OLR Bill Analysis
AN ACT ESTABLISHING THE PUBLIC-PRIVATE PARTNERSHIP COMMISSION.
This bill creates a nine-member Public-Private Partnership (P3) Commission within the Department of Administrative Service (DAS) to review state agency proposals for implementing a proposed project as a partnership between the state and a private party. By law, the governor must approve no more than five projects structured in this manner.
Under the bill:
1. state agencies submitting P3 project proposals to the governor must also submit them to the commission;
2. the commission must meet within 15 days of receiving a proposal; and
3. within five days of a meeting, the commission must submit any recommendations about a P3 proposal to the governor.
The bill terminates the commission on January 1, 2015.
EFFECTIVE DATE: Upon passage
Under the bill, the commission consists of:
1. one member appointed by each of the six legislative leaders,
2. two members appointed by the governor, and
3. the DAS commissioner or his designee.
The bill requires appointing authorities to (1) make their appointments within 30 days after the bill's passage and (2) fill any vacancies. The House speaker and Senate president pro tempore select the commission's chairpersons, who must schedule and hold the first meeting within 60 days after the bill's passage. Members are reimbursed for necessary expenses in performing their duties but are not otherwise compensated.
The bill makes a majority of commission members a quorum to transact business and a majority of those present may vote to take action.
P3 Project Approval Process
The law establishes eligibility criteria for proposing P3 projects, requirements for their submission and approval, and required terms and conditions of the agreement between the agency and the private entity. Among other things, state and quasi-public agencies seeking to participate in a P3 project must analyze its feasibility, desirability, convenience to the public, and furtherance of public policy goals. Agencies must consult with various state officials and submit their proposed P3 projects to the governor and send copies to the Finance, Revenue and Bonding and Appropriations committees. The committees must hold a public hearing on any submissions they receive.
Between October 27, 2011 and January 1, 2015, the governor can approve up to five public P3 projects that he finds will create jobs and economic growth.
Government Administration and Elections Committee
Joint Favorable Substitute