(1) A responsible public entity may issue a request for proposals or an invitation for bids for the development of a qualifying project if the responsible public entity determines that: There is a public need for or benefit to be derived from the type of qualifying project being proposed;
(2) The proposals or bids are anticipated to result in the timely development of the qualifying project; and
(3) The qualifying project being considered satisfies or is anticipated to satisfy any criteria stated in the rules promulgated under this chapter.
(4) The responsible public entity's development of a qualifying project is contingent on a private entity's entering into an interim agreement or a comprehensive agreement, or both, with the responsible public entity.
(5) Neither this chapter nor an interim agreement or a comprehensive agreement entered into under this chapter enlarges, diminishes, or affects the authority, if any, otherwise possessed by a responsible public entity to take action that would impact the debt capacity of the state.