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. (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).
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