§ 48:2084 — Public private partnership projects; unsolicited and solicited proposals; approval by authority

A. Any proposal to develop or operate a transportation facility as a public- private partnership project under this Chapter shall be approved by the authority. Prior to the authority approving a proposal to develop or operate a transportation facility as a public-private partnership, the authority shall submit such proposal to the House and Senate Committees on Transportation, Highways and Public Works. The chairman of each committee shall call a public hearing within thirty days of receiving the proposal from the authority for the purpose of receiving information and public comments on the proposal. Transportation facility proposals may be initiated by a private entity or by the authority.
B. A private entity may submit an unsolicited proposal to the authority to develop or operate a qualifying transportation facility; however, the private entity shall apply to the authority for approval. The authority shall advertise any unsolicited proposal submitted by a private entity for the purposes of receiving competitive proposals for the same proposed qualifying transportation facility. Competitors shall have ninety days from the date of advertisement to submit competitive proposals to the authority. The authority shall charge a reasonable fee to cover its costs to process, review, and evaluate an unsolicited proposal submitted by a private entity. An unsolicited proposal for a qualifying transportation facility submitted by a private entity shall include all the following:
(1) A topographic map with a scale of 1:2,000, or other appropriate scale, that delineates the location of the proposed transportation facility.
(2) A detailed description of the proposed qualifying transportation facility, including a conceptual design of the facility and all proposed interconnections with existing or planned transportation facilities.
(3) The proposed date for acquisition, construction, or improvement of the proposed transportation facility.
(4) A statement setting forth the private entity's planned method of acquisition of all property interests required for the proposed qualifying transportation facility, including the nature of the property interests to be acquired, and a description of any property the private entity expects to request the authority to acquire.
(5) The transportation plan of each affected local jurisdiction, including a statement of the status of the proposed qualifying transportation facility.
(6) A preliminary list of local, state, or federal agency permits or approvals expected to be required in order to develop or operate the proposed qualifying transportation facility and a projected schedule for obtaining such permits or approvals.
(7) A preliminary list of public utility facilities expected to be crossed or relocated by the proposed qualifying transportation facility and a statement of the plans of the private entity to accommodate or relocate such crossings.
(8) A statement detailing the private entity's plan to finance, develop, and operate the proposed qualifying transportation facility, including identification of dedicated revenue sources and proposed debt or equity investments by the private entity or applicable public entities.
(9) The names and addresses of the persons who may be contacted for further information concerning the request.
(10) Any additional material and information reasonably requested by the authority.
C. In the case of solicited proposals, the authority is authorized to request proposals from private entities to develop or operate a transportation facility. The authority may charge a reasonable fee to cover its costs to process, review, and evaluate solicited proposals received in response to such requests.
D.(1) The authority may approve the proposal of a private entity to develop or operate a qualifying transportation facility upon finding that the proposal serves a public purpose. The authority shall consider the following factors to determine if a private entity proposal serves a public purpose:
(a) There is a public need for a transportation facility or facilities of the type the private entity proposes to develop or operate as a transportation facility.
(b) The transportation facility or facilities and the proposed interconnections with existing transportation facilities, and the private entity's plans for operation of the qualifying transportation facility or facilities are reasonable and not incompatible with the state transportation plan and with the local governmental entity's comprehensive plan or plans.
(c) The estimated cost of the transportation facility or facilities is reasonable in relation to other similar facilities.
(d) The private entity's proposal will result in the timely development or more efficient operation of the transportation facility.
(2) In evaluating any request, the authority may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.
E. Approval by the authority shall be subject to the private entity's entering into a comprehensive agreement with the authority. Additionally, the authority shall establish a date to commence the acquisition of property for the construction of a new transportation facility or a date to commence construction of improvements to an established transportation facility. The authority, in its discretion, may grant extensions of such dates.
F. The authority shall take appropriate action to protect trade secrets and other confidential, privileged, and proprietary information received from a private entity, including but not limited to information exempt from disclosure under the federal Freedom of Information Act or the Public Records Law. The authority may enter into confidentiality agreements in connection with any private entity proposal, comprehensive agreement, service contract, lease, or agreement for a qualifying transportation facility.

Legislative History

Acts 2006, No. 304, §1.