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Introduced Version - Originating in Committee Senate Concurrent Resolution 55 History

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SENATE CONCURRENT RESOLUTION NO. 55

(By Senator Beach, Klempa, D. Facemire, Kirkendoll, Tucker and Barnes)

 

[Originating in the Committee on Transportation and Infrastructure]

 

 

Requesting the Joint Committee on Government and Finance to study the need to modify the Public-Private Transportation Facilities Act.

    Whereas, In 2008, the West Virginia Legislature found and declared (1) that there is a public need for timely acquisition or construction of and improvements to transportation facilities within the state that are compatible with state and local transportation plans; (2) that public need may not be wholly satisfied by existing ways in which transportation facilities are acquired, constructed or improved; (3) that authorizing private entities to acquire, construct or improve one or more transportation facilities may result in the availability of transportation facilities to the public in a more timely or less costly manner, thereby serving the public health, safety, convenience and welfare and the enhancement of the residential, agricultural, recreational, economic, commercial and industrial opportunities; (4) that providing a mechanism for the solicitation, receipt and consideration of proposals submitted by private entities for the purposes described in this section serves the public purpose of this article to the extent that the action facilitates the timely acquisition or construction of or improvement to a qualifying transportation facility or the continued operation of a qualifying transportation facility; and (5) that providing for the expansion and acceleration of transportation financing using innovative financing mechanisms, including, but not limited to, design-build contracting and financing arrangements, will add to the convenience of the public and allow public and private entities to have the greatest possible flexibility in contracting with each other for the provision of the public services which are the subject of the Public-Private Transportation Facilities Act; and

    Whereas, The West Virginia Legislature enacted the Public-Private Transportation Facilities Act in 2008; and

    Whereas, The Public-Private Transportation Facilities Act currently provides that the Division of Highways may not enter into any comprehensive agreements with a developer after June 30, 2013; and

    Whereas, It should be studied and examined whether it would be in the best interest of West Virginia if the Division of Highways could enter into comprehensive agreements with a developer after June 30, 2013; and

    Whereas, The Public-Private Transportation Facilities Act currently provides that the Division of Highways may not enter into a comprehensive agreement until the comprehensive agreement has been approved by the Legislature by the adoption of a concurrent resolution and, if approved by the Legislature, has also been approved by the Governor; and

    Whereas, It should be studied and examined whether it would be in the best interest of West Virginia if such required approval of comprehensive agreements by the Legislature and the Governor as mandated by the Public-Private Transportation Facilities Act be stricken and instead replaced with a more expedited approval process, such as through approval by the Secretary of the Department of Transportation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need to modify the Public-Private Transportation Facilities Act; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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