RCW 47.47.090: Public interest finding.

(1) The department may evaluate eligible transportation projects that are already programmed for other delivery methods to determine their appropriateness for delivery under a public-private partnership model. (2) Before entering into a formal solicitation or procurement to develop a project as a public-private partnership, the department must make formal findings that utilizing a public-private partnership delivery method is in the public's interest. The department must adopt rules detailing the process and criteria for making such findings. At a minimum, the criteria must consider whether: (a) Public ownership of the asset can be retained; (b) Transparency during the consideration of a public-private partnership agreement can be provided; (c) Public oversight of the private entity's management of the asset can be provided; and (d) Additional criteria that reflects the legislative findings in RCW 47.47.010 . (3) Before commencing any solicitation to deliver the project as a public-private partnership, the department must provide an opportunity for public comment on the proposed project and delivery method. (4) Upon a finding of public interest pursuant to subsection (2) of this section, the department must provide written notification of their finding of public interest and intent to deliver the project as a public-private partnership to the general public, to the chairs and ranking members of the transportation committees of the legislature, and to the governor. (5) Upon a finding of public interest pursuant to subsection (2) of this section, the department may: (a) Solicit concepts or proposals for the identified public-private partnership project from private entities and units of government; (b) Evaluate the concepts or proposals received under this section. The evaluation under this subsection must include consultation with any appropriate unit of government; and (c) Select potential projects based on the concepts or proposals.