22 CAR § 101-110 – Conditions

(a) Eminent domain.
1. (1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project.
2. (2) The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed under this part.
3. (3) Damages awarded to a third party in an eminent domain action may be included in the development budget for the qualifying project.
4. (4) An RPE may dedicate any real or personal property interest, including land, improvements, and tangible personal property, through lease, sale, or otherwise, to the qualified respondent to facilitate a qualifying project if so doing will serve the public purpose of the Partnership for Public Facilities and Infrastructure Act, Arkansas Code § 22-10-101 et seq.
(b) The Partnership for Public Facilities and Infrastructure Act does not waive the sovereign immunity of a public entity or the officers or employees of the public entity or extend a public entity’s sovereign immunity to any private entity.
(c) Records related to a qualifying project that are provided to or compiled or developed by a public entity, the Chief Fiscal Officer of the State, or the Governor in furtherance of the entity's or officer's powers, duties, or obligations under the Partnership for Public Facilities and Infrastructure Act are exempt under Arkansas Code § 25-19-105(b)(9)(A), as files that would give an advantage to competitors or bidders.
(d)
1. (1) Private entities and RPEs may utilize any funding sources legally available to them including without limitation:
  1. (A) Issuing debt, equity, or other securities or obligations;
  2. (B) Entering into leases;
  3. (C) Tax credits;
  4. (D) Operating revenues;
  5. (E) Accessing designated trust funds; and
  6. (F) Borrowing or accepting grants from any state, federal, or private source.
2. (2) However, any bonds issued by an RPE under the Partnership for Public Facilities and Infrastructure Act:
  1. (A) Shall state plainly on the face of the bonds that they are issued under the Partnership for Public Facilities and Infrastructure Act;
  2. (B) Are obligations only of the RPE;
  3. (C) Do not constitute an indebtedness of the state or a pledge of the full faith and credit of the state;
  4. (D) Shall not be secured by a lien or security interest in any property of the state;
  5. (E) May be secured by a pledge of the project revenues; and
  6. (F) May be secured by a security interest in, or lien on, real or personal property of the qualified respondent, including any property interests in the qualifying project.
(e) The Partnership for Public Facilities and Infrastructure Act is supplemental to all other powers conferred by law and does not restrict or limit any powers that a public entity has under any other law.
(f) The expenditure of state funds in support of an interim or comprehensive agreement requires legal appropriations prior to expenditure of funds.
(g)
1. (1) Any comprehensive agreement entered into by an RPE may include terms and conditions specific to the procurement of services or materials related to the qualifying project.
2. (2) In selecting a qualified respondent, Arkansas Code § 19-11-801 et seq., applies.
3. (3) Competitive bidding shall not be used.
(h)
1. (1) A lawsuit brought concerning the validity of the Partnership for Public Facilities and Infrastructure Act, bonds issued under the Partnership for Public Facilities and Infrastructure Act, or the execution and delivery of an interim agreement or comprehensive agreement is of public interest and shall be advanced by the court and heard as a preferred cause of action.
2. (2) An appeal from a judgment or decree rendered in such a case shall be taken within thirty (30) calendar days after the judgment or decree is rendered.