Section 306 – Limits on application of this part.

• (1) Nothing in this part:
  • (a) requires a government entity to use the facilitator to explore the possibility of filling a public need through a public-private partnership; or
  • (b) limits the ability of a government entity to directly:
    • (i) solicit a public-private partnership; or
    • (ii) respond to a private person exploring an investment opportunity in a public project through a public-private partnership.

• (2)
  • (a) As used in this Subsection (2):
    • (i) “Bonding political subdivision” means the same as that term is defined in Section 63C-25-101.
    • (ii) “Public-private partnership” means the same as that term is defined in Section 63C-25-101.
  • (b) A facilitator shall inform a bonding political subdivision that is contemplating entering into a public-private partnership that the bonding political subdivision may not enter into the public-private partnership unless the bonding political subdivision first receives approval from the State Finance Review Commission in accordance with Section 63C-25-202.

• (3) A government entity anticipating the possibility of entering a public-private partnership is encouraged to consult with and take advantage of the expertise of the facilitator as the government entity determines:
  (a) whether to enter the public-private partnership; and
  (b) the best way to structure the public-private partnership.

Amended by Chapter 207, 2022 General Session
Amended by Chapter 240, 2022 General Session