§ 24-94-102 — Definitions

Colorado § 24-94-102

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public-private Partnerships for State Public Entities

Text

As used in this article 94, unless the context
otherwise requires:

(1) Department means the department of personnel.

(2) Develop means to plan, design, develop, build, establish, finance, lease,
acquire, install, construct, reconstruct, or expand a public project.

(3) Executive director means the executive director of the department of
personnel or the executive director's designee.

(4) Finance means the supply by a private partner of resources to
accomplish all or any part of the work or services for a public project, including
funds, financing, income, revenue, cost sharing, technology, personnel, equipment,
expertise, data, or engineering, construction, or maintenance services.

(4.3) HVAC means heating, ventilation, and air conditioning.

(4.7) Local education provider means:

(a) A local education provider, as defined in section 22-16-103 (4); and

(b) The Colorado school for the deaf and the blind described in section 22-80-102.

(5) Operate means to finance, operate, maintain, improve, equip, modify,
repair, or administer a public project.

(6) Private partner means any natural person, corporation, general
partnership, limited liability company, limited partnership, joint venture, business
trust, public benefit corporation, nonprofit entity, local government, other private
business entity, or any combination thereof.

(7) Public-private agreement means any agreement between one or more
private partners and one or more state public entities that contractually provides
for the responsibilities of all parties in negotiating, developing, or operating any
aspect of a proposed or approved public project or financed purchased of an asset.
Public-private agreement does not mean a grant or incentive program established
in another provision of law or an agreement approved by the economic development
commission pursuant to parts 1 and 3 of article 46 of this title 24.

(8) Public-private partnership means an agreement between one or more
state public entities and one or more private partners by which a state public entity
may allocate responsibility or risk to a private partner to develop or operate a public
project and, in return, the private partner may receive the right to all or a portion of
fees generated by the public project, availability payments made by the state
public entity, other public money, or any other legally available consideration. A
public-private partnership does not confer onto the relationship formed any of the
attributes or incidents of a partnership pursuant to section 7-60-106 or the common
law. Public-private partnership does not mean any grant or incentive program
established by another provision of law or agreements that are approved by the
economic development commission, including but not limited to grant or incentive
programs described in parts 1 and 3 of article 46 of this title 24.

(9) Public project means any construction, alteration, repair, demolition, or
improvement of any state-owned land, building, structure, facility, asset, or other
public improvement suitable for and intended for use in the promotion of the public
health, welfare, or safety, and any maintenance programs for the upkeep of such
projects subject to part 2 of article 92 of this title 24. Public project includes but
is not limited to a project for civic, child care, medical, utility, telecommunication,
cultural, recreational, or educational facilities or services.

(10) State public entity means any department, agency, or subdivision of
the executive branch of state government; except that state public entity does
not include state entities that have specific statutory authority to enter into public-private partnerships, including but not limited to the authority specified in sections
23-3.1-301 (1), 23-3.1-306.5, 24-33.5-510, 26-6.9-102, 32-22-105 (1)(a)(VIII), 40-2-123, and 43-4-806.

(11) Subcommittee means the public-private partnership subcommittee of
the Colorado economic development commission created in section 24-46-102 (4).

(12) Unit means the public-private collaboration unit created in section 24-94-103 (2).

Legislative History

Source: L. 2022: Entire article added, (SB 22-130), ch. 232, p. 1711, � 2, effective May 26. L. 2025: (4.3) and (4.7) added, (HB 25-1245), ch. 400, p. 2271, � 7, effective August 6.