Title 22 — Public Property

This chapter shall be known and may be cited as the “Partnership for Public Facilities and Infrastructure Act”.

(1) The General Assembly finds that:(1) There is a public need for the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, and installation of public infrastructure and governmental facilities within the…

(1) As used in this chapter:(1) “Affected local jurisdiction” means:(A) A county, a city of the first class, a city of the second class, an incorporated town, or a school district in which all or a portion of a qualifying project is located; and(B) Any other local governmental en…

(a) This chapter:(1) Shall be liberally construed to effectuate its purpose; and(2) Is supplemental to all other powers conferred by law and does not restrict or limit any powers that a public entity has under any other law of this state. (1) Shall be liberally construed to effec…

This chapter does not apply to projects of the Arkansas Department of Transportation.

(a) Before issuing a request for proposals or an invitation for bids, a public entity shall:(1) Seek the advice and consent of the Building Authority Division and the Arkansas Development Finance Authority; and(2) Be designated as the responsible public entity for purposes of dev…

(a) A responsible public entity may issue a request for proposals or invitation for bids from private entities for the development of a qualifying project using the guidelines adopted under this chapter. (b) The responsible public entity may charge a reasonable, nonrefundable fee…

(a) A qualifying project shall be developed only after the responsible public entity has issued a request for proposals or invitation for bids under § 22-10-202(a). (b) (1) A private entity that intends to be considered for a qualifying project under subsection (a) of this sectio…

(a) A responsible public entity may issue a request for proposals or an invitation for bids for the development of a qualifying project if the responsible public entity determines that:(1) There is a public need for or benefit to be derived from the type of qualifying project bei…

(a) (1) A responsible public entity may enter into a comprehensive agreement only in accordance with this chapter.(2) A comprehensive agreement may include terms and conditions related to the procurement of services or materials related to the qualifying project. (1) A responsibl…

(a) Except as otherwise provided in this section, after a responsible public entity has selected the qualified respondent to a request for proposals or invitation for bids, the responsible public entity and the qualified respondent may negotiate an interim agreement that complies…

(a) If a responsible public entity and the qualified respondent have entered into an interim agreement, agree on the findings and conclusions stated in the interim agreement, and desire to proceed with the development of the qualifying project, the responsible public entity and q…

(a) (1) Financing of a qualifying project may be in the amounts and upon the terms and conditions stated in the interim agreement or the comprehensive agreement.(2) (A) A qualifying project may be financed by the qualified respondent or the responsible public entity, or both, and…

A responsible public entity may contract with a private entity for the delivery of services to be provided as part of a qualifying project in exchange for service payments or other consideration that the responsible public entity deems appropriate.

(a) (1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project.(2) The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed u…

(1) This chapter does not:(1) Waive the sovereign immunity of a public entity or the officers or employees of the public entity under state law; or(2) Extend a public entity's sovereign immunity to any private entity. (1) Waive the sovereign immunity of a public entity or the off…

(a) This chapter does not abrogate the obligation of a responsible public entity to comply with the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) (1) However, records that would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-1…

(a) The Building Authority Division shall:(1) Review each proposed qualifying project for compliance with the rules promulgated under this chapter;(2) If a proposed qualifying project complies with the rules promulgated under this chapter, assign the qualifying project to the res…

(a) The Department of Shared Administrative Services shall promulgate certain rules regarding the definitions and guidelines related to the development of qualifying projects under this chapter within ninety (90) days of August 1, 2017. (b) The guidelines promulgated under this s…

(a) The Department of Shared Administrative Services and the Arkansas Development Finance Authority shall jointly promulgate rules to administer this chapter, including without limitation rules regarding:(1) Criteria for selecting a qualifying project;(2) Guidelines for a public …

(a) A lawsuit brought concerning the validity of this chapter, bonds issued under this chapter, or the execution and delivery of an interim agreement or comprehensive agreement is of public interest and shall be advanced by the court and heard as a preferred cause of action. (b) …

(a) An account related to the construction, operation, or maintenance of a qualifying project authorized under this chapter shall be audited by the Building Authority Division, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State. (b) The division…