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2006 SESSION

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SB 541 Public-Private Partnership Advisory Commission; created, report.

Introduced by: Walter A. Stosch | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Public-Private Education Facilities and Infrastructure Act; review and implementation of qualifying projects; Public-Private Partnership Advisory Council.  Creates the Public-Private partnership Advisory Commission to review and advise responsible public entities that are agencies or institutions of the Commonwealth on proposals received pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) and proposed interim or comprehensive agreements pursuant to the Public-Private Transportation Act of 1995 (PPTA).  The bill also requires that the guidelines that must be adopted by responsible public entities as required by the PPEA include provisions for the financial review and analysis of the proposed qualifying project and the disclosure of such analysis to the appropriating body and consideration of nonfinancial benefits of a proposed qualifying project, and the bill contains technical amendments.

SUMMARY AS INTRODUCED:

Public-Private Education Facilities and Infrastructure Act; review and implementation of qualifying projects; Public-Private Partnership Advisory Council.  Requires the review of qualifying projects under the Public-Private Education Facilities and Infrastructure Act (PPEA) by the appropriating body, which is the body responsible for appropriating or authorizing funding for the project. The bill provides that any aspects of an interim or comprehensive agreement requiring an appropriation or continuing appropriation shall not be developed or operated by a private entity until such time that the appropriation is approved by the appropriating body. The bill also requires that the guidelines that must be adopted by responsible public entities include provisions for (i) the financial review and analysis of the proposed qualifying project and the disclosure of such analysis to the appropriating body, (ii) consideration of nonfinancial benefits of a proposed qualifying project, and (iii) a mechanism for the appropriating body to review the proposed interim or comprehensive agreement before it is finalized.  In addition, the bill establishes the Public-Private Partnership Advisory Council to advise the Governor and responsible public entities on the terms and conditions of proposed interim and comprehensive agreements.  The bill contains technical amendments.