| No. |
Issue: |
Short Answer: |
Sample Provision: |
| 1. |
Does the relevant law allow solicited and unsolicited proposals for PPP projects? |
No express provision. |
|
| 2. |
Does the relevant law permit local/state/federal funds to be combined with private sector funds on a PPP project? |
Yes. |
§54-3-104(b) The Department may expend funds from the state tollway fund and the state highway fund as appropriated by the general assembly and any funds, grants, or loans received from or made available by the federal government or any other government agency that may be lawfully applied to any tollway or toll facility project.
|
| 3. |
Who has rate-setting authority to impose user fees and under what circumstances may they be changed or otherwise reviewed? |
State Department of Transportation |
§54-3-104(c) The Commissioner of the state department of transportation is authorized to set tolls for the use of tollways or toll facilities, subject to the provisions of any resolutions or indentures authorizing bonds. |
| 4. |
Does the relevant law permit TIFIA loans to be used on PPP projects? |
No express provision. |
|
| 5. |
Is the number of PPP projects limited to only a few "pilot" or "demonstration" projects? |
Yes. |
§54-3-113 limits the initial number of tollway projects to two. |
| 6. |
Are there restrictions concerning the geographic location of PPP projects? |
Yes. |
§54-3-102(b) The development of any tollway or toll facility project by or under the authority of the department shall be in accordance with the department's long-range statewide transportation plan. |
| 7. |
Are there restrictions concerning the particular mode of transportation eligible to be developed as a PPP project (e.g., truck, passenger auto, freight rail, passenger rail)? |
Yes. |
§54-3-102(a) Authorization of tolling is an additional and alternative method for funding or financing the development and operation of highways and appurtenant facilities or other transportation-related facilities. §54-3-103(12) definition of “tollway or toll facility” means any highway, bridge, tunnel, parking lot or garage, and any other paved surface or structure designed to carry or contain land transportation vehicles. |
| 8. |
Is there a legal requirement to remove tolls after the repayment of project debt? |
Yes. |
§54-3-104(c) Upon or prior to the issuance of any bonds, and until such time as such bonds are no longer outstanding, the commissioner shall prescribe and collect, or shall cause to be prescribed and collected, tolls for tollways and toll facilities. |
| 9. |
Does the relevant law permit the conversion of existing or partially constructed highways into toll roads? |
No. |
However, §54-3-104(d) permits additional lane capacity constructed on or along an existing highway or bridge to be developed and operated as tollway. |
| 10. |
Is there a restriction that prevents the revenues from PPP projects from being diverted to the state's general fund or for other unrelated uses? |
No express provision. |
|
| 11. |
Is prior legislative approval required when an individual PPP proposal is received? |
Yes. |
§54-3-102(b) The department shall specifically identify any proposed tollway or toll facility in the transportation improvement program furnished to the general assembly in support of the commissioner’s annual funding recommendations. No further development of any such tollway or toll facility project shall occur until the commissioner’s annual funding recommendations, including the proposed tollway or toll facility project, have been approved by the general assembly. |
| 12. |
Are there any similar requirements that subject the PPP proposal or the negotiated PPP agreement to a local veto? |
No express provision. |
|
| 13. |
Does the relevant law permit all kinds of procurements for PPP project delivery? These might include, for example, calls for projects, competitive RFQ and RFPs, qualifications review followed by an evaluation of proposer concepts, use of design build, procurements based on financial terms such as return on equity rather than on price, long-term asset leases for some period of up to 60 years or longer from the time operations commence? |
Yes. |
§54-3-106 The department has full authority to enter into contracts, agreements, and understandings including but not limited to design-build.
|
| 14. |
Are there explicit exemptions/supplemental procurement authority from the application of the state's general procurement laws? |
No. |
|
| 15. |
Does the relevant law authorize the public sector to grant long-term leases/franchises for the construction, operation and maintenance of toll facilities? |
No express provision. |
|
| 16. |
Does the public sector have the authority to issue toll revenue bonds or notes? |
Yes. |
§54-3-109(a) The State funding board is authorized to issue bonds. |
| 17. |
Does the public sector have the authority to form nonprofits and let them issue debt on behalf of a public agency? |
No express provision. |
|
| 18. |
Does the relevant public agency have the authority to hire its own technical and legal consultants? |
No express provision. |
|
| 19. |
Does the relevant law permit the public sector to make payments to unsuccessful bidders for work product contained in their proposals? |
No express provision. |
|
| 20. |
Can the agency charge application fees to offset its proposal review costs? |
No express provision. |
|
| 21. |
Does the relevant law allow adequate time for the preparation, submission and evaluation of competitive proposals? Note that the agency should have the authority to establish these deadlines on a case-by-case basis depending on the complexity and scope of the initial proposal or other factors that might promote competition (e.g., more review time during holiday periods). |
No express provision. |
|
| 22. |
Is the public sector required to maintain comparable non-toll routes when it establishes new toll roads? |
No express provision. |
|
| 23. |
Are there any non-compete clause prohibitions? |
No. |
|
| 24. |
Is the authority to enter into PPPs restricted to the state DOT or state turnpike authority or may regional or local entities also do so? |
Restricted. |
|
| 25. |
Does the relevant law specify evaluation criteria for PPP proposals received under a given procurement approach? |
No. |
§54-3-107 directs the commissioner to promulgate rules and regulations to carry out the provisions of the Act.. |
| 26. |
Does the relevant law specify the structure and participants for the review process involving PPP proposals? |
Yes. |
§54-3-102(c) The development of any tollway or toll facility project by or under the authority of the department shall consider alternatives to the project, shall consider the economic, social and environmental effects of the tollway project, and shall consider the findings of the environmental evaluation process and public comments. §54-3-102(d) The development of any tollway or toll facility project by the department shall be subject to public hearings. |
| 27. |
Does the relevant law protect the confidentiality of PPP proposals and any related negotiations in the period prior to execution of the PPP agreement? |
No express provision. |
|
| 28. |
Does the relevant law provide for the ability of the public sector to outsource long-term operations and maintenance and other asset management duties to the private sector? |
Yes. |
§54-3-106(2) The department may enter into service agreements for the operation of a tollway, toll facility, or appurtenant facility. |
