(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.
Source: L. 2022: Entire article added, (SB 22-130), ch. 232, p. 1714, � 2, effective May 26.
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 May 26, 2022, shall submit the proposed contract, sale, or lease of state property to the public-private partnership subcommittee created in section 24-46-102 (4) 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.
Source: L. 2022: Entire article added, (SB 22-130), ch. 232, p. 1715, � 2, effective May 26.