SCS/SB 1042 - This act adds stormwater facilities and systems and wastewater systems to the definition of "project" with regard to public-private partnerships. (Section 227.600.2(10)) The act also specifies that the process and approval for concession agreements, as defined in the act, with regard to assets owned by a political subdivision shall be approved by the governing body of the political subdivision, and shall not be subject to approval by the state highways and transportation commission. (Section 227.610.1)
The act specifies that political subdivisions may enter into concession agreements that meet certain requirements. (Section 227.601.3)
For any project approved by a political subdivision, the State Highways and Transportation Commission shall not be required to oversee the project, nor be required to submit a report on the project following an agreement between the Commission and a private partner, on condition that the political subdivision uses a public-private partnership framework that includes a competitive bidding process as defined in the act. (Section 227.601.4)
Except with regard to voter approval requirements for the sale or conveyance of a project, the act exempts concession agreements entered into by political subdivisions under the act from various statutes prescribing voter approval requirements, limits on agreement duration, required contractual provisions, direct utility rate regulation provisions, authority to receive or convey assets, and requirements that ordinances or resolutions appropriating money for certain improvements be available for public inspection prior to their final adoption. (Sections 227.601.1 and 227.601.5)
This act is similar to HCS/HB 2594 (2018), and to provisions in CCS/HCS/SS/SB 881 (2018), CCS/SS/SCS/HB 1291 (2018), SCS/HB 1442 (2018), and HCS#2/SS/SB 704 (2018).
ERIC VANDER WEERD