State Legislative Update

Christopher D. LloydMcGuireWoods Consulting

July 21, 2015

Major Themes

• Increased transparency and legislative oversight

• Technical fixes• Few new entrants (GA and NJ)• Opposition increasingly organized

Virginia

• HB 1886 (Jones) passes in wake of 460 collapse• Requires “finding of public interest” by

Secretary of Transportation prior to PPTA use• Creates process for identifying high risk projects• Increases legislative oversight of PPTA• Requires re-certification of project prior to final

agreement

Georgia

• Passes comprehensive social P3 statute along Virginia/Florida model (SB 59 - Hill)

• Resolved Deal administration concerns about state property impacts

• Excludes higher education• Few protections for confidential information• Creates legislative panel to develop guidelines

(has 1 year to draft)• Emerging success stories on transportation P3

District of Columbia

• Councilwoman Bowser (now Mayor) leads year long effort to create VA-MD hybrid legislation (Resolution 20-595)

• Receives strong industry and labor support• Passed with strong Council vote• Includes several DC specific provisions• Recruitment for P3 office director has started

Maryland

• Technical changes regarding performance bonds and other forms of security (HB 936)

• All eyes on Purple Line procurement• Red Line has been terminated

New Mexico

• Considers Virginia model legislation (HB 299)• Makes major concessions to labor• Well organized opposition from water

activists, public unions• Passes House (GOP controlled), fails to get full

hearing in Senate (Democrat controlled)• Martinez administration still supportive

Missouri

• Virginia/Florida model proposed (HB 206 – Curtman)

• Strong House leadership support • Passes initial House hearing, fails to advance• Significant political turmoil in state likely

derailed• I-70 effort advancing

Arkansas

• Virginia/Florida model social P3 legislation (HB 1111 – Sabin)

• Representative Sabin also wanted to tackle transportation P3

• Stalled in committee – legislature ran out of time

New Jersey

• SB 2489 (Sweeney) • Broad based legislation for buildings and

transportation• Permits availability payments• Requires contractor “qualification”• Economic Development Authority review

required, highway projects require additional State Treasurer review

• Awaiting final approval

Texas

• HB 2475 established Center for Alternative Procurement and Finance to assist with review and evaluation of proposals

• Eliminated unsolicited proposal option• Efforts to broaden use of public property

defeated• Few success stories

Questions/Comments?

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