Raised Bill No. 5359
February Session, 2014
LCO No. 1447
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
AN ACT ESTABLISHING THE PUBLIC-PRIVATE PARTNERSHIP COMMISSION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) There is established the Public-Private Partnership Commission within the Department of Administrative Services. The commission shall make recommendations to the Governor concerning projects submitted by state agencies to the Governor under subsection (a) of section 4-256 of the general statutes, as amended by this act.
(b) The commission shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives;
(2) One appointed by the president pro tempore of the Senate;
(3) One appointed by the minority leader of the House of Representatives;
(4) One appointed by the minority leader of the Senate;
(5) Two appointed by the Governor; and
(6) The Commissioner of Administrative Services, or a designee.
(c) All appointments to the commission shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority. Members shall serve until January 1, 2015, at which point the commission shall terminate. Members of the commission shall receive no compensation for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.
(d) The members of the commission shall elect a chairperson of the commission from among the members of the commission. Such chairperson shall schedule the first meeting of the commission, which shall be held not later than sixty days after the effective date of this section. A majority of the members of said commission shall constitute a quorum for the transaction of any business. Any action taken by said commission shall be by majority vote of those present.
(e) Not later than fifteen days after receipt of an agency submittal of a project under section 4-256 of the general statutes, as amended by this act, the commission shall meet to consider such project and make recommendations concerning such project. Not later than five days after any such meeting, the commission shall submit any recommendations concerning such project to the Governor.
Sec. 2. Section 4-256 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) On and after October 27, 2011, and prior to January 1, 2015, the Governor shall approve not more than five projects to be implemented as public-private partnership projects. The Governor shall not approve any such project unless the Governor finds that the project will result in job creation and economic growth. Any agency seeking to establish a public-private partnership shall, after consultation with the Commissioners of Economic and Community Development, Administrative Services and Transportation, the State Treasurer and the Secretary of the Office of Policy and Management, submit one or more projects to the Governor for approval.
(b) In determining whether a project is suitable for a public-private partnership agreement, the agency shall conduct an analysis of the feasibility, desirability and the convenience to the public of the project and whether the project furthers the public policy goals of section 4-255, this section and sections 4-257 to 4-263, inclusive, taking into consideration the following, when applicable:
(1) The essential characteristics of the proposed facility;
(2) The projected demand for use of the facility and its economic and social impact on the community and the state;
(3) The technical function and feasibility of the project and its conformity with the state plan of conservation and development adopted under chapter 297;
(4) The benefit to clients of the agency and the public as a whole;
(5) An analysis of the value provided for the cost of the project, that at a minimum includes a cost-benefit analysis, an assessment of opportunity costs and any nonfinancial benefits of the project;
(6) Any operational or technological risk associated with the proposed project;
(7) The cost of the investment to be made and the economic and financial feasibility of the project;
(8) An analysis of public versus private financing on a present value basis, and the eligibility of the project for other public funds from local or federal government sources;
(9) The impact to the state's finances of undertaking the project by the agency; and
(10) The advantages and disadvantages of using a public-private partnership rather than having the state agency perform the function.
(c) An agency shall not include a project solely based upon the amount of potential revenue generated by such project.
(d) Any agency submitting a project in accordance with subsection (a) of this section shall at the same time transmit, in accordance with the provisions of section 11-4a, a copy of its submission to the Public-Private Partnership Commission established under section 1 of this act and to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations and the budgets of state agencies. Said committees shall hold public hearings on any such submission.
(e) The Governor shall notify the agency when a project has been approved as a public-private partnership project.
(f) On or before January 15, 2013, and annually thereafter, the Governor shall report, in accordance with the provisions of section 11-4a, to the General Assembly concerning the status of the public-private partnerships established under this section.
This act shall take effect as follows and shall amend the following sections:
Statement of Purpose:
To establish the Public-Private Partnership Commission to make recommendations to the Governor concerning agency requests for projects to be made into public-private partnerships.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]