SENATE CONCURRENT RESOLUTION 62

(By Senators Walters, Beach, Boley, Kirkendoll, Leonhardt and Plymale)

[Originating in the Committee on Transportation and Infrastructure; Reported on March 3, 2016]

Requesting Joint Committee on Government and Finance study the benefits of permitting the Division of Highways to continue to be able to enter into comprehensive agreements with a developer under the Public-Private Transportation Facilities Act.

Whereas, In 2008, the West Virginia Legislature passed the Public-Private Transportation Facilities Act and the act was signed into law; and

Whereas, The act allows the West Virginia Division of Highways to partner with a private company on the design and construction of otherwise public transportation facilities; and

Whereas, The act initially permitted the Division of Highways to enter into comprehensive agreements with developers until June 30, 2013; and

Whereas, The act was amended in 2013 to extend the time during which the Division of Highways may enter into comprehensive agreements with developers until June 30, 2017; and

Whereas, The Division of Highways has utilized the act to help finance three major initiatives: The Coalfields Expressway (Mullens Connector to East County Route 12/1); the upgrading of a fourteen-mile section of US 35 (WV 869 to Mason County Route 40); and a section of Corridor H (Kerens to US 219 Connector); and

Whereas, The Division of Highways has recently advertised a Public-Private-Partnership (P3) project for the construction of the Wellsburg Bridge; and

Whereas, The Division of Highways has indicated that the use of the Public-Private-Partnership project delivery allowed it to expedite project delivery, provided for the opening of sections of highway earlier than the traditional design-bid-build delivery method, allowed it to reduce costs for the engineering design for the project and provided stability in managing its cash by providing equal monthly payments to the successful bidder; and

Whereas, The Division of Highways has further indicated that allowing the act to be effective after June 30, 2017, would provide the Division of Highways and the State of West Virginia the necessary flexibility to take advantage of future public and private sector funding opportunities; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the benefits of permitting the Division of Highways  to continue to be able to enter into comprehensive agreements with a developer under the Public-Private Transportation Facilities Act; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.