities described in
127 Subsection (1) performed by a person other than the office, the office shall include in a contract
128 with that person provisions requiring the person to perform the functions and responsibilities
129 described in Subsection (1).
132 (a) to enhance the statutory framework for the establishment of public-private
133 partnerships for public infrastructure projects; and
134 (b) with the goal of moving the state to the forefront throughout the country in the area
135 of private participation in public infrastructure development through public-private
137 Section 5. Section 63N-13-305 is amended to read:
138 63N-13-305. Office oversight over contract performance of facilitator -- Office
139 reports to Legislature.
140 (1) The office shall monitor and oversee a facilitator's performance under a contract
141 under Section 63N-13-303 to ensure that the facilitator is fulfilling the requirements of Section
143 (2) Before November 15 of each year, the office shall provide an annual report to the
144 Economic Development and Workforce Services Interim Committee of the facilitator's
145 activities under this part.
146 Section 6. Section 63N-13-306 is amended to read:
147 63N-13-306. Limits on application of this part.
148 (1) Nothing in this part:
150 filling a public need through a public-private partnership; or
154 project through a public-private partnership.
155 (2) A government entity anticipating the possibility of entering a public-private
156 partnership is encouraged to consult with and take advantage of the expertise of the facilitator
157 as the government entity determines:
158 (a) whether to enter the public-private partnership; and
159 (b) the best way to structure the public-private partnership.