Enrolled Copy S.B. 133
1 PUBLIC-PRIVATE PARTNERSHIPS AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel Hemmert
5 House Sponsor: Joel Ferry
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to public-private partnerships.
10 Highlighted Provisions:
11 This bill:
12 < requires the Governor's Office of Economic Development to engage a person to act
13 as a facilitator for public-private partnerships in the state;
14 < provides for requirements for a facilitator under a contract with the Governor's
15 Office of Economic Development; and
16 < provides a repeal date for the provisions relating to a facilitator.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
24 and 483
25 ENACTS:
26 63N-13-301, Utah Code Annotated 1953
27 63N-13-302, Utah Code Annotated 1953
28 63N-13-303, Utah Code Annotated 1953
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29 63N-13-304, Utah Code Annotated 1953
30 63N-13-305, Utah Code Annotated 1953
31 63N-13-306, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63I-2-263 is amended to read:
35 63I-2-263. Repeal dates, Title 63A to Title 63N.
36 (1) On July 1, 2020:
37 (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
38 (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
39 May 8, 2018," is repealed.
40 (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
41 (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
42 repealed July 1, 2020.
43 (4) The following sections regarding the World War II Memorial Commission are
44 repealed on July 1, 2020:
45 (a) Section 63G-1-801;
46 (b) Section 63G-1-802;
47 (c) Section 63G-1-803; and
48 (d) Section 63G-1-804.
49 (5) In relation to the State Fair Park Committee, on January 1, 2021:
50 (a) Section 63H-6-104.5 is repealed; and
51 (b) Subsections 63H-6-104(8) and (9) are repealed.
52 (6) Section 63H-7a-303 is repealed on July 1, 2022.
53 (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
54 (a) Subsection 63J-1-602.1(52) is repealed;
55 (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
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56 and
57 (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
58 (8) Section 63J-4-708 is repealed January 1, 2023.
59 (9) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act, is
60 repealed January 1, 2024.
61 Section 2. Section 63N-13-301 is enacted to read:
62 Part 3. Facilitating Public-Private Partnerships Act
63 63N-13-301. Title.
64 This part is known as the "Facilitating Public-Private Partnerships Act."
65 Section 3. Section 63N-13-302 is enacted to read:
66 63N-13-302. Definitions.
67 As used in this part:
68 (1) "Facilitator" means a person engaged by the office to perform the functions and
69 responsibilities described in Section 63N-13-304.
70 (2) "Government entity" means:
71 (a) the state or any department, division, agency, or other instrumentality of the state;
72 or
73 (b) a political subdivision of the state.
74 (3) "Public-private partnership" means an arrangement or agreement between a
75 government entity and one or more private persons to fund and provide for a public need
76 through the development or operation of a public project in which the private person or persons
77 share with the government entity the responsibility or risk of developing, owning, maintaining,
78 financing, or operating the project.
79 Section 4. Section 63N-13-303 is enacted to read:
80 63N-13-303. Contract with facilitator.
81 (1) Within legislative appropriations, the office shall enter into a contract with a
82 nonprofit entity or government entity to act as a facilitator.
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83 (2) The office shall use a request for proposals process under Title 63G, Chapter 6a,
84 Utah Procurement Code, to select a qualified person to act as facilitator.
85 (3) The term of a contract under Subsection (1) may not exceed three years.
86 (4) The office shall ensure that the contract with the facilitator includes a
87 conflict-of-interest provision prohibiting the facilitator, or a principal, officer, or employee of
88 the facilitator, from receiving a direct or indirect financial benefit from any public-private
89 partnership that results from the facilitator's work under the contract.
90 Section 5. Section 63N-13-304 is enacted to read:
91 63N-13-304. Contract requirements for a facilitator.
92 In a contract under Section 63N-13-303, the office shall require a facilitator to:
93 (1) be a single point of contact and information on public-private partnerships in the
94 state for:
95 (a) government entities exploring the possibility of filling a public need through a
96 public-private partnership; and
97 (b) private persons exploring investment opportunities in a public project in the state
98 through a public-private partnership;
99 (2) work throughout the state to identify government entities that may have an interest
100 in seeking to fill a public need through a public-private partnership;
101 (3) work to identify private persons who may have an interest in investment
102 opportunities in public projects in the state through a public-private partnership;
103 (4) facilitate the matching of government entities seeking to fill a public need through a
104 public-private partnership with private persons seeking investment opportunities in public
105 projects through a public-private partnership;
106 (5) facilitate and assist with the establishment of public-private partnerships for
107 government entities who request the facilitator's assistance in establishing a public-private
108 partnership; and
109 (6) make recommendations for the Legislature to consider at the 2021 legislative
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110 general session relating to public-private partnerships:
111 (a) to enhance the statutory framework for the establishment of public-private
112 partnerships for public infrastructure projects; and
113 (b) with the goal of moving the state to the forefront throughout the country in the area
114 of private participation in public infrastructure development.
115 Section 6. Section 63N-13-305 is enacted to read:
116 63N-13-305. Office oversight over contract performance of facilitator.
117 The office shall monitor and oversee a facilitator's performance under a contract under
118 Section 63N-13-303 to ensure that the facilitator is fulfilling the requirements of Section
119 63N-13-304.
120 Section 7. Section 63N-13-306 is enacted to read:
121 63N-13-306. Limits on application of this part.
122 Nothing in this part:
123 (1) requires a government entity to use the facilitator to explore the possibility of filling
124 a public need through a public-private partnership; or
125 (2) limits the ability of a government entity to directly:
126 (a) solicit a public-private partnership; or
127 (b) respond to a private person exploring an investment opportunity in a public project
128 through a public-private partnership.
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Statutes affected: Enrolled: 63I-2-263, 63H-6-104.5, 63J-4-708