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REFERENCE TITLE: public infrastructure; public-private partnerships |
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State of Arizona Senate Forty-ninth Legislature First Regular Session 2009
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SB 1463 |
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Introduced by Senator Gorman
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AN ACT
amending section 28-5611, Arizona Revised Statutes; repealing title 28, chapter 22, Arizona Revised Statutes; amending title 34, Arizona Revised Statutes, by adding chapter 7; amending sections 35-701, 42-5069 and 42-6208, Arizona Revised Statutes; relating to public‑private partnerships in public infrastructure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-5611, Arizona Revised Statutes, is amended to read:
28-5611. Refunds; motor vehicle fuel
A. Except as provided in subsection B of this section, on application to the director pursuant to this article and if section 28‑5612 is complied with, a person who buys and uses motor vehicle fuel shall receive a refund in the amount of the tax if the person pays the tax on the fuel and either:
1. Uses the fuel other than in any of the following:
(a) A motor vehicle on a highway in this state.
(b) Watercraft on the waterways of this state.
(c) A motor vehicle operating on a transportation an eligible facility or toll road pursuant to title 34, chapter 22 of this title 7.
2. Buys aviation fuel for use in aircraft applying seeds, fertilizer or pesticides.
3. Loses the fuel by fire, theft or other accident.
B. If a claim for refund is based on the use of motor vehicle fuel in aircraft, five cents of the tax collected on each gallon of motor vehicle fuel claimed shall remain in the state aviation fund, and the department shall refund the remainder of the tax pursuant to section 28‑5612.
Sec. 2. Repeal
Title 28, chapter 22, Arizona Revised Statutes, is repealed.
Sec. 3. Title 34, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
PUBLIC-PRIVATE PARTNERSHIPS IN PUBLIC INFRASTRUCTURE
ARTICLE 1. GENERAL PROVISIONS
34‑701. Definitions
In this chapter, unless the context otherwise requires:
1. "Eligible facility" means any facility developed, operated or held in accordance with this chapter, including any existing, enhanced, upgraded or new facility used or useful as public infrastructure, including facilities related to transportation, water, wastewater, public buildings and any other public facilities, as well as appurtenances.
2. "Private partner" means a person, entity or organization that is not the federal government or any other public sponsor.
3. "Public‑private partnership" means any of the following types of agreements:
(a) Agreements under which the private partner assists the public sponsor in defining a feasible project and negotiates fair and reasonable terms for implementing the project.
(b) Agreements under which the private party assumes responsibility for delivering, improving, operating or maintaining eligible facilities in accordance with established performance specifications and payment terms.
4. "Public sponsor" means any department or agency of this State, any department or agency of a county, any city, town, special district or regional transportation agency, any public corporation established under state law or county ordinance, a joint powers authority or any intergovernmental agency or corporation.
34‑702. Authority to enter public‑private partnerships
Notwithstanding any other law, public sponsors may enter into public‑private partnerships for eligible facilities pursuant to this chapter.
34‑703. Procurement
A. Notwithstanding any other law, the public sponsor may procure a private partner and award public‑private partnerships under this chapter using any of the following:
1. Calls for project proposals if the public sponsor describes the public infrastructure facility that private entities are invited to submit proposals to develop.
2. Solicitations using, without limitation, requests for qualifications, short-listing of qualified proposers, requests for proposals, negotiations and best and final offers.
3. Unsolicited proposals if the public sponsor determines there is sufficient merit to pursue any unsolicited proposal and reasonable opportunity for other entities to submit competing proposals for consideration.
b. For any procurement in which the public sponsor issues a request for qualifications, request for proposals or similar solicitation document, the request shall generally set forth the factors that the public sponsor will evaluate when reviewing the submittals. The public sponsor may determine which factors it will consider and the relative weight of the factors in the evaluation process to obtain the best value for the public sponsor.
c. The public sponsor may pay a stipend to an unsuccessful proposer, in an amount and on the terms and conditions determined by the public sponsor, if the public sponsor cancels the procurement before the due date for proposals in the request for proposals or the unsuccessful proposer submits a proposal and the public sponsor determines that the proposal is responsive to the public sponsor’s request for proposals and meets all requirements established by the public sponsor for the project. In exchange for the stipend, the public sponsor may require the unsuccessful proposer to grant to the public sponsor the right to use any work product contained in the unsuccessful proposer's proposal or, if the public sponsor cancels the procurement before the due date for proposals in the request for proposals, any work product developed before cancellation, including technologies, techniques, methods, processes and information contained in the recipient’s project design.
d. The public sponsor may charge an administrative fee for the evaluation of an unsolicited project proposal.
e. The public sponsor may procure services, award agreements and administer revenues as authorized pursuant to this chapter.
f. The public sponsor may retain financial, legal and other consultants and experts in the public or private sector to assist in the procurement, evaluation and negotiation of public-private partnerships and for the development or operation, or both, of eligible facilities under this chapter.
g. Notwithstanding any other law, the public sponsor may agree to or require use of arbitration or other alternative dispute resolution procedures to resolve disputes with proposers or the private partner.
34‑704. Public‑private partnership agreements
A. In a public-private partnership, the public sponsor may include any provision the public sponsor determines necessary or appropriate, including provisions that do the following:
1. authorize the private partner to impose, collect and enforce user fees, tolls, fares, rents or similar charges, including provisions regarding what the private partner will do with the collected monies and the technology the private partner is required to use to collect these charges.
2. Allow the public sponsor to accept payments of monies and share revenues with the private partner.
3. Address how the public sponsor and private partner will share development costs and allocate and manage project risks.
4. Establish performance criteria or incentives, or both.
5. Address the acquisition of rights-of-way and other property interests that may be required, including provisions addressing the exercise of eminent domain. The public sponsor shall not relinquish its power of eminent domain authority to the private partner.
6. Address responsibility for reconstruction or renovations that are required in order for a facility to meet applicable government standards at the end of the term of the agreement.
7. Provide for patrolling and law enforcement on, in or for the eligible facilities.
8. Identify any technical specifications that must be satisfied and a process under which the private partner may request and receive authorization to deviate from the specifications on making a showing satisfactory to the public sponsor.
9. Authorize the private partner to receive a reasonable rate of return on the private partner's investment.
10. Specify the private partner's compensation, including provisions regarding the use of availability payments, retention of fees, tolls, fares, rents or similar charges and the generation and use of other revenues.
11. Specify the conditions under which the private partner is entitled to compensation for lost revenues or other demonstrable damages resulting from the construction of a competing facility by the public sponsor or another governmental entity.
12. Specify events of default, remedies available to the private partner and public sponsor and dispute resolution procedures, including arbitration and other alternative dispute resolution procedures.
13. Specify the maintenance and auditing of the private partner's books and records.
B. In a public-private partnership, the public sponsor must include a provision that establishes the public sponsor’s right to develop, maintain, repair, rehabilitate, operate or lease other projects independent of the location of those projects.
34‑705. Ad valorem and property taxes
Property developed, operated or held by a private partner under a public-private partnership is exempt from all state and county ad valorem and property taxes.
34‑706. Performance and payment security
A public-private partnership shall require the private partner or each of its prime contractors to provide performance and payment security. Notwithstanding any other law, the penal sum or amount of the security may be less than the price of the contract involved, based on the public sponsor’s determination, made in its sole discretion and on a facility-by-facility basis, of what is required to adequately protect the public sponsor and adequately assure payment of persons and prescribed amounts.
34‑707. Funding and financing
A. Any lawful source of funding and financing may be used for the development or operation of an eligible facility under this chapter.
B. The public sponsor may accept from the United States or any of its agencies monies or credit assistance as are available to it for carrying out the purposes of this chapter, whether the monies are made available by grant, loan or other financing arrangement. The public sponsor may enter into agreements and other arrangements with the United States or any of its agencies as may be necessary, proper and convenient for carrying out the purposes of this chapter.
C. The public sponsor may accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other valuable thing made to the public sponsor for carrying out the purposes of this chapter.
D. Public sponsors may impose and collect user fees, tolls, fares, rents or similar charges from users of eligible facilities and use lawful measures to enforce the charges or authorize a private partner or another public entity to impose, collect and enforce the charges to the same extent as available to the public sponsor.
34‑708. Confidentiality and public disclosure
A. A proposer may identify those portions of a proposal or other submission that the proposer considers to be trade secrets or confidential commercial, financial or proprietary information. In order for confidential and proprietary information and trade secrets to be exempt from disclosure, the proposer shall do all of the following:
1. Invoke the exclusion on submission of the information or other materials for which protection is sought.
2. Identify the data or other materials for which protection is sought with conspicuous labeling.
3. State the reasons why protection is necessary.
4. Fully comply with any applicable provisions of state law with respect to information the proposer contends should be exempt from disclosure.
B. Notwithstanding any other law, in order to properly balance the need to maximize competition under this chapter and create a transparent procurement process, proposals are not subject to release or disclosure by the public sponsor until the award of the public-private partnership and the conclusion of any protest or other challenge to the award, absent an administrative or judicial order requiring the release or disclosure.
34‑709. Technical standards and specifications; eminent domain
A. Notwithstanding any other law, for a public-private partnership the public sponsor may adopt, amend, repeal, apply, enforce and waive technical standards and specifications, including standards and specifications for performance or outcomes.
B. The public sponsor may exercise the power of eminent domain to acquire property, rights‑of‑way or other rights in property for projects that are necessary to develop, operate or hold an eligible facility under this chapter, regardless of whether the property will be owned in fee simple by the public sponsor or whether the property will be leased to the private partner to use, lease or operate for its business purposes in connection with the public-private partnership project.
34‑710. Powers
The powers granted to cities, towns, local agencies, counties, special districts, regional transportation agencies, any department or agency of this State and any other agencies in this chapter are in addition to any other powers authorized under applicable law.
34‑711. Severability
If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable.
Sec. 4. Section 35-701, Arizona Revised Statutes, is amended to read:
35-701. Definitions
In this chapter, unless the context otherwise requires:
1. "Corporation" means any corporation organized as an authority as provided in this chapter.
2. "Designated area" means any area of this state which is either designated pursuant to section 36‑1479 as a slum or blighted area as defined in section 36‑1471, designated by regulation as a pocket of poverty or a neighborhood strategy area by the United States department of housing and urban development pursuant to title I of the housing and community development act of 1977 (P.L. 95-128; 42 United States Code sections 5301 through 5320), as amended, and the department of housing and urban development act (P.L. 89-174; 42 United States Code section 3535(d)) or designated by the United States department of housing and urban development as an empowerment or enterprise zone pursuant to the federal omnibus budget reconciliation act of 1993 (P.L. 103-66; 26 United States Code section 1391(g)) or an area certified as an enterprise zone pursuant to section 41‑1524, subsection B.
3. "Governing body" means:
(a) The board or body in which the general legislative powers of the municipality or the county are vested.
(b) The Arizona board of regents with respect to a corporation formed with the permission of the Arizona board of regents.
4. "Income" means gross earnings from wages, salary, commissions, bonuses or tips from all jobs, net earnings from such person's or family's own nonfarm business, professional practice or partnership, and net earnings from such person's or family's own farm. Income includes income, other than earnings, that consists of amounts received from social security or railroad retirement, interest, dividends, veterans payments, pensions and other regular payments, public assistance or welfare payments, including aid for dependent children, old age assistance, general assistance and aid to the blind or totally disabled, but excluding separate payments for hospital or other medical care.
5. "Manufactured house" means a structure that is manufactured in a factory after June 15, 1976, that is delivered to a homesite in more than one section and that is placed on a permanent foundation. The dimensions of the completed house shall not be less than twenty feet by forty feet, the roof must be sloping, the siding and roofing must be the same as those found in site‑built houses and the house must be eligible for thirty year real estate mortgage financing.
6. "Municipality" or "county" means the Arizona board of regents or any incorporated city or town, including charter cities, or any county in this state in which a corporation may be organized and in which it is contemplated the corporation will function.
7. "Persons of low and moderate income" means, for the purposes of financing owner‑occupied single family dwelling units in areas which the municipality has found, pursuant to section 36‑1479, to be slum or blighted areas, as defined in section 36‑1471, persons and families whose income does not exceed two and one‑half times the median family income of this state. In all other areas it means persons and families whose income does not exceed one and one‑half times the median family income of this state.
8. "Project" means any land, any building or any other improvement and all real and personal properties, including machinery and equipment whether or not now in existence or under construction and whether located within or without this state or the municipality or county approving the formation of the corporation, that are suitable for any of the following:
(a) With respect to a corporation formed with the permission of a municipality or county other than the Arizona board of regents:
(i) Any enterprise for the manufacturing, processing or assembling of any agricultural or manufactured products.
(ii) Any commercial enterprise for the storing, warehousing, distributing or selling of products of agriculture, mining or industry, or of processes related thereto, including research and development.
(iii) Any office building or buildings for use as corporate or company headquarters or regional offices or the adaptive use for offices of any building within this state that is on the national register of historic places or rehabilitation of residential buildings located in registered historic neighborhoods.
(iv) A health care institution as defined in section 36‑401.
(v) Residential real property for dwelling units located within the municipality or county approving the formation of the corporation and, in the case of a county, whether or not also within a municipality that is within the county.
(vi) Repairing or rehabilitating single family dwelling units or constructing or repairing residential fences and walls.
(vii) Convention or trade show facilities.
(viii) Airports, docks, wharves, mass commuting facilities, parking facilities or storage or training facilities directly related to any of the facilities as provided in this item.
(ix) Sewage or solid waste disposal facilities or facilities for the furnishing of electric energy, gas or water.
(x) Industrial park facilities.
(xi) Air or water pollution control facilities.
(xii) Any educational institution that is operated by a nonprofit educational organization that is exempt from taxation under section 501(c)(3) of the United States internal revenue code and that is not otherwise funded by state monies, any educational institution or organization that is established under title 15, chapter 1, article 8 and that is owned by a nonprofit organization, any private nonsectarian school or any private nonsectarian organization established for the purpose of funding a joint technological education school district.
(xiii) Research and development facilities.
(xiv) Commercial enterprises, including facilities for office, recreational, hotel, motel and service uses if the facilities authorized by this item are to be located in a designated area.
(xv) A child welfare agency, as defined in section 8‑501, owned and operated by a nonprofit organization.
(xvi) A transportation An eligible facility that is related to transportation and that is constructed or operated pursuant to title 28 34, chapter 7 22, article 1 or 2.
(xvii) A museum operated by a nonprofit organization.
(xviii) Facilities owned or operated by a nonprofit organization described in section 501(c) of the United States internal revenue code of 1986.
(xix) New or existing correctional facilities within this state.
(b) With respect to a corporation formed with the permission of the Arizona board of regents, any facility consisting of classrooms, lecture halls or conference centers or any facility for research and development or for manufacturing, processing, assembling, marketing, storing and transferring items developed through or connected with research and development or in which the results of such research and development are utilized, but only if the facility is located in an area designated as a research park by the Arizona board of regents.
9. "Property" means any land, improvements thereon, buildings and any improvements thereto, machinery and equipment of any and all kinds necessary to a project and any other personal properties deemed necessary in connection with a project.
10. "Research park" means an area of land that has been designated by the Arizona board of regents as a research park for a university and that, at the date of designation, is owned by this state or by the Arizona board of regents.
11. "Single family dwelling unit" includes any new, used or manufactured house that meets the insuring requirements of the federal housing administration, the veterans administration or any other insuring entity of the United States government or any private mortgage insurance or surety company that is approved by the federal home loan mortgage corporation or the federal national mortgage association.
Sec. 5. Section 42-5069, Arizona Revised Statutes, is amended to read:
42-5069. Commercial lease classification; definitions
A. The commercial lease classification is comprised of the business of leasing for a consideration the use or occupancy of real property.
B. A person who, as a lessor, leases or rents for a consideration under one or more leases or rental agreements the use or occupancy of real property that is used by the lessee for commercial purposes is deemed to be engaged in business and subject to the tax imposed by article 1 of this chapter, but this subsection does not include leases or rentals of real property used for residential or agricultural purposes.
C. The commercial lease classification does not include:
1. Any business activities that are classified under the transient lodging classification.
2. Activities engaged in by the Arizona exposition and state fair board or county fair commissions in connection with events sponsored by those entities.
3. Leasing real property to a lessee who subleases the property if the lessee is engaged in business classified under the commercial lease classification or the transient lodging classification.
4. Leasing real property pursuant to a written lease agreement entered into before December 1, 1967. This exclusion does not apply to the businesses of hotels, guest houses, dude ranches and resorts, rooming houses, apartment houses, office buildings, automobile storage garages, parking lots or tourist camps, or to the extension or renewal of any such written lease agreement.
5. Leasing real property by a corporation to an affiliated corporation. For the purposes of this paragraph, "affiliated corporation" means a corporation that owns or controls at least eighty per cent of the lessor, that is at least eighty per cent owned or controlled by the lessor or that is at least eighty per cent owned or controlled by a corporation that also owns or controls at least eighty per cent of the lessor. Ownership and control are determined by reference to the voting shares of a corporation.
6. Leasing real property for sublease if the tenant in possession of the property is subject to the rental occupancy tax pursuant to article 9 of this chapter.
7. 6. Leasing real property for boarding horses.
8. 7. Leasing or renting real property or the right to use real property at exhibition events in this state sponsored, operated or conducted by a nonprofit organization that is exempt from taxation under section 501(c)(3), 501(c)(4) or 501(c)(6) of the internal revenue code if the organization is associated with major league baseball teams or a national touring professional golfing association and no part of the organization's net earnings inures to the benefit of any private shareholder or individual.
9. 8. Leasing or renting real property or the right to use real property for use as a rodeo featuring primarily farm and ranch animals in this state sponsored, operated or conducted by a nonprofit organization that is exempt from taxation under section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7) or 501(c)(8) of the internal revenue code and no part of the organization's net earnings inures to the benefit of any private shareholder or individual.
10. 9. Leasing or renting dwelling units, lodging facilities or trailer or mobile home spaces if the units, facilities or spaces are intended to serve as the principal or permanent place of residence for the lessee or renter or if the unit, facility or space is leased or rented to a single tenant thirty or more consecutive days.
11. 10. Leasing or renting real property and improvements for use primarily for religious worship by a nonprofit organization that is exempt from taxation under section 501(c)(3) of the internal revenue code and no part of the organization's net earnings inures to the benefit of any private shareholder or individual.
12. 11. Leasing or renting real property used for agricultural purposes under either of the following circumstances:
(a) The lease or rental is between family members, trusts, estates, corporations, partnerships, joint venturers or similar entities, or any combination thereof, if the individuals or at least eighty per cent of the beneficiaries, shareholders, partners or joint venturers share a family relationship as parents or ancestors of parents, children or descendants of children, siblings, cousins of the first degree, aunts, uncles, nieces or nephews of the first degree, spouses of any of the listed relatives and listed relatives by the half-blood or by adoption.
(b) The lessor leases or rents real property used for agricultural purposes under no more than three leases or rental agreements.
13. 12. Leasing, renting or granting the right to use real property to vendors or exhibitors by a trade or industry association that is a qualifying organization pursuant to section 513(d)(3)(C) of the internal revenue code for a period not to exceed twenty-one days in connection with an event that meets all of the following conditions:
(a) The majority of such vending or exhibition activities relate to the nature of the trade or business sponsoring the event.
(b) The event is held in conjunction with a formal business meeting of the trade or industry association.
(c) The event is organized by the persons engaged in the particular trade or industry.
14. 13. Leasing, renting or granting the right to use real property for a period not to exceed twenty-one days by a coliseum, civic center, civic plaza, convention center, auditorium or arena owned by this state or any of its political subdivisions.
15. 14. Leasing or subleasing real property used by a nursing care institution as defined in section 36-401 that is licensed pursuant to title 36, chapter 4.
16. 15. Leasing or renting a transportation an eligible facility relating to transportation as provided in section 28‑7705, subsections A and B title 34, chapter 7.
17. 16. Granting or providing rights to real property that constitute a profit à prendre for the severance of minerals, including all rights to use the surface or subsurface of the property as is necessary or convenient to the right to sever the minerals. This paragraph does not exclude from the commercial lease classification leasehold rights to the real property that are granted in addition to and not included within the right of profit à prendre, but the tax base for the grant of such a leasehold right, if the gross income derived from the grant is not separately stated from the gross income derived from the grant of the profit à prendre, shall not exceed the fair market value of the leasehold rights computed after excluding the value of all rights under the profit à prendre. For the purposes of this paragraph, "profit à prendre" means a right to use the land of another to mine minerals, and carries with it the right of entry and the right to remove and take the minerals from the land and also includes the right to use the surface of the land as is necessary and convenient for exercise of the profit.
D. The tax base for the commercial lease classification is the gross proceeds of sales or gross income derived from the business, but reimbursements to the lessor for utility service shall be deducted from the tax base.
E. Notwithstanding section 42‑1104, subsection B, paragraph 1, subdivision (b) and paragraph 2, the failure to file tax returns for the commercial lease classification that report gross income derived from any agreement that constitutes, in whole or in part, a grant of a right of profit à prendre for the severance of minerals does not constitute an exception to the general rule for the statute of limitations.
F. For the purposes of this section:
1. "Leasing" includes renting.
2. "Real property" includes any improvements, rights or interest in such property.
Sec. 6. Section 42-6208, Arizona Revised Statutes, is amended to read:
42-6208. Exempt government property improvements
The tax under this article does not apply with respect to:
1. Property that is used for a governmental activity.
2. Property that is used for public housing.
3. Easements and rights-of-way of railroads and gas, electric, water, pipeline and telephone utilities.
4. Interests in all or any part of a facility that is owned of record by a government lessor and used primarily for athletic, recreational, entertainment, artistic, cultural or convention activities if the interest is used for those activities or activities directly related and incidental to these uses including concession stands.
5. Property that is located on municipal airports and airports that operate pursuant to sections 28‑8423, 28‑8424 and 28‑8425, if the property is used for or in connection with aviation, including hangars, tie-downs, aircraft maintenance, sale of aviation related items, charter and rental activities, commercial aircraft terminal franchises, parking facilities and restaurants, stores and other services that are located in a terminal.
6. The use by a commercial airline of the runways and terminal facilities of state, city, town or county airports and public airports operating pursuant to sections 28-8423, 28-8424 and 28‑8425.
7. Leases of property or interests in a transportation an eligible facility that is related to transportation and that is constructed or operated pursuant to title 28 34, chapter 22, article 1 or 2 7.
8. Interests in property held in trust for an Indian or an Indian tribe by the United States government.
9. Interests in property that is defined as "contractor-acquired property" or "government-furnished property" in the federal acquisition regulations (48 Code of Federal Regulations section 45.101) and that is owned by the government and used to perform a government contract.
10. Property of a corporation that is organized by or at the direction of a county, city or town to develop, construct, improve, repair, replace or own any property, improvement, building or other facility to be used for public purposes that the county, city or town pledges to lease or lease‑purchase with county or municipal special or general revenues.
11. Interests in property used by a chamber of commerce recognized under section 501(c)(6) of the United States internal revenue code if the property is used predominately for those federal tax exempt purposes.
12. Interests in property used by organizations that are exempt from taxation under section 501(c)(3) of the internal revenue code.
13. Interests in parking garages or decks if the parking garages or decks are owned and operated by a government lessor or operated on behalf of a government lessor, by an entity other than the prime lessee, pursuant to a management agreement with the government lessor.
14. Residential rentals if the prime lessee is the occupant.
Sec. 7. Legislative intent
The legislature makes the following findings:
1. It is important for the economic, social and environmental well‑being of this state that the people of this state have sufficient quality public infrastructure.
2. The ability of this state to provide sufficient quality public infrastructure will be enhanced by a program providing for private entities to undertake all or a portion of the study, planning, design, development, financing, acquisition, installation, construction, reconstruction, improvement, operation or maintenance of public infrastructure facilities, including facilities related to transportation, water, wastewater, public buildings or any other public facility and appurtenances.
3. Public-private initiatives provide the public sector with increased access to project opportunities and private sector expertise by:
(a) Facilitating the collaboration and cost and risk sharing in public infrastructure projects between public and private partners.
(b) Bringing innovative thinking from the private sector to bear on public infrastructure needs in this state.
(c) Reducing the public cost of project delivery and services for eligible facilities.
(d) Expediting project delivery.
(e) Encouraging life cycle efficiencies in public infrastructure projects.
(f) Fostering flexibility in procurement methods to provide the best value to the public.
(g) Providing better use and leverage of public resources, increasing private investment in public infrastructure facilities, enhancing capital formation for large projects and providing savings to taxpayers.
Sec. 8. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.