LRBa2169/1
TNF:kmg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 12,
To ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 557
October 3, 1995 - Offered by Representative Jensen.
AB557-ASA1-AA12,1,76
13.48
(10) (b) 4. Build-operate-lease or transfer agreements by the
7department of transportation for transportation projects under s. 84.01 (31).
AB557-ASA1-AA12,1,109
13.48
(12) (b) 3. A facility constructed pursuant to a build-operate-lease or
10transfer agreement under s. 84.01 (31).
AB557-ASA1-AA12,2,5
120.395
(4) (at)
Capital building projects, service funds. All moneys received
2from the fund created under s. 18.57 (1) as reimbursement for the temporary
3financing under sub. (9) (th) of projects for transportation administrative facilities
4under s. 84.01 (28) approved under s. 13.48 (10)
or authorized under s. 84.01 (31) that
5are financed under s. 84.59, for the purpose of financing such projects.".
AB557-ASA1-AA12,2,178
20.395
(9) (th)
Temporary funding of projects financed by revenue bonds. A sum
9sufficient to provide initial, temporary funding for any project to be financed under
10s. 84.59 which is a major highway project enumerated under s. 84.013 (3) or a project
11under s. 84.01 (28) approved under s. 13.48 (10)
or authorized under s. 84.01 (31). The
12department shall keep a separate account of expenditures under this paragraph for
13each such project. As soon as moneys become available from the proceeds of the
14obligation issued under s. 84.59 to finance that project, an amount equal to the
15amounts expended under this paragraph shall be paid from those proceeds into the
16transportation fund and credited to the appropriation account under sub. (3) (br) or
17(4) (at).".
AB557-ASA1-AA12,2,2220
84.01
(28) Transportation administrative facilities. The department may
21acquire, construct, develop, enlarge or improve administrative or operating facilities
22for its use under s. 13.48 (10)
or 84.01 (31).
AB557-ASA1-AA12,3,14
184.01
(31) Build-operate-lease or transfer agreements. The department
2may enter into build-operate-lease or transfer agreements with private entities for
3the construction of transportation projects, including any projects to be financed
4under s. 84.59 for transportation administrative facilities under s. 84.01 (28) and, for
5projects that are not purchased by the state upon their completion, for the
6maintenance and operation of such projects. A project under this subsection may be
7constructed on state-owned land. An agreement under this subsection may not be
8entered into unless the department determines that the agreement advances the
9public interest, and the private entity has prior experience in design, construction,
10site development and environmental impact analysis and, for a project that is not
11expected to be purchased by the state upon its completion, has the capability of
12maintaining and operating the facility upon completion of the project. The following
13provisions shall be contained in any build-operate-lease or transfer agreement
14under this subsection:
AB557-ASA1-AA12,3,1815
(a) A provision specifying that title is held by the private entity until title is
16transferred to the department pursuant to a lease with option to purchase at fair
17market value or purchase at fair market value of the constructed project upon its
18completion.
AB557-ASA1-AA12,3,2219
(b) If the agreement contains a lease that provides for payments to be made by
20the state from moneys that have not been appropriated at the time that the
21agreement is entered into, a provision containing the statement required under s.
2216.75 (3).
AB557-ASA1-AA12,4,223
(c) A provision specifying that the project shall be constructed in accordance
24with requirements and specifications approved by the department of administration
1or, if the project is not a transportation administrative facility, approved by the
2department of transportation.
AB557-ASA1-AA12,4,53
(d) A provision permitting inspection by agents of the department of
4transportation until title transfers as provided under par. (a) or by agents of the
5department of administration during construction.
AB557-ASA1-AA12,4,86
(e) If applicable, a provision specifying that any operation and maintenance
7under the agreement by the private entity shall be conducted in accordance with
8requirements and specifications approved by the department.
AB557-ASA1-AA12,4,99
(f) A provision establishing a mechanism for the resolution of disputes.".
AB557-ASA1-AA12,4,20
11"
(3gx) Build-operate-lease or transfer agreements study. The department
12of transportation shall conduct a study of the feasibility and desirability of
13build-operate-lease or transfer agreements under section 84.01 (31) of the statutes,
14as created by this act, including any cost savings to be realized by the department
15as a result of the use of build-operate-lease or transfer agreements. The
16department shall submit a report containing its findings, conclusions and
17recommendations, including any recommended statutory changes, no later than
18July 1, 1996, to the governor, and to the chief clerk of each house of the legislature
19for distribution to the appropriate standing committees in the manner provided
20under section 13.172 (3) of the statutes.".
