§ 43-1-1204 — Public-private initiative agreement - definition

Colorado § 43-1-1204

• Jurisdiction: Colorado
• Title 43: Transportation
• Art.: General and Administrative

Text

(1) The
department shall enter into an agreement for each public-private initiative.

(2) The department shall include terms and conditions in the agreement that
it determines are appropriate in the public interest and to protect highway and
traffic safety.

(3) The agreement may provide that:

(a) The private entity may pledge the transportation system project or the
right-of-way involved in the transportation system project if the project or right-of-way is entirely funded by private moneys and the department determines that such
a pledge is in the public interest. The private entity shall not pledge or cause a lien
to be created on a transportation system project or a right-of-way involved in a
transportation system project if public funds were used to purchase the project or
right-of-way or the department owns the project or right-of-way.

(b) The private entity owns the highway and right-of-way involved in the
transportation system project if the project or right-of-way is entirely funded by
private moneys and the department determines that such ownership is in the public
interest. The department may not transfer ownership of a transportation system
project or a right-of-way involved in a transportation system project if public funds
were used to purchase the project or right-of-way or the department owns the
project or right-of-way.

(4) Notwithstanding the fact that the department enters into an agreement
for a public-private initiative, the department is not a partner or a joint venturer with
the private entity for any purpose.

(5) (a) Except as provided in subsection (5)(b) of this section:

(I) The department shall not enter into any exclusive arrangement, lease, or
other agreement for use of the public rights-of-way by a telecommunications
provider that in any way discriminates or prevents a similar arrangement being
made with any other telecommunications provider;

(II) All leases of rights-of-way to telecommunications providers must be
done on a nondiscriminatory same-term basis; and

(III) If a telecommunications provider compensates the state in other than
cash, a cash equivalent value must be imputed and attached to the agreement, and
any other telecommunications provider may have equal access to the right-of-way
for the cash equivalent. The cash equivalent shall be an estimate of the fair market
value of the service or product provided to the state, and a telecommunications
provider may ask a court of competent jurisdiction to review the imputed monetary
amount, which the court may lower to the reasonable fair market value if necessary.

(b) By August 30, 2022, the department shall develop a uniform electronic
application, permitting, contract, and fee structure to facilitate nongovernmental
entities' access to public rights-of-way and fiber lease or swap for the deployment
of broadband.

(c) (I) Acceptances and denials by the department pursuant to subsections
(5)(a) and (5)(b) of this section shall be provided by the department to a broadband
provider in writing and shall identify specific reasons for the approval or the denial.
The department shall also make available to the public the written approval or
denial required by this subsection (5)(c)(I) in an online electronic format.

(II) As used in this section, broadband provider has the meaning set forth in
section 38-5.5-102 (3).

Legislative History

Source: L. 95: Entire part added, p. 259, � 2, effective April 17. L. 98: (3) amended, p. 447, � 12, effective August 5. L. 2022: (5) amended, (SB 22-083), ch. 72, p. 369, � 1, effective August 10.