HB1658: Public-Private Transportation Act of 1995; public entities shall provide notice of receipt, etc.


HOUSE BILL NO. 1658
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on General Laws and Technology
on February 16, 2011)
(Patron Prior to Substitute--Delegate Purkey)
A BILL to amend and reenact § 56-559 of the Code of Virginia, relating to the Public-Private Transportation Act of 1995; review of certain proposals initiated by private entities.

Be it enacted by the General Assembly of Virginia:

1.  That § 56-559 of the Code of Virginia is amended and reenacted as follows:

§ 56-559. Prerequisite for operation.

A. Any private entity seeking authorization under this chapter to develop and/or operate a transportation facility shall first obtain approval of the responsible public entity under § 56-560. Such private entity may initiate the approval process by requesting approval pursuant to subsection A of § 56-560 or the responsible public entity may request proposals pursuant to subsection B of § 56-560.

B. Any responsible public entity that is an agency or institution of the Commonwealth receiving a detailed proposal from a private entity for a qualifying transportation facility that is a port facility as defined in § 62.1-140 shall provide notice of the receipt of such proposal to the Public-Private Partnership Advisory Commission established in § 30-279.


HOUSE BILL NO. 1658
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Delegate Purkey
on February 7, 2011)
(Patron Prior to Substitute--Delegate Purkey)
A BILL to amend and reenact § 56-559 of the Code of Virginia, relating to the Public-Private Transportation Act of 1995; review of certain proposals initiated by private entities.

Be it enacted by the General Assembly of Virginia:

1.  That § 56-559 of the Code of Virginia is amended and reenacted as follows:

§ 56-559. Prerequisite for operation.

A. Any private entity seeking authorization under this chapter to develop and/or operate a transportation facility shall first obtain approval of the responsible public entity under § 56-560. Such private entity may initiate the approval process by requesting approval pursuant to subsection A of § 56-560 or the responsible public entity may request proposals pursuant to subsection B of § 56-560.

B. Any responsible public entity that is a state agency receiving a detailed proposal from a private entity for a qualifying transportation facility that is a port facility as defined in § 62.1-140 shall submit such proposal to the Public-Private Partnership Advisory Commission for review pursuant § 30-280.

HOUSE BILL NO. 1658
Offered January 12, 2011
Prefiled January 10, 2011
A BILL to amend and reenact § 56-575.3 of the Code of Virginia, relating to the Public-Private Education Facilities and Infrastructure Act of 2002; legislative review of certain proposals initiated by private entities.
Patron-- Purkey

Referred to Committee on General Laws

Be it enacted by the General Assembly of Virginia:

1.  That § 56-575.3 of the Code of Virginia is amended and reenacted as follows:

§ 56-575.3. Prerequisite for operation of a qualifying project.

A. Any private entity seeking authorization under this chapter to develop or operate a qualifying project shall first obtain approval of the responsible public entity under § 56-575.4. Such private entity may initiate the approval process by requesting approval pursuant to subsection A of § 56-575.4 or the responsible public entity may request proposals or invite bids pursuant to subsection B of § 56-575.4.

B. Any facility, building, infrastructure or improvement included in a proposal as a part of a qualifying project shall be identified specifically or conceptually.

C. Upon receipt by the responsible public entity of a proposal submitted by a private entity initiating the approval process pursuant to subsection A of § 56-575.4, the responsible public entity shall determine whether to accept such proposal for consideration in accordance with § 56-575.16. If the responsible public entity determines not to accept for consideration the proposal submitted by the private entity pursuant to subsection A of § 56-575.4, it shall return the proposal, together with all fees and accompanying documentation, to the private entity.

D. The responsible public entity may reject any proposal initiated by a private entity pursuant to subsection A of § 56-575.4 at any time.

E. Responsible public entities that are state agencies shall obtain approval from the General Assembly before accepting any proposal initiated by a private entity that includes a facility, building, infrastructure, or asset with a potential market value of $10 million or more.