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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