1 | A bill to be entitled |
2 | An act relating to transportation projects; amending s. |
3 | 334.30, F.S.; revising requirements for approval of |
4 | agreements between the Department of Transportation and |
5 | private entities for the building, operation, ownership, |
6 | or financing of transportation facilities; requiring a |
7 | public-private partnership to provide certain financial |
8 | benefits to the state and the counties where any tolls are |
9 | collected or where the facility is located; revising |
10 | provisions for agreements under which the department may |
11 | lease existing toll facilities through public-private |
12 | partnerships; limiting distribution of proceeds from |
13 | leases of facilities on the State Highway System to |
14 | funding improvement projects on the State Highway System; |
15 | providing requirements for selection of such projects; |
16 | requiring distribution of proceeds to be in accordance |
17 | with specified provisions; requiring certain coordination |
18 | between the department and counties and municipalities |
19 | where such tolls will be collected; requiring such |
20 | distributions to provide an increase in current funding; |
21 | requiring the department to share a required independent |
22 | analysis with the local governments impacted by any |
23 | proposed lease; amending s. 338.165, F.S.; providing |
24 | requirements for use of revenues generated pursuant to the |
25 | lease of an existing toll facility under specified |
26 | provisions; requiring that such revenue be used to pay |
27 | debt service on any bond indebtedness related to the |
28 | facility and for the construction, maintenance, or |
29 | improvement of any road on the State Highway System within |
30 | the county or counties in which the existing toll facility |
31 | is located; directing a metropolitan planning organization |
32 | in a county where a leased toll facility is located to |
33 | submit a list of projects to be funded; providing |
34 | requirements for such list; prohibiting funding for such |
35 | projects from supplanting funds committed in the |
36 | department's 5-year work program or from reducing future |
37 | allocations to a district; providing that use of funds is |
38 | subject to department approval; amending s. 339.135, F.S.; |
39 | restricting reductions in fund allocations to a county for |
40 | projects in the department's tentative work program; |
41 | providing an effective date. |
42 |
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43 | Be It Enacted by the Legislature of the State of Florida: |
44 |
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45 | Section 1. Subsections (1) and (2) and paragraphs (d) and |
46 | (e) of subsection (6) of section 334.30, Florida Statutes, are |
47 | amended to read: |
48 | 334.30 Public-private transportation facilities.--The |
49 | Legislature finds and declares that there is a public need for |
50 | the rapid construction of safe and efficient transportation |
51 | facilities for the purpose of traveling within the state, and |
52 | that it is in the public's interest to provide for the |
53 | construction of additional safe, convenient, and economical |
54 | transportation facilities. |
55 | (1) The department may receive or solicit proposals and, |
56 | with legislative approval as evidenced by approval of the |
57 | project in the department's work program, enter into agreements |
58 | with private entities, or consortia thereof, for the building, |
59 | operation, ownership, or financing of transportation facilities. |
60 | The department may advance projects programmed in the adopted 5- |
61 | year work program or projects increasing transportation capacity |
62 | and greater than $500 million in the 10-year Strategic |
63 | Intermodal System Plan using funds provided by public-private |
64 | partnerships or private entities to be reimbursed from |
65 | department funds for the project as programmed in the adopted |
66 | work program. The department shall by rule establish an |
67 | application fee for the submission of unsolicited proposals |
68 | under this section. The fee must be sufficient to pay the costs |
69 | of evaluating the proposals. The department may engage the |
70 | services of private consultants to assist in the evaluation. |
71 | Before approval, the department must determine that the proposed |
72 | project: |
73 | (a) Is in the public's best interest; |
74 | (b) Would not require state funds to be used unless the |
75 | project is on the State Highway System; |
76 | (c) Would have adequate safeguards in place to ensure that |
77 | no additional costs or service disruptions would be realized by |
78 | the traveling public and residents of the state in the event of |
79 | default or cancellation of the agreement by the department; |
80 | (d) Would have adequate safeguards in place to ensure that |
81 | the department or the private entity has the opportunity to add |
82 | capacity to the proposed project and other transportation |
83 | facilities serving similar origins and destinations; |
84 | (e) Would provide transportation funding benefits to the |
85 | state and the counties where any tolls are collected or where |
86 | the facility is located, which benefits are above the funding |
87 | levels projected without the public-private partnership in the |
88 | department's adopted work program; and |
89 | (f)(e) Would be owned by the department upon completion or |
90 | termination of the agreement. |
91 |
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92 | The department shall ensure that all reasonable costs to the |
93 | state, related to transportation facilities that are not part of |
94 | the State Highway System, are borne by the private entity. The |
95 | department shall also ensure that all reasonable costs to the |
96 | state and substantially affected local governments and |
97 | utilities, related to the private transportation facility, are |
98 | borne by the private entity for transportation facilities that |
99 | are owned by private entities. For projects on the State Highway |
100 | System, the department may use state resources to participate in |
101 | funding and financing the project as provided for under the |
102 | department's enabling legislation. |
103 | (2) Agreements entered into pursuant to this section may |
104 | authorize the private entity to impose tolls or fares for the |
105 | use of the facility. The following provisions shall apply to |
106 | such agreements: |
107 | (a) With the exception of the Florida Turnpike System, the |
108 | department may lease existing toll facilities through public- |
109 | private partnerships. The public-private partnership agreement |
110 | must ensure that the transportation facility is properly |
111 | operated, maintained, and renewed in accordance with department |
112 | standards. |
113 | (b) Where leasing of existing toll facilities through |
114 | public-private partnerships is considered on the State Highway |
115 | System, the department must limit the distribution of proceeds |
116 | from such leases to funding improvements on the State Highway |
117 | System. Improvements to be funded shall be selected from the |
118 | department's adopted 5-year work program, projects contained in |
119 | the 10-year Strategic Intermodal System Plan that increase |
120 | transportation capacity, or projects included within the long- |
121 | range transportation plan of the local metropolitan planning |
122 | organizations for the counties where tolls will be collected |
123 | under the lease. The department shall make every effort to |
124 | select projects from the list provided by the local metropolitan |
125 | planning organization under s. 338.165(7)(b). All projects |
126 | selected shall be consistent with the Florida Transportation |
127 | Plan. |
128 | (c) Proceeds from leasing of existing toll facilities |
129 | through public-private partnerships on the State Highway System |
130 | must be distributed in accordance with the provisions of s. |
131 | 338.165. Prior to awarding a lease for existing toll facilities |
132 | to any public-private partnership, the department shall |
133 | coordinate with local governments within the county or counties |
134 | where tolls will be collected as a part of such lease. As part |
135 | of the coordination, the department must provide the county or |
136 | counties with the details of the intended county-by-county |
137 | distribution of proceeds from the lease. The coordination shall |
138 | also include a review of projects contained on the transmittal |
139 | of a list of projects to be funded by lease proceeds in |
140 | accordance with paragraph (b). |
141 | (d) Distribution of the lease proceeds must represent an |
142 | increase in funding to the affected county equal to the lease |
143 | amount over and above the current funding contained within the |
144 | adopted 5-year work program of the department or the 10-year |
145 | Strategic Intermodal System Plan for each of the counties |
146 | affected. |
147 | (e)(b) The department may develop new toll facilities or |
148 | increase capacity on existing toll facilities through public- |
149 | private partnerships. The public-private partnership agreement |
150 | must ensure that the toll facility is properly operated, |
151 | maintained, and renewed in accordance with department standards. |
152 | (f)(c) Any toll revenues shall be regulated by the |
153 | department pursuant to s. 338.165(3). The regulations governing |
154 | the future increase of toll or fare revenues shall be included |
155 | in the public-private partnership agreement. |
156 | (g)(d) The department shall provide the analysis required |
157 | in subparagraph (6)(e)2. to the Legislative Budget Commission |
158 | created pursuant to s. 11.90 for review and approval prior to |
159 | awarding a contract on a lease of an existing toll facility. |
160 | (h)(e) The department shall include provisions in the |
161 | public-private partnership agreement that ensure a negotiated |
162 | portion of revenues from tolled or fare generating projects are |
163 | returned to the department over the life of the public-private |
164 | partnership agreement and,. in the case of a lease of an |
165 | existing toll facility, shall include a minimum amount due to |
166 | the department, as follows: |
167 | 1. The amount shall exceed, on an annualized basis, the |
168 | department's existing annual revenues related to the facility |
169 | prior to the lease. |
170 | 2. The department shall receive a portion of funds upon |
171 | closing on the agreements and shall also include provisions in |
172 | the agreement to receive payment of a portion of excess revenues |
173 | over the life of the public-private partnership, and such funds |
174 | shall be subject to the provisions of this subsection, s. |
175 | 338.165, or s. 338.26. |
176 | (i)(f) The private entity shall provide an investment |
177 | grade traffic and revenue study prepared by an internationally |
178 | recognized traffic and revenue expert that is accepted by the |
179 | national bond rating agencies. The private entity shall also |
180 | provide a finance plan that identifies the project cost, |
181 | revenues by source, financing, major assumptions, internal rate |
182 | of return on private investments, and whether any government |
183 | funds are assumed to deliver a cost-feasible project, and a |
184 | total cash flow analysis beginning with implementation of the |
185 | project and extending for the term of the agreement. |
186 | (6) The procurement of public-private partnerships by the |
187 | department shall follow the provisions of this section. Sections |
188 | 337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18, |
189 | 337.185, 337.19, 337.221, and 337.251 shall not apply to |
190 | procurements under this section unless a provision is included |
191 | in the procurement documents. The department shall ensure that |
192 | generally accepted business practices for exemptions provided by |
193 | this subsection are part of the procurement process or are |
194 | included in the public-private partnership agreement. |
195 | (d) After the public notification period has expired, the |
196 | department shall rank the proposals in order of preference. In |
197 | ranking the proposals, the department may consider factors that |
198 | include, but are not limited to, professional qualifications, |
199 | general business terms, innovative engineering or cost-reduction |
200 | terms, finance plans, the estimated transportation funding |
201 | benefits to the state and counties where the project is located |
202 | compared with public ownership and operation of the project, and |
203 | the need for state funds to deliver the project. If the |
204 | department is not satisfied with the results of the |
205 | negotiations, the department may, at its sole discretion, |
206 | terminate negotiations with the proposer. If these negotiations |
207 | are unsuccessful, the department may go to the second-ranked and |
208 | lower-ranked firms, in order, using this same procedure. If only |
209 | one proposal is received, the department may negotiate in good |
210 | faith and, if the department is not satisfied with the results |
211 | of the negotiations, the department may, at its sole discretion, |
212 | terminate negotiations with the proposer. Notwithstanding this |
213 | subsection, the department may, at its discretion, reject all |
214 | proposals at any point in the process up to completion of a |
215 | contract with the proposer. |
216 | (e) The department shall provide an independent analysis |
217 | of the proposed public-private partnership that demonstrates the |
218 | cost-effectiveness and overall public benefit at the following |
219 | times: |
220 | 1. Prior to moving forward with the procurement; and |
221 | 2. If the procurement moves forward, prior to awarding the |
222 | contract. |
223 |
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224 | The department must share the initial findings of the |
225 | independent analysis with the local governments impacted by any |
226 | proposed lease to demonstrate the overall public benefit. |
227 | Section 2. Subsections (7) and (8) of section 338.165, |
228 | Florida Statutes, are renumbered as subsections (8) and (9), |
229 | respectively, and a new subsection (7) is added to that section |
230 | to read: |
231 | 338.165 Continuation of tolls.-- |
232 | (7) Notwithstanding any other provision of this section, |
233 | revenues generated pursuant to the lease of an existing toll |
234 | facility as provided in s. 334.30, including any funds received |
235 | upon closing on the public-private partnership agreement, shall |
236 | be used on an annual basis in the following order: |
237 | (a) To pay debt service on any bond indebtedness related |
238 | to the facility. |
239 | (b) For the construction, maintenance, or improvement of |
240 | any road on the State Highway System within the county or |
241 | counties in which the existing toll facility is located. |
242 | 1. A metropolitan planning organization in a county where |
243 | a leased toll facility is located shall, with its annual |
244 | submission pursuant to s. 339.175(8)(b), submit a list of |
245 | projects to be funded from revenues paid to the department |
246 | pursuant to s. 334.30(2)(h), including the priority of such |
247 | projects. The list of projects submitted shall be consistent |
248 | with the Florida Transportation Plan. |
249 | 2. Funding for such projects may not be used to supplant |
250 | existing funds already committed in the department's adopted 5- |
251 | year work program or to reduce future allocations to a district |
252 | pursuant to s. 339.135. |
253 | 3. The use of such funds for a specific project is subject |
254 | to department approval. |
255 | Section 3. Paragraph (a) of subsection (4) of section |
256 | 339.135, Florida Statutes, is amended to read: |
257 | 339.135 Work program; legislative budget request; |
258 | definitions; preparation, adoption, execution, and amendment.-- |
259 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- |
260 | (a)1. To assure that no district or county is penalized |
261 | for local efforts to improve the State Highway System, the |
262 | department shall, for the purpose of developing a tentative work |
263 | program, allocate funds for new construction to the districts, |
264 | except for the turnpike enterprise, based on equal parts of |
265 | population and motor fuel tax collections. Funds for |
266 | resurfacing, bridge repair and rehabilitation, bridge fender |
267 | system construction or repair, public transit projects except |
268 | public transit block grants as provided in s. 341.052, and other |
269 | programs with quantitative needs assessments shall be allocated |
270 | based on the results of these assessments, provided that no |
271 | county's allocation shall be reduced to an amount less than that |
272 | produced by equal parts of population and motor fuel tax |
273 | collections without the affected county's consent. The |
274 | department may not transfer any funds allocated to a district |
275 | under this paragraph to any other district except as provided in |
276 | subsection (7). Funds for public transit block grants shall be |
277 | allocated to the districts pursuant to s. 341.052. Funds for the |
278 | intercity bus program provided for under s. 5311(f) of the |
279 | federal nonurbanized area formula program shall be administered |
280 | and allocated directly to eligible bus carriers as defined in s. |
281 | 341.031(12) at the state level rather than the district. In |
282 | order to provide state funding to support the intercity bus |
283 | program provided for under provisions of the federal 5311(f) |
284 | program, the department shall allocate an amount equal to the |
285 | federal share of the 5311(f) program from amounts calculated |
286 | pursuant to s. 206.46(3). |
287 | 2. Notwithstanding the provisions of subparagraph 1., the |
288 | department shall allocate at least 50 percent of any new |
289 | discretionary highway capacity funds to the Florida Strategic |
290 | Intermodal System created pursuant to s. 339.61. Any remaining |
291 | new discretionary highway capacity funds shall be allocated to |
292 | the districts for new construction as provided in subparagraph |
293 | 1. For the purposes of this subparagraph, the term "new |
294 | discretionary highway capacity funds" means any funds available |
295 | to the department above the prior year funding level for |
296 | capacity improvements, which the department has the discretion |
297 | to allocate to highway projects. |
298 | Section 4. This act shall take effect July 1, 2009. |