2024 -- S 3122 | |
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LC006065 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- PUBLIC-PRIVATE | |
PARTNERSHIP INFRASTRUCTURE PROGRAM | |
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Introduced By: Senators DiPalma, Ciccone, and Gallo | |
Date Introduced: May 31, 2024 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 13.2 |
4 | PUBLIC-PRIVATE PARTNERSHIP INFRASTRUCTURE PROGRAM |
5 | 42-13.2-1. Short title. |
6 | This chapter shall be known and may be cited as the "Public-Private Partnership |
7 | Infrastructure Program." |
8 | 42-13.2-2. Definitions. |
9 | As used in this chapter, the following words shall have the following meanings, unless the |
10 | context clearly requires otherwise: |
11 | (1) "Affected jurisdiction" means any city or town, or other unit of government within the |
12 | state in which all or part of a qualified facility is located or any other public entity directly affected |
13 | by the qualified facility. |
14 | (2) "Architectural and engineering services" means: |
15 | (i) Professional services of an architectural or engineering nature, as defined by applicable |
16 | state law, which are required to be performed or approved by a person licensed, registered or |
17 | certified to provide such services as described in this definition; |
18 | (ii) Professional services of an architectural or engineering nature performed by contract |
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1 | that are associated with research, planning, development, design, construction, alteration or repair |
2 | of real property; and |
3 | (iii) Such other professional services of an architectural or engineering nature or incidental |
4 | services, which members of the architectural and engineering professions and employees thereof |
5 | may logically or justifiably perform, including: studies, investigations, surveying, mapping, tests, |
6 | evaluations, consultations, comprehensive planning, program management, conceptual designs, |
7 | plans and specifications, value engineering, construction phase services, soils engineering, drawing |
8 | reviews, preparation of operating and maintenance manuals and other related services. |
9 | (3) "Construction" means the process of building, altering, repairing, improving or |
10 | demolishing any qualified facility, including any structure, building or other improvements of any |
11 | kind to real property. "Construction" shall not include the routine operation, routine repair or |
12 | routine maintenance of any existing qualified facility, including structures, buildings or real |
13 | property. |
14 | (4) "Contract" means any agreement, including a public-private agreement for the |
15 | procurement, operation or disposal under this chapter of a qualified facility by the department. |
16 | (5) "Contract modification" means any written alteration in specifications, delivery point, |
17 | rate of delivery, period of performance, price, quantity or other provisions of any contract |
18 | accomplished by mutual action of the parties to the contract. |
19 | (6) "Contractor" means any person having a contract with the department pursuant to the |
20 | provisions of this chapter. |
21 | (7) "Cooperative purchasing" means procurement conducted by, or on behalf of, an |
22 | affected jurisdiction. |
23 | (8) "Department" means any department of state government in accordance with § 42-6-1. |
24 | (9) "Design-build-finance-operate-maintain" means a project delivery method in which the |
25 | department enters into a single contract for design, construction, finance, maintenance and |
26 | operation of a qualified facility over a contractually defined period. Any potential available |
27 | payments to be appropriated by the state while services are being provided by the contractor during |
28 | the contract period shall be identified in the request for proposals and contract. The financial |
29 | amount and duration of such potential available payments, and the terms and conditions upon which |
30 | they may be appropriated, shall be identified in the request for proposals and contract. |
31 | (10) "Design-build-operate-maintain" means a project delivery method in which the |
32 | department enters into a single contract for design, construction, maintenance and operation of a |
33 | qualified facility over a contractually defined period and all or a portion of the funds required to |
34 | pay for the services provided by the contractor during the contract period shall either be |
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1 | appropriated by the state or by the department prior to award of the contract or secured by the state |
2 | or by the department through fare or user charges. |
3 | (11) "Design requirements" means the written description of the qualified facility or service |
4 | to be procured under this chapter including: |
5 | (i) Required features, functions, characteristics, qualities and properties required by the |
6 | department; |
7 | (ii) The anticipated schedule, including start, duration and completion; and |
8 | (iii) Estimated budgets as applicable to the specific procurement for design, construction, |
9 | operation and maintenance; provided, however, that design requirements may include drawings |
10 | and other documents illustrating the scale and relationship of the features, functions and |
11 | characteristics of the project. |
12 | (12) "Force majeure" means an uncontrollable force or natural disaster not within the power |
13 | of the operator or the state. |
14 | (13) "Independent peer reviewer services" means additional architectural and engineering |
15 | services provided to the department in design-build-operatemaintain or design-build-finance- |
16 | operate-maintain procurements to confirm that the key elements of the professional engineering |
17 | and architectural design provided by the contractor are in conformance with the applicable standard |
18 | of care. |
19 | (14) "Large-scale construction project" means a construction project subject to this chapter |
20 | with a total projected cost value at or in excess of twenty-five million dollars ($25,000,000). |
21 | (15) "Maintenance" means and includes routine operation, routine maintenance, routine |
22 | repair, rehabilitation, capital maintenance, maintenance replacement and any other categories of |
23 | maintenance that may be designated by the department. |
24 | (16) "Material default" means failure of a contractor to perform any duties under a public- |
25 | private agreement which jeopardizes delivery of adequate service to the public which remains |
26 | unsatisfied after a reasonable period of time and after the operator has received written notice from |
27 | the department of the failure. |
28 | (17) "Operate" means any action to operate, maintain, repair, rehabilitate, improve, equip |
29 | or modify a qualified facility, including the design and construction of repairs, improvements or |
30 | modifications to a qualified facility. |
31 | (18) "Operator" means a private entity that has entered into a public-private agreement to |
32 | provide design-build-finance-operate-maintain or designbuild-operate-maintain services under |
33 | this chapter. |
34 | (19) "Private entity" means a natural person, corporation, general partnership, limited |
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1 | liability company, limited partnership, joint venture, business trust, public benefit corporation, |
2 | nonprofit entity or other business entity. |
3 | (20) "Proposal development documents" means drawings and other design-related |
4 | documents that are sufficient to fix and describe the size and character of a qualified facility as to |
5 | architectural, structural, mechanical and electrical systems, materials and such other elements as |
6 | may be appropriate to the applicable project delivery method. |
7 | (21) "Public-private agreement" means the contract between a private entity/operator and |
8 | the department that relates to the development, financing, maintenance or operation of a qualified |
9 | facility subject to this chapter. |
10 | (22) "Qualified facility" or "facility" means a new or existing ferry, airport, public |
11 | transportation facility, terminal facility, vehicle parking facility, seaport facility, rail facility, |
12 | intermodal facility or similar facility open to the public and used for the transportation of persons |
13 | or goods, any building, structure or networks of buildings, structures, pipes, controls and |
14 | equipment, including rolling stock and equipment that provide transportation services, water supply |
15 | facility, water treatment intake and distribution facility, waste water treatment and collection |
16 | facility, waste treatment facility, hospital, library, school, educational facility, medical or nursing |
17 | care facility, recreational facility, state agency facility, public safety facility and any building, |
18 | structure, parking area, appurtenances or other property needed to operate such facility that is |
19 | subject to a public-private agreement. |
20 | (23) "Request for proposals" means all documents, whether attached to or incorporated by |
21 | reference, utilized for soliciting proposals for a qualified facility under this chapter. |
22 | (24) "Responsible bidder" means a person who has the capability in all respects to fully |
23 | perform the contract requirements, and the integrity and reliability to assure good faith |
24 | performance. |
25 | (25) "Responsive bidder" means a person who has submitted a bid which conforms in all |
26 | material respects to the invitation for bids. |
27 | (26) "User fees" means the rate, fee or other charges imposed by an operator or by the |
28 | department for use of all or part of a qualified facility. |
29 | (27) "Utility" means a privately, publicly or cooperatively owned line, facility or system |
30 | for producing, transmitting or distributing communications, cable television, power, electricity, |
31 | light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway |
32 | drainage, or any other similar commodity, including any fire or police signal system or street |
33 | lighting system, which directly or indirectly serves the public. |
34 | 42-13.2-3. Establishment of special public-private partnership infrastructure |
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1 | oversight commission. |
2 | (a) There is hereby established a special public-private partnership infrastructure oversight |
3 | commission to comment on and approve all requests for proposals for design-build-finance- |
4 | operate-maintain or design-build-operate-maintain services. |
5 | (b) The commission shall have seven (7) members to be appointed by the governor for a |
6 | term of two (2) years. One of whom shall be a representative from the Rhode Island Society of |
7 | Professional Engineers and three (3) of whom shall reside in different geographic regions of the |
8 | state. One of whom shall be an expert in the field of transportation and one of whom shall be an |
9 | expert in the field of public finance. Each member of the commission shall be an expert with |
10 | experience in either the fields of transportation, law, construction, labor, engineering, real estate, |
11 | public policy, public finance or management consulting. One of the members shall be appointed |
12 | by the governor to serve as chairperson of the commission. The members appointed by the governor |
13 | may be eligible for reappointment; provided, however, that no such member shall serve for more |
14 | than three (3) terms. |
15 | (c)(1) No member shall have been a registered lobbyist, as defined in chapter 139.1 of title |
16 | 42, for a period of at least five (5) years prior to his or her appointment, nor shall any commission |
17 | member have been a member or employee of the general assembly or an employee of the executive |
18 | branch for a period of two (2) years prior to his or her appointment. |
19 | (2) In the event that the department director was employed by an organization that has |
20 | business before the department, or any predecessor agency or authority, for a period of at least two |
21 | (2) years prior to his or her appointment, the governor shall appoint an appropriate replacement |
22 | from within the department to fulfill the duties of the department required by this chapter. |
23 | (d) Whenever the department notifies the commission of its intent to issue a request for |
24 | proposal for design-build-finance-operate-maintain or design-build-operate-maintain services, the |
25 | department shall submit a draft of the request for proposal to the commission for its review and |
26 | approval. Pursuant to § 42-13.2-4, no request for proposal shall be issued by the department for a |
27 | public-private agreement for design-build-finance-operate-maintain or design-build-operate- |
28 | maintain services without the commission's written approval. The commission shall provide an |
29 | initial written response to the request for proposal within fifteen (15) days, and shall request any |
30 | information necessary to comply with subsection (e) of this section. |
31 | (e) For each request for proposal for design-build-finance-operate-maintain or design- |
32 | build-operate-maintain services, the commission shall report on issues surrounding the request for |
33 | proposal including, but not limited to: |
34 | (1) The status of current employees; |
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1 | (2) The policy and regulatory structure for overseeing a privately-operated facility and on- |
2 | going legislative oversight; |
3 | (3) Issues of taxation, profit-sharing and resolution of new revenue producing ideas; |
4 | (4) Advertising and marketing; |
5 | (5) Use of new technologies; |
6 | (6) Lease terms and termination clauses; |
7 | (7) Additional responsibilities by both the private infrastructure operator and the state |
8 | during the lease period; |
9 | (8) The financial valuation of the state facility; |
10 | (9) Issues of public concern; and |
11 | (10) The anticipated advantages of entering into the anticipated public-private agreement |
12 | for design-build-finance-operate-maintain or design-build-operate-maintain services. |
13 | (f) The report shall be delivered within thirty (30) days of the commission's approval of a |
14 | request for proposal for design-build-finance-operate-maintain or design-build-operate-maintain |
15 | services to the director of administration, the house and senate committees on finance, the speaker |
16 | of the house and the senate president. |
17 | (g) Any research, analysis or other staff support that the commission reasonably requires |
18 | shall be provided by the department. |
19 | 42-13.2-4. Issuance of contracts. |
20 | (a) Notwithstanding any general or special law to the contrary, the director of the |
21 | department, in conjunction with the special public-private partnership infrastructure oversight |
22 | commission established in § 42-13.2-3, may solicit proposals and enter into contracts for design- |
23 | build-finance-operate-maintain or design-build-operate-maintain services with the responsible and |
24 | responsive bidder submitting the proposal that is most advantageous to the department through the |
25 | sale, lease, operation and maintenance of a facility within the state; provided, however, that the |
26 | proposal shall be in full compliance with all applicable requirements of federal, state and local law, |
27 | including chapters 13, 14.1 and 14.3 of title 37; provided further, that any such contract shall not |
28 | be subject to the competitive bid requirements set forth in chapter 2 of title 37; and provided further, |
29 | that each such contract shall be awarded pursuant to chapter 13 of title 37. |
30 | (b) In soliciting and selecting a private entity/operator with which to enter into a public- |
31 | private agreement for design-build-finance-operate-maintain or design-build-operate-maintain |
32 | services, the department shall utilize the following competitive sealed proposals procurement |
33 | approach: |
34 | (1) Each request for proposals for design-build-operate-maintain and design-build-finance- |
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1 | operate-maintain services; |
2 | (i) Shall include design requirements, and shall provide notice that the contractor is |
3 | required to comply with § 37-13-6, and that all contractors and subcontractors performing or |
4 | assisting in work on the project worksite shall pay their laborers, mechanics, teamsters, other craft |
5 | members and employees employed under the contract no less than the locally prevailing wage and |
6 | benefits for corresponding work on similar projects in the state; |
7 | (ii) Shall solicit proposal development documents; and |
8 | (iii) May, if the department determines that the cost of preparing proposals is high, |
9 | considering the size, estimated price and complexity of the procurement: |
10 | (A) Prequalify responsible bidders by issuing a request for qualifications in advance of the |
11 | request for proposals; and |
12 | (B) Select a short list of responsible bidders prior to discussions and evaluations, if the |
13 | number of proposals that will be short-listed is stated in the request for proposals and prompt public |
14 | notice is provided to all bidders as to which proposals have been short-listed; or |
15 | (C) Pay stipends to unsuccessful bidders; provided, however, that the amount of such |
16 | stipends and the terms under which such stipends shall be paid shall be included in the request for |
17 | proposals. |
18 | (2) Adequate public notice of the request for proposals, posted and published on the |
19 | department's website at least three (3) weeks prior to the deadline for submission of proposals, with |
20 | an opportunity for public comment, shall be provided; |
21 | (3) Proposals shall be opened so as to avoid disclosure of contents to competing bidders |
22 | during the process of negotiation and a register of proposals shall be prepared by the department |
23 | and shall be open for public inspection after contract award; |
24 | (4) Proposals for large-scale construction projects shall include a project labor feasibility |
25 | analysis conducted by the public department, prior to the issuance of a request for proposals, of |
26 | whether: |
27 | (i) The size and complexity of the project indicate that a project labor agreement (PLA) |
28 | would achieve economy, efficiency, project stability and cost certainty; and |
29 | (ii) The record demonstrates than an objective, reasoned study is completed using |
30 | reviewable criteria in determining that the adoption of a project labor agreement helps to achieve |
31 | these objectives; |
32 | (5) Proposals for a public-private agreement for design-build-finance-operate-maintain or |
33 | design-build-operate-maintain services, shall include a contractual commitment to honor existing |
34 | collective bargaining agreements with a certified bargaining unit for maintenance work where |
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1 | applicable; and |
2 | (6)(i) The request for proposals shall state the relative importance of price and other factors |
3 | and sub factors, if any. |
4 | (ii) Each request for proposals for design-build-operate-maintain and design-build-finance- |
5 | operate-maintain: |
6 | (A) Shall state the relative importance of: |
7 | (I) Demonstrated compliance with the design requirements; |
8 | (II) Bidder qualifications; |
9 | (III) Financial capacity; |
10 | (IV) Project schedule; |
11 | (V) Elimination of existing public debt with respect to the facility; and |
12 | (VI) Lowest user charges or price over the term of the design-build-operate-maintain and |
13 | design-build-financeoperate-maintain contract. |
14 | (B) Shall, if the contract price is estimated to exceed ten million dollars ($10,000,000) or |
15 | if the contract period of operations and maintenance is five (5) years or longer, or if circumstances |
16 | established by the department require each bidder to identify an independent peer reviewer whose |
17 | competence and qualification to provide such services shall be an additional evaluation factor in |
18 | the award of the contract; and |
19 | (C) Shall not include, as an evaluation factor in the award of the contract, the amount, if |
20 | any, paid by a contractor to the department for procurement using design-build-operate-maintain |
21 | and design-build-finance-operate-maintain. |
22 | (7) As provided in the request for proposals and under regulations issued by the department, |
23 | discussions may be conducted with responsible bidders who submit proposals determined to be |
24 | reasonably susceptible of being selected for award for the purpose of clarification to assure full |
25 | understanding of, and responsiveness to, the solicitation requirements. Bidders shall be accorded |
26 | fair and equal treatment with respect to any opportunity for discussion and revision of proposals, |
27 | and such revisions may be permitted after submissions and prior to award for the purpose of |
28 | obtaining best and final offers. In conducting discussions, there shall be no disclosure of any |
29 | information derived from proposals submitted by competing bidders. |
30 | (8) Award shall be made to the responsible bidder whose proposal conforms to the |
31 | solicitation and is determined in writing to be the most advantageous to the acquiring agency, taking |
32 | into consideration the price and the evaluation factors set forth in the request for proposals. No |
33 | other factors or criteria shall be used in the evaluation. The contract file shall contain the basis upon |
34 | which the award is made. Written notice of the award of a contract to the successful bidder shall be |
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1 | promptly provided to all bidders. |
2 | (9) The department may provide debriefings that furnish the basis for the source selection |
3 | decision and contract award. |
4 | (c)(1) A private entity/operator may request a review, prior to submission of a solicited |
5 | proposal, by the department of administration that the private entity/operator has identified as |
6 | confidential or proprietary to determine whether such administration is subject to disclosure |
7 | pursuant to chapter 2 of title 38. |
8 | (2) The department shall take appropriate action to protect confidential or proprietary |
9 | information that a private entity/operator provides as part of a solicited proposal and that is exempt |
10 | from disclosure pursuant to chapter 2 of title 38. |
11 | 42-13.2-5. Request for proposals - Content of public-private agreement. |
12 | (a) The request for proposals shall contain the proposed form of contract or public-private |
13 | agreement to be executed between the successful bidder and the department upon award, and shall |
14 | have been approved as to content and form by the special public-private infrastructure oversight |
15 | commission and by the department before the request for proposals is issued, pursuant to § 42-13.2- |
16 | 4. The director of the department of administration or his or her designee shall have thirty (30) days |
17 | from the receipt of a draft of the proposed form of contract to notify the special public-private |
18 | infrastructure oversight commission in writing of any material objections to the draft form of |
19 | contract. Before issuing any request for proposal, the department shall prepare a written response |
20 | to reports submitted to it by the special public-private infrastructure oversight commission which |
21 | response shall state the basis for any substantial divergence between the actions of the department |
22 | and the recommendations contained in such reports of said commission. The department and the |
23 | successful bidder shall only make non-material changes in the content and form of the public- |
24 | private agreement contained in the request for proposals. |
25 | (b)(1) After selecting a solicited or unsolicited proposal for a public-private initiative, the |
26 | department shall enter into the public-private agreement for the subject facility with the selected |
27 | private entity/operator. |
28 | (2) An affected jurisdiction may be a party to a public-private agreement entered into by |
29 | the department and a selected private entity/operator or combination of private entities. |
30 | (c) A public-private agreement under this chapter shall provide for the following: |
31 | (1) The planning, acquisition, engineering, financing, development, design, construction, |
32 | reconstruction, replacement, improvement, maintenance, management, repair, leasing or operation |
33 | of a facility including provisions for the replacement and relocation of utility facilities; |
34 | (2) The term of the public-private agreement, which shall not exceed fifty (50) years |
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1 | without written approval of the governor; |
2 | (3) The type of property interest, if any, the private entity/operator shall have in the facility; |
3 | (4) A description of the actions the department may take to ensure proper maintenance of |
4 | the facility; |
5 | (5) Whether user fees will be collected on the facility and the basis by which such user fees |
6 | shall be determined and modified; |
7 | (6) Compliance with applicable federal, state and local laws; |
8 | (7) Grounds for termination of the public-private agreement by the department or private |
9 | entity/operator; |
10 | (8) Procedures for amendment of the agreement by mutual agreement and for changes in |
11 | the agreement by written order from the department; |
12 | (9) Review and approval by the department of the private entity/operator's plans for the |
13 | development and operation of the facility; |
14 | (10) Inspection by the department and the independent peer reviewer of the design and |
15 | construction of, or improvements to, the facility; |
16 | (11) Maintenance by the private entity/operator of a policy of liability insurance or self- |
17 | insurance reasonably acceptable to the department; |
18 | (12) Filing by the private entity/operator, on a periodic basis, of appropriate financial |
19 | statements in a form acceptable to the department; |
20 | (13) Filing by the private entity/operator, on a periodic basis, of traffic reports, service |
21 | quality standards, ridership reports, on time performance reports, or other reports identified by the |
22 | department, in a form acceptable to the department; |
23 | (14) Financing obligations of the private entity/operator and the department; |
24 | (15) Apportionment of expenses between the private entity/operator and the department; |
25 | (16) The rights and duties of the private entity/operator, the department, and other state and |
26 | local governmental entities with respect to use of the facility; |
27 | (17) The rights and remedies available in the event of default or delay; |
28 | (18) The terms and conditions of indemnification of the private entity/operator by the |
29 | department, as required by applicable law; |
30 | (19) Assignment, subcontracting or other delegation of responsibilities of the private entity/ |
31 | operator or the department under the agreement to third parties, including other private entities and |
32 | other state agencies; |
33 | (20) Sale or lease to the private entity/operator of private property related to the facility; |
34 | (21) If, and how, the parties shall share costs of development of the project; |
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1 | (22) If, and how, the parties shall allocate financial responsibility for cost overruns; |
2 | (23) Liability for nonperformance; |
3 | (24) Any incentives for performance; |
4 | (25) Any accounting and auditing standards to be used to evaluate progress on the project; |
5 | (26) The private entity/operator's plans to obtain a labor and material payment bond, in |
6 | accordance with chapter 2 of title 37, covering all construction, reconstruction or maintenance, |
7 | including capital maintenance, work of the project and require the payment of prevailing wages for |
8 | labor performed on the project in accordance with chapters 13, 14.1 and 14.3 of title 37; |
9 | (27) The private entity/operator's plans for labor harmony for the entire term of the |
10 | agreement, including construction, reconstruction and capital and routine maintenance and |
11 | adequate remedies to address the private entity/operator's failure to maintain labor harmony which |
12 | shall include, but not be limited to, assessment of liquidated damages and contract termination; |
13 | (28) A project labor feasibility study if the request for proposal relates to a large-scale |
14 | construction project; |
15 | (29) Traffic enforcement and other policing issues, subject to § 42-13.2-11, including any |
16 | reimbursement by the private entity/operator for such services; and |
17 | (30) Any other terms and conditions. |
18 | 42-13.2-6. End of term or termination of public-private agreement. |
19 | Upon the end of the term of the public-private agreement or in the event of termination of |
20 | the public-private agreement, the department and duties of the private entity/operator shall cease, |
21 | except for any duties and obligations that extend beyond the termination as provided in the public- |
22 | private agreement, and all the rights, title and interest in such qualified facility shall revert to the |
23 | department and shall be dedicated to the department for public use. |
24 | 42-13.2-7. Rights of department upon material default by a private entity/operator. |
25 | (a) Upon the occurrence and during the continuation of a material default by a private |
26 | entity/operator, not caused by an event of force majeure, and upon the failure by the private |
27 | entity/operator acting in the capacity as a contractor or its financing institution on the contractor's |
28 | behalf, to cure such material default within thirty (30) days of written notice of such default by the |
29 | department, the department of administration may: |
30 | (1) Elect to take over the facility, including the succession of all right, title and interest in |
31 | the facility; and |
32 | (2) Terminate the public-private agreement and exercise any other rights and remedies |
33 | available. |
34 | (b) In the event that the department elects to take over a facility under subsection (a) of this |
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1 | section, the department: |
2 | (1) Shall make interim payments, on behalf of the contractor and for the contractor's |
3 | account, of any amounts subject to a mechanics lien law of the state; |
4 | (2) May develop and operate the facility, impose user fees for the use of the facility and |
5 | comply with any service contracts; and |
6 | (3) May solicit proposals for the maintenance and operation of the facility under § 42-13.2- |
7 | 4. |
8 | 42-13.2-8. Issue and sale of bonds or notes of the department. |
9 | (a)(1) The department may request authorization from the state to issue and sell bonds or |
10 | notes of the department for the purpose of providing funds to carry out the provisions of this |
11 | chapter, with respect to the development, financing or operation of a facility or the refunding of |
12 | any bonds or notes, together with any costs associated with the transaction. |
13 | (2) Any bond or note issued under this section: |
14 | (i) Shall constitute the corporate obligation of the department; |
15 | (ii) Shall not constitute a debt of the state within the meaning or application of the |
16 | constitution of the state; and |
17 | (iii) Shall be payable solely as to both principal and interest from: |
18 | (A) The revenues from a lease to the department, if any; |
19 | (B) Proceeds of bonds or notes, if any; |
20 | (C) Investment earnings on the proceeds of bonds or notes; or |
21 | (D) Other funds available to the department for such purpose. |
22 | (b)(1) For the purpose of financing a facility, the department and operator may apply for, |
23 | obtain, issue and use private activity bonds available under any federal law or program. |
24 | (2) Any bonds, debt, other securities or other financing issued for the purposes of this |
25 | chapter, shall not be considered a debt of the state or any political subdivision thereof or a pledge |
26 | of the full faith and credit of the state or any political subdivision of the state. |
27 | (c) Nothing in this section shall be construed as a prohibition on a local government or any |
28 | authority of the state to issue authorized bonds for infrastructure projects. |
29 | 42-13.2-9. Acceptance of funds from the federal government and other sources. |
30 | (a)(l) The department may accept from the federal government or any of its agencies funds |
31 | that are available to the state for carrying out the provisions of this chapter, whether the funds are |
32 | made available by grant, or other financial assistance. |
33 | (2) The department may enter into agreements or other arrangements with the federal |
34 | government or any of its agencies as may be necessary for carrying out the purposes of this chapter. |
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1 | (b) The department may accept from any source any grant, donation, gift or other form of |
2 | conveyance of land, money, other real or personal property or other item of value made to the state |
3 | or the department for carrying out the purpose of this chapter. |
4 | (c) Any facility may be financed in whole or in part by contribution of any funds or property |
5 | made by any private entity/operator or affected jurisdiction that is party to a public-private |
6 | agreement under this chapter. |
7 | (d) The department may combine federal, state, local and private funds to finance a facility |
8 | under this chapter. |
9 | 42-13.2-10. Exercise of power of eminent domain. |
10 | The state of Rhode Island may exercise the power of eminent domain to acquire property, |
11 | rights of way or other rights in property for projects that are part of a public-private agreement for |
12 | design-build-finance-operate-maintain or design-build-operate-maintain services. |
13 | 42-13.2-11. Sovereign immunity. |
14 | Nothing in this chapter shall limit any waiver of the sovereign immunity of the state or any |
15 | officer or employee of the state or any officer or employee of the state with respect to the |
16 | participation in or approval of all or any part of the facility or its operation. |
17 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- PUBLIC-PRIVATE | |
PARTNERSHIP INFRASTRUCTURE PROGRAM | |
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1 | This act would establish a seven (7) member public-private partnership infrastructure |
2 | oversight commission to approve all requests for proposals submitted for public-private partnership |
3 | construction of qualified facilities. This act would establish a new chapter outlining the request for |
4 | proposal process for the construction of public-private qualified facilities. Further, this act would |
5 | provide for the state to exercise the power of eminent domain relating to the construction of such |
6 | qualified facilities. |
7 | This act would take effect upon passage. |
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