Revision: Feb. 2, 2016, midnight
\t \t\tSB 549-FN - AS INTRODUCED
2016 SESSION
\t16-2983
\t06/10
SENATE BILL\t549-FN
AN ACT\trelative to public-private partnerships for intermodal infrastructure and transportation and establishing the public-private infrastructure oversight commission.
SPONSORS:\tSen. Lasky, Dist 13; Sen. D'Allesandro, Dist 20; Sen. Daniels, Dist 11; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Pierce, Dist 5; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Cloutier, Sull. 10; Rep. M. O'Brien, Hills. 36
COMMITTEE:\tTransportation
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ANALYSIS
\tThis bill authorizes the commissioner of the department of transportation to enter into certain contracts with private entities.
\tThis bill also establishes the public-private partnership infrastructure oversight commission.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2983
\t06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to public-private partnerships for intermodal infrastructure and transportation and establishing the public-private infrastructure oversight commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Purpose Statement. Public-private partnerships allow for the sharing of resources to finance, design, build, operate, and maintain multimodal transportation infrastructure projects and are especially effective when limited financial resources are available. Such partnerships provide for shared financial responsibilities between the private sector and a public agency. To accomplish that, a clear and succinct law needs to be implemented that considers our infrastructure requirements, delineates responsibilities and commitments, and identifies risks and rewards of both parties. Public-private partnership legislation is designed to address these issues in order to attract the needed investment to sustain and promote growth while maintaining our multimodal infrastructure.
\t2 New Paragraph; Transportation Administration; Powers of the Commissioner. Amend RSA 228:21 by inserting after paragraph II the following new paragraph:
\t\tIII. The commissioner may enter into agreements with private entities for design-build-finance-operate-maintain or design-build-operate-maintain services for intermodal infrastructure and transportation projects under RSA 228:107 through RSA 228:113.
\t3 New Subdivision; Public-Private Partnership Projects. Amend RSA 228 by inserting after section 106 the following new subdivision:
Public-Private Partnership Projects
\t228:107 Public-Private Partnership Infrastructure Oversight Commission Established. There is established a public-private partnership infrastructure oversight commission to comment on and approve or deny all requests for proposals for design-build-finance-operate-maintain or design-build-operate-maintain services and to act as an advisory board during the execution of a public-private partnership project.
\t228:108 Membership.
\t\tI. The commission established in RSA 228:107 shall have 7 members, 4 of whom shall be appointed by the governor and 3 of whom shall reside in different geographic regions of the state, for terms of 2 years; one member to be appointed by the president of the senate for a term of 2 years; one member to be appointed by the speaker of the house of representatives for a term of 2 years; and one member to be appointed by the state treasurer, who shall not be an employee of the state treasurer, for a term of 2 years.
\t\tII. Each member of the commission shall be an expert with experience in the fields of transportation law, public policy, public finance, management consulting, transportation, or organizational change; provided, however, that one of the members appointed by the governor shall be an expert in the field of public finance, and one member appointed by the governor shall be an expert in the field of transportation. The governor shall appoint a chairperson from among the members. The members appointed by the governor may be eligible for reappointment; provided, however, that no such member shall serve for more than 3 terms.
\t\tIII. No person shall be appointed to the commission who was registered with the secretary of state as a lobbyist under RSA 15 within the prior 5-year period; no member shall have been a member or employee of the general court or an employee of the executive branch for a period of 2 years prior to his or her appointment; and no member shall have been employed by an organization that has business before the department, or any predecessor agency or authority, for a period of at least 2 years prior to his or her appointment.
\t228:109 Duties. The commission shall:
\t\tI. Assure that any public-private partnership agreement is the result of internal planning and is compliant with the planning process.
\t\tII. Perform an analysis to determine whether a project is suitable for a public-private partnership.
\t\tIII. Provide a method and structure for using public advisors for strategic planning, proposal evaluations, and project monitoring and utilize public professionals on a case by case basis.
\t\tIV. Provide criteria for qualifications to bid per project, including but not limited to, adequate equipment to perform, financial stability, and proven record on projects of this type.
\t\tV. Provide for the submission of unsolicited proposals, including setting qualification criteria for unsolicited proposals and establishing a process for evaluating unsolicited proposals.
\t\tVI. Establish a budget for the purpose of hiring qualified private and public support personnel on an as needed basis and allow for the use of these funds for determining qualification criteria and proposal evaluations.
\t\tVII. Provide a general framework for public-private partnership contracts that establishes a process for the submittal and evaluation of all such projects and provides a format and forms to enable the bidder to easily comply with the requirements including terms and conditions.
\t\tVIII. Encourage public input.
\t228:110 Procedure. Whenever the department notifies the commission of its intent to issue a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the department shall submit a draft of the request for proposal to the commission for its review and approval or denial. No request for proposal shall be issued by the department for a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services without the commission's written approval. The commission shall provide an initial written response to the request for proposal within 15 days.
\t228:111 Report.
\t\tI. For each request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the commission shall report on issues surrounding the request for proposal including, but not limited to:
\t\t\t(a) The status of current employees.
\t\t\t(b) The policy and regulatory structure for overseeing a privately operated transportation facility and on-going legislative oversight.
\t\t\t(c) Issues of taxation, profit-sharing, and resolution of new revenue producing ideas.
\t\t\t(d) Advertising and marketing.
\t\t\t(e) Use of new technologies.
\t\t\t(f) Lease terms and termination clauses.
\t\t\t(g) Additional responsibilities by both the private infrastructure operator and the state during the lease period.
\t\t\t(h) The financial valuation of the state transportation facility.
\t\t\t(i) Issues of public concern.
\t\t\t(j) The anticipated advantages of entering into the anticipated public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services.
\t\tII. The report shall be delivered within 30 days of the commission's approval or denial of a request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain services to the chairpersons of the house and senate finance committees, the house and senate ways and means committees, and the house and senate transportation committees.
\t228:112 Contributions from Other States. When a project involves one or more other states, the commissioner may receive and accept capital contributions and funding from such other states and may approve the transfer of support personnel and experts.
\t228:113 Liability Insurance. Any contract for public-private design-build-finance-operate-maintain or design-build-operate-maintain services shall provide for securing and maintaining a liability insurance policy for contractors and engineers in the design phase of a project which shall be limited to 10 percent of the cost of such project. A certificate of liability compliance shall be included in the bid.
\t4 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2983
\t\t\t\t\t\t\t\t\t\t\t1/28/16
SB 549-FN- FISCAL NOTE
AN ACT\trelative to public-private partnerships for intermodal infrastructure and transportation and establishing the public-private infrastructure oversight commission.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Transportation, who was contacted on 01/20/16 relative to the potential fiscal impact of this bill. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.