A. As used in the Oklahoma Public and Private Facilities and Infrastructure Act:

1. "Contract" means any purchase and sale agreement, lease, service agreement, franchise agreement, concession agreement or other written agreement entered into under the Oklahoma Public and Private Facilities and Infrastructure Act with respect to the provision of a public service and any project related thereto;

2. "Improvement" means any instruction, reconstruction, rehabilitation, renovation, installation, improvement, enlargement or extension of property or improvements to property;

3. "Partnership Committee" means a committee consisting of nine (9) members, three members appointed by the President Pro Tempore of the Senate, three members appointed by the Speaker of the House of Representatives, two representatives of the Office of Management and Enterprise Services (OMES), and a representative of the Department of Commerce, to be appointed by the Governor. Five members of the Partnership Committee shall constitute a quorum. The Partnership Committee shall act only upon a decision of a majority of appointed members;

4. "Private sector entity" means any corporation, whether for profit or not for profit, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, joint venture or other entity, but shall not mean the state, a political subdivision of the state, or a public or governmental entity, agency or instrumentality of the state;

5. "Project" means real or personal property, or both, and improvements thereto or in support thereof, including undivided and other interests therein, used for or in the provision of a public service;

6. "Proposer" means a private sector entity, a local or regional public entity or agency, or any group or combination thereof, submitting qualifications or a proposal for a public-private partnership contract;

7. "Public service" means a service provided for a public purpose of a responsible state agency and identified in an invitation for qualifications or proposals under the Oklahoma Public and Private Facilities and Infrastructure Act; and

8. "Responsible state agency" means the agency, department, commission, authority or other instrumentality of the state responsible for the provision of the public service which is or is proposed to be the subject of a contract. Any such agency that is subject to The Oklahoma Central Purchasing Act, the Public Competitive Bidding Act, the Oklahoma State Finance Act and the Oklahoma Privatization of the State Functions Act shall comply with these laws.

B. The Oklahoma Department of Transportation and the Oklahoma Turnpike Authority shall be exempt from the Oklahoma Public and Private Facilities and Infrastructure Act. However, the Oklahoma Department of Transportation and the Oklahoma Turnpike Authority may utilize the general provisions and process described herein to develop a public-private partnership contract for a transportation improvement in consultation with the Director of OMES and subject to the approval of the Oklahoma Transportation Commission or the Oklahoma Turnpike Authority Board as applicable.

Added by Laws 2017, c. 251, § 2, eff. Nov. 1, 2017. Amended by Laws 2019, c. 282, § 1.