State entities; procurement by using public-private partnerships. (SB860)

Introduced By

Sen. Louise Lucas (D-Portsmouth)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Procurement by state entities using public private partnerships; Public-Private Transportation Act; Public-Private Education Facilities and Infrastructure Act of 2002. Provides that no real property asset that produces annual average revenue for the Commonwealth of $10 million or more over the five most recent fiscal years, or $10 million revenue for the Commonwealth in the most recent fiscal year, may be (i) the subject of any lease, concession agreement, or similar type of agreement that transfers to a nongovernmental entity possession or control of the asset for more than 10 years at a time, including any renewal, (ii) sold, or (iii) securitized as a part of a qualified transportation facility under the Public-Private Transportation Act of 1995 or a qualified project under the Public-Private Education Facilities and Infrastructure Act of 2002 unless it has been declared to be surplus property. The bill also requires any comprehensive agreement for a qualifying transportation facility where the responsible public entity is a state entity to provide a summary containing the major business points of the agreement to the Public-Private Partnership Advisory Commission for review and comment. In addition, the bill provides that any proposed comprehensive agreement for a qualifying transportation facility, when the responsible public entity is an agency or institution of the Commonwealth, that (i) creates state tax-supported debt, (ii) requires a level of appropriation beyond the appropriation received by the responsible public entity in the most recent appropriation act, or (iii) alters the Commonwealth's discretion to change the level of services or the funding for such services over time must be reviewed by the General Assembly prior to execution. Read the Bill »


01/28/2013: Failed to Pass in Committee


01/03/2013Prefiled and ordered printed; offered 01/09/13 13103247D
01/03/2013Referred to Committee on General Laws and Technology
01/28/2013Passed by indefinitely in General Laws and Technology (12-Y 3-N) (see vote tally)