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HB443 (BR1450) - L. Combs, S. Overly, R. Adkins, L. Belcher, J. Bell, H. Collins, R. Heath, C. Howard, R. Palumbo, R. Rand, J. Richards, G. Stumbo, T. Thompson, S. Westrom

     AN ACT relating to public-private partnerships and declaring an emergency.
     Amend KRS 45A.030 and 45A.075 and create a new section of KRS Chapter 45A to provide an explicit framework for the use of public-private partnerships (P3s) as an alternative method of procurement, construction, or financing of capital projects and services by state government; define terms and establish procurement procedures; establish certain oversight and General Assembly authorization requirements; amend KRS 175B.005, 175B.010, 175B.020, 175B.025 175B.030, 175B.035, 175B.040, 175B.045 and 175B.095 and create a new section of KRS Chapter 175B to provide for the use of P3 procurement pursuant to that chapter as an alternative method for developing and financing major transportation projects; define terms and amend the definition of a transportation project to align with current federal usage; make numerous conforming changes; provide that the provisions of this Act relating to state government P3 procurement shall apply only to projects initially undertaken on or after the effective date of this Act; EMERGENCY.


HB443 - AMENDMENTS

     HFA1( J. Fischer ) - Remove requirements to comply with prevailing wage law.
     HFA2( A. Simpson ) - In the case of a project connecting Kentucky with Ohio, require an additional, independent cost-benefit analysis to determine if any proposed use of a public-private partnership is in the best interests of the public.
     HFA3( A. Simpson ) - In the case of a project connecting Kentucky with Ohio utilizing a public-private partnership, require an additional, independent evaluation of likely traffic diversions that will result from the project, as well as the cost of infrastructure upgrades necessary to accommodate the diversions and a funding mechanism to make the upgrades.
     HFA4( A. Simpson ) - In the case of a project connecting Kentucky with Ohio, prohibit any form of non-compete clause from being included in any public-private partnership agreement.
     HFA5( A. Simpson ) - In the case of a project connecting Kentucky with Ohio, prior to submitting a proposed public-private partnership in connection with the project to the General Assembly for authorization thereof, require that the proposal to use a public-private partnership first be approved by the governing body of the local government in which the project is located.
     HFA6( A. Simpson ) - In the case of a project connecting Kentucky with Ohio utilizing a public-private partnership, require that all risks associated with project cost overruns and construction delays be borne by the private partners to the public-private partnership agreement.
     HFA7( A. Simpson ) - In the case of a project connecting Kentucky with Ohio utilizing a public-private partnership, require that any and all tolls imposed as part of the project expire upon the repayment of the initial construction debt.
     HFA8( A. Simpson ) - In the case of a project connecting Kentucky with Ohio utilizing a public-private partnership, require that the total, ultimate construction cost of each portion of the project lying entirely within each separate state, that is not borne by the federal government, shall be borne entirely by the relevant state, and that the cost of the bridge itself shall be borne equally by the Commonwealth and by the State of Ohio.
     HFA9( A. Simpson ) - In the case of a project connecting Kentucky with Ohio utilizing a public-private partnership, in which tolls are imposed, provide that the Commonwealth will not incur any risk or liability related to actual traffic volume and toll revenue.
     HFA10( A. Simpson ) - In the case of a project connecting Kentucky with Ohio, require that the maximum term of any concession agreement or provision, of any public-private partnership relating to the project, be limited to 35 years.
     HFA11( A. Simpson ) - Prohibit the use of tolls on any interstate project that connects Kentucky to Ohio.
     HFA12( J. Fischer ) - Remove requirements to comply with prevailing wage law.
     HFA13( A. Simpson ) - Provide that for a project undertaken pursuant to KRS Chapter 175B, which connects the Commonwealth with any adjoining state, a bi-state authority shall construct and finance the project and only the bi-state authority may enter into a public-private partnership as part of the project; make various conforming amendments.
     HFA14( A. Simpson ) - In the case of any project proposed under KRS Chapter 175B that exceeds $100 million in total cost, require an additional, independent cost-benefit analysis to determine if any proposed use of a public-private partnership is in the best interests of the public.
     HFA15( A. Simpson ) - In the case of any project proposed under KRS Chapter 175B that exceeds $100 million in total cost and which utilizes a public-private partnership, require an additional, independent evaluation of likely traffic diversions that will result from the project, as well as the cost of infrastructure upgrades necessary to accommodate the diversions and a funding mechanism to make the upgrades.
     HFA16( A. Simpson ) - In the case of any project proposed under KRS Chapter 175B that exceeds $100 million in total cost, prohibit any form of non-compete clause from being included in any public-private partnership agreement.
     HFA17( A. Simpson ) - In the case of any project proposed under KRS Chapter 175B that exceeds $100 million in total cost, and which is utilizing a public-private partnership, require that any and all tolls imposed as part of the project expire upon the repayment of the initial construction debt.
     HFA18( A. Simpson ) - In the case of any project proposed under KRS Chapter 175B that exceeds $100 million in total cost, require that the maximum term of any concession agreement or provision, of any public-private partnership relating to the project, be limited to 40 years.
     HFA19( L. Combs ) - Make technical changes to clarify definitions.
     SFA1( D. Thayer ) - Prohibit the use of tolls on any interstate project that connects Kentucky to Ohio.

     Feb 12, 2015 - introduced in House
     Feb 13, 2015 - taken from Committee on Committees (H); 1st reading; returned to Committee on Committees (H); to Appropriations & Revenue (H); posting waived; posted in committee
     Feb 23, 2015 - floor amendment (12) filed to Committee Substitute, floor amendments (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) and (11) filed; taken from Appropriations & Revenue (H); 2nd reading; returned to Appropriations & Revenue (H)
     Feb 24, 2015 - reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, February 25, 2015; floor amendments (13) (14) (15) (16) (17) (18) and (19) filed
     Feb 25, 2015 - floor amendments (2) (3) (4) (5) (6) (7) (8) (9) and (10) withdrawn ; 3rd reading; floor amendments (11) (15) and (16) defeated ; passed 84-13 with floor amendments (13) (14) and (17)
     Feb 26, 2015 - received in Senate
     Mar 04, 2015 - to Economic Development, Tourism & Labor (S)
     Mar 09, 2015 - floor amendment (1) filed
     Mar 11, 2015 - discharge petition filed