Bill Text: MS HB1109 | 2018 | Regular Session | Engrossed
Bill Title: MHP Facility; authorize DFA to enter into lease for redevelopment of old headquarters to finance construction of new.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-02-27 - Died In Committee [HB1109 Detail]
Download: Mississippi-2018-HB1109-Engrossed.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Property
By: Representative Weathersby
House Bill 1109
(As Passed the House)
AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION (DFA), ACTING ON BEHALF OF THE DEPARTMENT OF PUBLIC SAFETY, TO ENTER INTO AN AGREEMENT TO LEASE ALL OR ANY PORTION OF CERTAIN STATE-OWNED REAL PROPERTY IDENTIFIED AS THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY HIGHWAY PATROL HEADQUARTERS FACILITY IN JACKSON, HINDS COUNTY, MISSISSIPPI, TO AN ENTITY SELECTED IN THE NEGOTIATION PROCESS BY DFA FOR PURPOSES OF REDEVELOPMENT AND FOR THE CONSTRUCTION OF A NEW MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY HIGHWAY PATROL HEADQUARTERS FACILITY IN RANKIN COUNTY, MISSISSIPPI; TO REQUIRE DFA TO CONDUCT A NATIONAL ADVERTISING CAMPAIGN TO SOLICIT REQUESTS FOR PROPOSALS, SUBJECT TO THE AVAILABILITY OF FUNDS, AND TO ESTABLISH A DEADLINE FOR THE RECEIPT OF SUBMITTED PROPOSALS; TO REQUIRE DFA AND THE P3 REVIEW BOARD TO CONDUCT A PREPROPOSAL CONFERENCE; TO ESTABLISH THE MANNER FOR WHICH PROPOSALS MUST BE SUBMITTED AND COMPONENTS REQUIRED TO BE INCLUDED IN THE PROPOSALS; TO PRESCRIBE THE MANNER OF REVIEW FOR SUBMITTED PROPOSALS; TO REQUIRE DFA AND THE P3 REVIEW BOARD TO REVIEW AND CONSIDER ALL PROPOSALS; TO REQUIRE THAT CERTAIN PROCEDURES ARE TO BE FOLLOWED IN THE EVALUATION PROCESS; TO REQUIRE DFA AND THE P3 REVIEW BOARD TO EVALUATE AND RANK THE PROPOSALS AND MAKE RECOMMENDATIONS BEFORE ENTERING INTO A REDEVELOPMENT AND CONSTRUCTION AGREEMENT WITH A CERTAIN PRIVATE PARTNER, TO REQUIRE DFA AND THE P3 REVIEW BOARD TO SELECT ONE OR MORE PROPOSALS AND TO ENTER INTO NEGOTIATIONS WITH THE PRIVATE PARTNER OF THOSE PROPOSALS FOR THE LEASE AND REDEVELOPMENT OF THE PROPERTY; TO REQUIRE THAT CERTAIN NOTICE BE PROVIDED TO PRIVATE PARTNER CONCERNING THE REJECTION OR ACCEPTANCE OF PROPOSALS; TO REQUIRE THAT NOTIFICATION OF INTENT TO ACCEPT A PROPOSAL BY DFA AND THE P3 REVIEW BOARD BE FILED WITH THE SECRETARY OF STATE; TO REQUIRE DFA, THE P3 REVIEW BOARD AND THE SELECTED PRIVATE PARTNER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING SETTING FORTH THE CONDITIONS TO EXECUTION OF THE AGREEMENT WITHIN A CERTAIN PERIOD OF TIME AFTER BEING FILED; TO PROVIDE THAT THE FAILURE OF A SELECTED PRIVATE PARTNER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITHIN THE SPECIFIED TIME PERIOD CONSTITUTES A DEFAULT AND NULLIFIES ANY RIGHTS OF THE PRIVATE PARTNER IN THE PROPOSAL; TO INDEMNIFY CERTAIN OFFICIALS, EMPLOYEES OR MEMBERS OF THE GOVERNING BODY OF THE DEPARTMENT, THE P3 REVIEW BOARD OR THE STATE FROM PERSONAL LIABILITY FOR ANY DEFAULT OR BREACH BY THE STATE; TO REQUIRE ANY AGREEMENT ENTERED INTO TO COMPLY WITH STATE PUBLIC PURCHASING AND CONTRACTING LAWS; TO AUTHORIZE AN INSPECTION OF THE PROPERTY BY PRIVATE PARTNER BEFORE THE SUBMISSION OF THEIR PROPOSALS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For purposes of this act, the following words shall have the meaning ascribed to them in this section, unless the context requires otherwise:
(a) "Agreement" means the agreement between the State of Mississippi and a selected private entity that provides for the construction of a new Mississippi Department of Public Safety Highway Patrol State Headquarters Facility in Rankin County, Mississippi, and the redevelopment of the Mississippi Department of Public Safety Highway Patrol Headquarters Facility in Jackson, Hinds County, Mississippi, for mixed-use purposes.
(b) "Board" means the P3 Review Board established under Section 2 of this act, to review and approve public-private partnership agreements and administer the Mississippi Public-Private Partnership Act of 2018 through the promulgation of guidelines for the governance of such agreements.
(c) "Department" means the Department of Finance and Administration (DFA).
(d) "Property" means the Mississippi Department of Public Safety Highway Patrol Headquarters Facility in Jackson, Hinds County, Mississippi.
(e) "Proposal" means the document submitted to the department detailing the projected plans for the construction of a new Mississippi Department of Public Safety Highway Patrol State Headquarters Facility in Rankin County, Mississippi, and the redevelopment of the Mississippi Department of Public Safety Highway Patrol Headquarters Facility in Jackson, Hinds County, Mississippi, for mixed-use purposes.
(f) "Private Partner" means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, other private business entity or any combination thereof submitting the proposal for construction and redevelopment to the department for selection.
(g) "State" means the State of Mississippi.
Section 2. (1) There is created the P3 Review Board, for the purposes of reviewing and approving all public-private partnership agreements and the creation of guidelines governing all public-private partnership agreements. The board shall be comprised of nine (9) members, as follows:
(a) Two (2) members to be appointed by the Speaker of the House of Representatives;
(b) Two (2) members to be appointed by the Lieutenant Governor;
(c) The Secretary of State or, if the guidelines described in subsection 2(a) of this section are approved, his or her designee;
(d) The Executive Director of the Mississippi Department of Transportation or his or her designee;
(e) The Executive Director of the Mississippi Department of Finance and Administration or his or her designee;
(f) The Commissioner of the Mississippi Institutions of Higher Learning or his or her designee; and
(g) The Executive Director of the Mississippi Department of Environmental Quality or his or her designee.
At least one (1) of the appointed members of the board shall be a licensed member of the Mississippi Bar Association with expertise in representing responsible public entities in public works construction. Each appointed member of the board shall have subject matter experience in architecture, construction management, engineering, finance or real estate development. Appointed members of the board shall serve four-year terms and represent geographically diverse regions of the state to the extent practicable. Members of the board may be removed by the public official who appointed them upon written notice and shall appoint a successor as soon as reasonable thereafter.
(2) The board shall:
(a) Promulgate regulations by July 1, 2019, following a period of public review, setting forth a uniform process for the review, solicitation, evaluation, award, and delivery of public-private partnership agreements, including timeframes and requirements for public outreach prior to entering into a public-private partnership agreement on a selected proposal. The timeframes and requirements shall provide for a reasonable period of public review and comment;
(b) Make any recommendations to the Legislature and the Governor on any amendments to this chapter deemed helpful to carry out the purposes of this chapter;
(c) Make any recommendations to the departments and agencies of the state concerning any amendments to the regulations of each respective agency deemed necessary to carry out the purposes of this chapter;
(d) Review all public-private partnership agreements authorized by this chapter;
(e) Render any necessary advice to responsible public entities in order to accomplish the purposes of this chapter; and
(f) Retain and exercise approval power over all public-private partnership agreements prior to the responsible public entity executing a public-private partnership agreement.
(3) All responsible public entities shall follow the final regulations of the board with regard to any public-private partnership agreement subject to this chapter, however, a responsible public entity may also adopt supplemental guidelines for public-private partnerships other than those described in this section so long as such guidelines are supplemental to and not inconsistent with this chapter.
(4) The responsible public entity must assess, through a standardized screening process (as outlined in the regulations adopted by the board), whether a public-private partnership for a qualified project may provide a greater value added than traditional procurement. Such findings from the screening process shall be submitted to the P3 Review Board for review and approval prior to the responsible public entity entering into a public-private partnership agreement.
(5) The operations and activities of the board in carrying out the purposes of this chapter shall be administered by the Mississippi Department of Finance and Administration. The board shall elect from its membership a chairman and a vice chairman, each of whom shall perform the usual duties of such offices. The initial and subsequent chairman of the board shall be the Secretary of State. The initial chairman shall call the initial meeting of the board and shall serve while the regulations required to be promulgated by subsection (2)(a) of this section are approved by the board. The Executive Director of the Mississippi Department of Finance and Administration, or his or her designee, shall serve as secretary of the board. Five (5) members of the board shall constitute a quorum. The board may adopt a seal. At the request of the board, the Mississippi Department of Finance and Administration is authorized to employ such personnel, including administrative and clerical staff, as may be necessary for the board to comply with its duties and responsibilities pursuant to this chapter.
SECTION 3. (1) Acting on behalf of the Department of Public Safety, the Department of Finance and Administration, with the approval of the P3 Review Board, is authorized to enter into an agreement to lease of all or any portion of certain state-owned real property identified as the Mississippi Department of Public Safety Highway Patrol Headquarters Facility in Jackson, Hinds County, Mississippi, to an entity selected in the negotiation process by DFA for purposes of redevelopment for a term to be determined by parties to the agreement. The property shall be more particularly described in the lease agreement.
(2) (a) The property described in subsection (1) of this section shall be leased for private redevelopment in compliance with the provisions of this act to result in the highest and best use as determined by the Department of Finance and Administration and to ensure that the property is used in a manner that will not interfere with the operation of the University of Mississippi Medical Center or the G.V. (Sonny) Montgomery VA Medical Center.
(b) It is the intent of the Legislature that the property will be leased to a private developer selected by the Department of Finance and Administration and the P3 Review Board through the process prescribed by this act, for a term not to exceed fifty (50) years, unless by mutual agreement by the department and the board to approve a lease for a term not to exceed seventy (70) years, for the benefit of creating value by promoting economic growth in the area, and from which the revenue generated from the tenants occupying the redeveloped property shall be used to finance the construction of a new Mississippi Department of Public Safety Highway Patrol State Headquarters Facility in Rankin County, Mississippi.
(c) At the expiration of any lease term established by the department and the board, the property described in subsection (1) of this section shall revert to the state, which shall also maintain all mineral rights in the property during the lease term.
SECTION 4. (1) The Department of Finance and Administration shall advertise the availability of the Mississippi Department of Public Safety Highway Patrol Headquarters Facility and property in Jackson, Hinds County, Mississippi, described in Section 3 of this act for lease and redevelopment. Subject to the availability of funds, the department is authorized to implement and conduct a national advertising campaign to solicit requests for proposals for the lease and redevelopment of the property.
(2) The department and the P3 Review Board shall establish a deadline to receive proposals submitted by interested parties.
SECTION 5. (1) Proposals to lease and redevelop all or any part of the property described in Section 3 of this act must be considered by the department and the P3 Review Board. A party shall submit a lease proposal on the applicable redevelopment proposal form furnished by the department, accompanied by any appendices, exhibits, or other materials as the private partner desires, including the private partner's cost of projections for the construction of a new Mississippi Department of Public Safety Highway Patrol State Headquarters Facility in Rankin County, Mississippi, consistent with the construction documents commissioned for such project by the department. Proposals shall be subject to the requirements of each of the documents required by the department and the board on the forms developed for proposals.
(2) The department and the board shall conduct a preproposal conference at a time, date and location as agreed upon by both to be appropriate. Persons desiring notice if the preproposal conference will be held at a time other than the originally designated time, date and location, may submit a written request to receive notice to the department. The preproposal conference will be a forum to answer questions from potential respondents to the requests for proposals in a fair and open setting. The department may schedule one or more additional preproposal conferences. Parties desiring notice of any additional preproposal conferences may submit a written request to receive notice to the department.
(3) Each private partner shall submit ten (10) copies of its proposal to the department no later than 5:00 p.m. on the date of the deadline established by the department and the board. All copies shall be in an eight and one-half (8-1/2) inches by eleven (11) inches format, with graphics not exceeding eleven (11) inches by seventeen (17) inches. Nine (9) of the ten (10) copies shall be bound and one (1) of the copies shall remain unbound. All proposals shall be in an envelope plainly marked "Department of Public Safety Redevelopment and New Construction Proposal." All proposals must be received by the department by the deadline set for receipt of proposals.
(4) Each proposal to purchase all or a portion of the property shall include:
(a) A statement that the proposal is to lease and redevelop all or a portion of the property;
(b) A statement indicating whether the proposal is to lease all or a portion of the property, and if the proposal is with respect to a portion of the property, a statement identifying the portion of the property with respect to which the proposal is made;
(c) The lease price and/or other considerations offered for the property or applicable portion thereof, or the proposed method for determining the lease terms. Any proposal contingent upon the department's financing all or part of the lease must include detailed information concerning the proposed financing terms and any collateral which will secure such financing.
(d) A description of any variations from the form for the public-private partnership agreement for the lease and redevelopment of the Mississippi Department of Public Safety Highway Patrol State Headquarters Facility in Jackson, Hinds County, Mississippi, which the private partner will request; and
(e) A statement evidencing the private partner's agreement that, if the department and the board determine that it is in the best interest of the public to accept the proposal, the private partner will enter into a memorandum of understanding with the department under which, subject to satisfaction of conditions set forth in the agreement within time periods specified in the agreement, the department and the private partner will agree to enter into an agreement. The agreement shall be in substantially the form set forth by the department and the board, with any modifications, additions and changes that are specifically set forth in the proposal or that are mutually acceptable to the private partner and the department.
(5) In addition to the requirements of subsection (4) of this section, each proposal shall also include, at a minimum, the following:
(a) A description of the development team, including, as applicable:
(i) A description of the primary respondent and related principals;
(ii) A description of team members, including architects, consultants, contractors and major sub-contractors to be used for both the redevelopment of the current facilities in Jackson, Hinds County, Mississippi, and for the new headquarter facilities in Rankin County, Mississippi;
(iii) A description of development and redevelopment experience of team members and status of current projects including experiences related to the design, construction, leasing and management of urban real estate projects;
(iv) A description of similar experiences of team members in developing and redeveloping properties acquired from public owners through the public process;
(v) The ability to assemble additional property to increase the magnitude and impact of the proposed project if applicable; and
(vi) A statement showing the private partner's qualifications and financial responsibility on a form supplied by the department, which has been approved by the board;
(b) Details of the proposed redevelopment of the property or applicable portion thereof, including information addressing, without limitation:
(i) The project vision;
(ii) A development concept including narrative description and visual depictions;
(iii) A proposed redevelopment plan;
(iv) The anticipated types of uses;
(v) The approximate quantities and square footage for each use;
(vi) A development timeline from execution of a memorandum of understanding to completion of redevelopment; and
(vii) The preliminary project budget and fifteen-year cash-flow proforma;
(c) A comprehensive description of any governmental assistance or governmental participation in the proposed project which the private partner will request or require;
(d) A comprehensive description of all conditions upon the private partner's commitment to carry out redevelopment of the property or applicable portion thereof in accordance with the proposal;
(e) A comprehensive description of all conditions upon the private partner's commitment to carry out construction of a New Department of Public Safety Headquarters Facility in Rankin County, Mississippi, in accordance with the proposal; and
(f) Any other information as the private partner may determine to be appropriate to permit the department to determine the qualifications, experience and abilities of the private partner and to gain a complete understanding of the private partner's vision for the property.
SECTION 6. (1) In reviewing submitted proposals, the evaluation team selected by the department and the P3 Review Board shall consider proposals that are contingent upon the Department of Finance and Administration financing all or part of the lease price.
(2) The department and the board shall review and consider all proposals in light of all factors deemed relevant, including, without limiting the generality of its consideration, the following:
(a) The overall qualifications, financial stability, experience and past performance of the private partner;
(b) The experience of the private partner with respect to activities comparable to those covered by the proposal;
(c) The overall qualifications, financial stability, experience and past performance of the other members of the development team;
(d) The qualification and experience of staff to be assigned to the project;
(e) The proven ability of team members to successfully design and redevelop high quality, high-density projects in an urban setting;
(f) The legal ability of the private partner to carry out its proposal;
(g) The private partner's ability to secure or provide sufficient equity and construction and permanent financing for the proposed undertaking;
(h) The proposed use or uses of the property or applicable portion thereof;
(i) The cost, scope and scale of the proposed redevelopment and the amount of the investment to be made by the private partner;
(j) The projected impact of the proposed redevelopment on the University of Mississippi Medical Center and the G.V. (Sonny) Montgomery VA Medical Center, and the likelihood that the proposed redevelopment will be a catalyst for additional development and redevelopment;
(k) The overall financial attractiveness of the proposal, and the anticipated net economic effect to the state by the department's acceptance of the proposal, including, but not limited to:
(i) The proposed lease price or rental payments;
(ii) The projected tax revenues to be generated by and as a result of the proposed redevelopment; and
(iii) Any public assistance or incentives which the private partner intends to request.
(l) The projected timetable for the redevelopment;
(m) Any other specific terms or conditions required or requested in the proposal.
(3) (a) Representatives of the department and the board may commence review of a proposal at any time after its receipt;
(b) At any time after receipt of a proposal, representatives of the department and the board may request any additional information from the private partner as may be necessary to fully evaluate the proposal and the private partner's ability to carry out the proposal, including information concerning a private partner's qualifications or financial responsibility, and may discuss possible modifications to the proposal;
(c) At any time after receipt of a proposal, the private partner may be invited to make an oral presentation to, and to respond to questions from the department or the board; and
(d) At any time after the submission deadline, representatives of the department may negotiate with any or all parties submitting proposals concerning modifications to proposals.
(4) Following receipt and review of all proposals and all discussions and presentations, the department and the board shall evaluate and rank the proposals and, unless it recommends rejection of all proposals, may enter into a redevelopment agreement with the private partner receiving the highest evaluation or ranking.
(5) The department and the board shall select, unless it is determined to reject all proposals, one or more proposals and shall enter into negotiations with the party or parties submitting the proposal or proposals. At that time, all private partners shall be advised of the party or parties with whom negotiations are entered. If the department and the board determine to negotiate with more than one (1) party, the determination as to whether the redevelopment agreement will be entered into shall be made on the basis of the factors set forth above.
(6) If the department and the board determine not to accept any of the proposals, all private partners must be advised of that determination.
(7) The department and the board reserve the right:
(a) To reject any and all proposals;
(b) To waive any and all informalities and irregularities;
(c) To negotiate with any person or persons for proposals; and
(d) To waive clarifications and exceptions.
(8) If the department and the board determine that it is in the best interest of the public to accept a proposal, a notification of intent to accept the proposal shall be filed with the Secretary of State. At that time, a copy of the notification of intent shall also be delivered to the private partner designated as the "selected private partner." The department shall determine whether it is in the best interest of the public to accept a proposal and which proposal, if any, to accept within ninety (90) days of the submission deadline.
(9) Not less than thirty (30) days, and not more than ninety (90) days, after the date on which the notification of intent is filed, the department and the selected private partner shall enter into a memorandum of understanding setting forth the conditions to execution of a redevelopment and construction agreement, and the time schedule for determining whether those conditions can be met.
(10) The failure of the selected private partner to execute the memorandum of understanding within the prescribed time period, or within any extension as may be granted, based upon reasons determined sufficient by the department and the board, shall constitute a default, and the selected private partner shall have no further rights with respect to the proposal.
(11) For any selected proposal for the redevelopment-new development project, the department and the board shall obtain an independent audit of the proposal, including an assessment of projected usage and public costs, before the agreement is executed. The analysis shall be disclosed to the public prior to execution of a redevelopment-new development agreement. In addition to disclosing the independent audit to the public, the responsible public entity shall provide the audit to the chairmen of the House of Representatives Public Property, Ways and Means and Appropriations Committees, and to the chairmen of the Senate Public Property, Finance and Appropriation committees prior to the execution of an agreement.
SECTION 7. (1) If one or more proposals are received and reviewed before the submission deadline, every reasonable effort will be made to assure the confidentiality of information included in the proposal or proposals until the submission deadline. Neither the Department of Finance and Administration, the P3 Review Board, nor any director, employee, agent, attorney or other representative of either shall be liable for disclosure of any such information. Records of negotiation are exempt from disclosure under the Mississippi Public Records Act of 1983. Other information such as originality of design may only be protected under this section until a public-private partnership agreement is reached. Projects under federal jurisdiction or using federal funds must conform to federal regulations under the Freedom of Information Act. Subject to the foregoing requirements, the department and the board shall determine what is exempt from disclosure and shall otherwise comply with the Mississippi Public Records Act of 1983.
(2) If the department and the board and the selected private partner have not executed a memorandum of understanding within the time period established by subsection (9) of Section 6 of this act, or have not entered into a redevelopment and construction agreement within the time period specified in an executed memorandum of understanding, the department may undertake discussions and/or negotiations with one or more other parties that submitted proposals, with or without terminating any existing memorandum of understanding. In that event, if the department determines that it is in the best interest of the public to accept a different proposal, the department shall proceed with the actions described in subsections (8), (9), (10) and (11) of Section 6 of this act with respect to the other proposal.
SECTION 8. The selected private partner shall represent, warrant and covenant that no official, employee or member of a governing body of the State of Mississippi, the Department of Finance and Administration or the P3 Review Board, and no person who has been a member of a governing body of the state, the department or the board during the preceding one-year period, has or had any personal interest, direct or indirect, in any agreement entered into under the request for redevelopment proposals or the selected private partner. No official, employee or member of the governing body of the department, the board or the state shall be personally liable to the selected private partner or any successor in interest in the event of any default or breach by the department or for any amount which may become due to the selected private partner or successor in interest or on any obligations under the terms of any agreement entered into under the request for redevelopment proposals.
SECTION 9. The State of Mississippi is committed to the principle of nondiscrimination in public purchasing and contracting and the ideals of equal business opportunities for all persons in undertakings in which the state, its agencies and political subdivisions are involved. Any redevelopment and construction agreement must include provisions designed to assure substantive participation by minority business enterprises in the redevelopment of the property or applicable portion thereof, consistent with the goals and objectives of the state's public purchasing and contracting under Chapter 7, Title 31, Mississippi Code of 1972.
SECTION 10. Each private partner may inspect the property before submitting a proposal. Arrangements to enter the property should be made by contacting the offices of the Department of Finance and Administration and the P3 Review Board. Upon request, representatives of the department and the board shall meet with and make available any information concerning the property to any party who demonstrates an interest in submitting a proposal; however, no private partner shall rely upon any oral interpretation of this request for redevelopment and construction proposals.
SECTION 11. The Department of Finance and Administration may modify the documents in any respect at any time before the submission deadline, including, but not limited to, modifications to extend the submission deadline at any time either before or after the initial submission deadline. Every modification must be in the form of addenda to the documents. All addenda must be mailed to each person who received documents from the department and requested notices of addenda, but it shall be the private partner's responsibility to make inquiry as to the addenda issued. All such addenda shall become part of the documents and all private partners shall be bound by the addenda, whether or not received by the private partner, provided that no private partner shall be bound by an addendum, except one extending the submission deadline, which was not issued and placed on file in the office of the department at least five (5) days before the submission deadline, unless the private partner received notice of the addendum before the submission deadline. Any private partner that has submitted a proposal before the issuance of an addendum shall be promptly notified of the addendum and offered an opportunity to make any modifications to the proposal as deemed reasonably necessary to address the provisions of the addendum. All modifications shall be submitted to the department before the submission deadline.
SECTION 12. (1) Before entering into an agreement, the Department of Finance and Administration, as the responsible public entity, shall notify affected jurisdictions of such proposal by furnishing a copy of the proposal to each affected jurisdiction.
(2) Each affected jurisdiction may, within sixty (60) days after receiving the notice, submit in writing any comments to the department and the P3 Review Board on the project's potential impact and compatibility with local and regional budgets and infrastructure plans.
(3) The department and the board shall consider the comments of the affected jurisdiction before entering into an agreement with a private partner for the redevelopment and new development of the properties described in Section 3 of this act.
SECTION 13. This act shall take effect and be in force from and after July 1, 2018.
