HJ72: Seaports; joint subcommittee to study public-private partnership.


HOUSE JOINT RESOLUTION NO. 72
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Rules
on February 5, 2008)
(Patron Prior to Substitute—Delegate Purkey)
Establishing a joint subcommittee to study public-private partnerships regarding seaports in Virginia. Report.

WHEREAS, the seaports of Virginia are major sources of employment and provide a stimulus for other economic activity not only in the localities wherein they are located but across the Commonwealth; and

WHEREAS, the seaports of Virginia will continue to grow as part of the import and export trade; and

WHEREAS, the seaports of Virginia are strategically advantaged to deliver the port capacity to meet this growth; and

WHEREAS, the future worldwide development of seaports will include public and private investment in new capacity; and

WHEREAS, the Virginia General Assembly encourages and supports the use of public-private partnerships in the development of transportation infrastructure; and

WHEREAS, public-private partnerships may lead to improvements in service to the people and businesses of Virginia, and also to potential financial benefits through involvement of private capital and financial resources; and

WHEREAS, public-private partnerships may result in a reduction in the need for the commitment of taxpayer dollars in transportation programs without any diminution of service, along with other benefits available to business and the general public; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study public-private partnerships regarding seaports in Virginia. The joint subcommittee shall have a total membership of 19 members that shall consist of 10 legislative members and 9 nonlegislative citizen members. Members shall be appointed as follows: six members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; four members of the Senate to be appointed by the Senate Committee on Rules; five nonlegislative citizen members representing the port-oriented transportation business community to be appointed by the Speaker of the House of Delegates; and four nonlegislative citizen members representing the port-oriented transportation business community to be appointed by the Senate Committee on Rules. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall:

1. Examine different operating and financing mechanisms for addressing seaport development, including both public and private approaches to such efforts. Such work will include an examination of the current operating and management structure of the Commonwealth-owned port facilities;

2. Identify the total cost of future development of Virginia’s seaport including the refurbishment and enhancement of existing and planned future seaport facilities;

3. Determine the surface transportation impacts of the import and export of trade through Virginia’s seaports and the gaps in today’s surface transportation. Included within this determination shall be the impact of future development of the seaport;

4. Recommend the priorities of addressing the related surface transportation needs throughout the Commonwealth by 2015, 2025, and 2035; and

5. Hold public hearings to solicit public comment on the work of the joint subcommittee.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2008 interim and four meetings for the 2009 interim, and the direct costs of this study shall not exceed $13,600 for each year without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings for the first year by November 30, 2008, and for the second year by November 30, 2009, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the next Regular Session of the General Assembly for each year. Each executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summaries and reports shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2008 and 2009 interims.

HOUSE JOINT RESOLUTION NO. 72
Offered January 9, 2008
Prefiled January 4, 2008
Establishing a joint subcommittee to study privatization of seaports in Virginia. Report.
Patron-- Purkey

Committee Referral Pending

WHEREAS, the seaports of Virginia are major sources of employment and provide a stimulus for other economic activity not only in the localities wherein they are located but across the Commonwealth; and

WHEREAS, recent years have seen an increase both in public-private partnerships and in direct privatization involving various forms of transportation and transportation programs; and

WHEREAS, public-private partnerships have shown they lead not only to improvements in service to the people and businesses of Virginia, but also to potential financial benefits through involvement of private capital and financial resources; and

WHEREAS, privatizations can result in a reduction in the need for the commitment of taxpayer dollars in transportation programs without any diminution of service, along with other benefits available to business and the general public; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study privatization of seaports in Virginia. The joint subcommittee shall have a total membership of 29 members that shall consist of 17 legislative members and 12 nonlegislative citizen members. Members shall be appointed as follows: 10 members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; seven members of the Senate to be appointed by the Senate Committee on Rules; four nonlegislative citizen members representing the port-oriented transportation business community to be appointed by the Speaker of the House of Delegates, four nonlegislative citizen members representing the port-oriented transportation business community to be appointed by the President pro tempore of the Senate; and four nonlegislative citizen members representing the port-oriented transportation business community to be appointed by the Governor. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall:

1. Define privatization (i) by determining the form of privatization the ports of Virginia might and should take and (ii) by identifying private sector consultants to be involved who have expertise in port management operation, financing, asset evaluation, and other depth of knowledge vital to the study;

2. Identify potential funding sources for the study, realizing the magnitude and complexity of the study, including but not limited to the Virginia Port Authority, the U.S. Department of Defense, other federal departmental funds, private funding, state funding, and combinations of various other sources;

3. Form nonlegislatively and nongubernatorially appointed task forces to assist in the study, including every affected business sector; the federal, state and local government sectors; the Office of the Attorney General, and others; and

4. Evaluate existing operations and operators that will have beneficial consequences for competitiveness and long-term benefits to Virginia.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2008 interim, and the direct costs of this study shall not exceed $21,800 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings by November 30, 2008, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2009 Regular Session of the General Assembly. The executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2008 interim.