As used in this part 12, unless the context otherwise requires: (1) "Private contribution" means the supply by a private entity of resources to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, equipment, expertise, data, or engineering, construction, or maintenance services. (2) "Public benefit" means a department grant of a right or interest in or concerning a transportation system project, including: (a) A lease or easement in, under, or above a state highway right-of-way, notwithstanding section 43-1-210; (b) Any use of state highway right-of-way that does not impair highway operation or safety, notwithstanding section 43-3-101 (3); (c) All or part of any revenue or income resulting from the private use of a state highway right-of-way; (d) A money payment for services from available funds; and (e) Any other benefit that is specifically authorized by law. (3) "Public-private initiative" means a nontraditional arrangement between the department and one or more private or public entities that provides for: (a) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service other than only a money payment; (b) Sharing of resources and the means of providing transportation system projects or services; or (c) Cooperation in researching, developing, and implementing transportation system projects or services. (4) "Retail goods and services" means all goods and services sold to the public other than communications services. (5) "Transportation system" means the state transportation infrastructure and related systems, including highways and toll roads open to the public and associated rights-of-way, bridges, vehicles, equipment, park and ride lots, transit stations, transportation management systems, intelligent vehicle highway systems, and other ground transportation systems. (6) "Unsolicited proposal" means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department but that is not in response to a formal solicitation or request issued by the department.
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