175B.037 Use of public-private partnership -- Requirements -- Administrative
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/ky/175b-037A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
regulations.
(1)The state authority, a bi-state authority, or a project authority may, with
approval of the General Assembly pursuant to KRS 175B.020(10), and if
applicable, KRS 175B.030(9), utilize a public-private partnership.
(2)An authority utilizing a public-private partnership shall continue to be
responsible for oversight of any function authorized by this chapter that is
delegated to or otherwise performed by a public-private partnership.
(3)A public-private partnership shall not be used to circumvent any requirements
or restrictions placed upon any authority pursuant to this chapter.
(4)An authority proposing to utilize a public-private partnership shall include in the
financial plan required by KRS 175B.030 or 175B.035:
(a)The parameters of the public-private partnership agreement;
(b)The duties and responsibilities to be performed by the private partner or
partners;
(c)The methods of oversight to be employed by the authority;
(d)The duties and responsibilities of the project that are to be performed by
the authority, the cabinet, and any other partners to the agreement; and
(e)Other information required by the state authority or the cabinet to
evaluate the financial plan and the proposed public-private partnership.
(5)A private entity desiring to be a private partner shall demonstrate to the
satisfaction of the state authority and the cabinet that it is capable of
performing any function to be authorized by the public-private partnership.
(6)A public-private partnership authorized or utilized pursuant to this section shall
be subject to KRS 176B.030(5) to (8).
(7)The cabinet shall promulgate administrative regulations detailing the
procurement approach and proposal review process to be used for a
public-private partnership by December 31, 2016.