The Partnership Advisory Committee met to discuss planned improvements to the Capital grounds and the new Public-Private Partnerships Guidelines.
2016 Capitol Complex Master Plan

  • Sen. Kevin Eltife stresses the importance of having a “living document” to detail the upcoming changes to the capital grounds
  • Should be published for public viewing by the end of the week
  • Approved

Public/Private Partnerships

  • Committee is approving guidelines put forth in HB 2475
  • Rep. Donna Howard would like information that details the step-by-step development of guidelines, perhaps to be presented at a later date

Steven Halpin, Real Estate Attorney, Facilities Commission

  • Resource Witness
  • SB 1048 from 2011 required guidelines before TFC would consider unsolicited proposals
  • Guidelines were tabled because of cumbersome nature, lack of finality
  • HB 2475 eliminated unsolicited proposals, provided an endpoint to the RFP process
  • Old P3 statute was deemed “non-exclusive” in SB 1048, HB 2475 repealed this and the statute became “exclusive” (Facilities Commission became the pathway for P3 deals)
  •  SB 1048 provided for public comment at every local level, with new solicited RFP process P3 proposals will have to prospectively plan for local concerns, cities can choose to have a public hearing
  • Public comments taken in this way will be submitted with proposal
  • The “comprehensive agreement” sets out the final deal, this is reviewed by the PAC and adopted by the Facilities Commission
  • Rep. Howard would like a visual representation of the public comment process
  • Sen. Judith Zaffirini asks for an explanation of the contract advisory team
    • Comprehensive agreement is submitted to this team for review and comment
  • Sen. Kirk Watson wonders how the guidelines handle un-zoned property
    • RFP would require the developer to explain how they would address the local and zoning codes required by the municipality
    • State is hands off, developers are required to apply for zoning through the city, developers are entirely responsible for zoning, appeals, other regulatory concerns
  • Rep. John Otto asks if the Facilities Commission decides what ultimately goes into the comprehensive agreement
    • Every party that can touch and comment on the agreement would have input, Facilities Commission looks to “check off all the boxes” and approve the agreements
  • Approved