Sec. 11508. Requirements for transportation projects carried out through public-private partnerships
486 words·~2 min read·
/bill/117/hr/3684/eas/section-11508·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term project means a project (as defined in section 101 of title 23, United States Code) that— is carried out, in whole or in part, using Federal financial assistance; and has an estimated total cost of $100,000,000 or more. The term public-private partnership means an agreement between a public agency and a private entity to finance, build, and maintain or operate a project. With respect to a public-private partnership, as a condition of receiving Federal financial assistance for a project, the Secretary shall require the public partner, not later than 3 years after the date of opening of the project to traffic— to conduct a review of the project, including a review of the compliance of the private partner with the terms of the public-private partnership agreement; to certify to the Secretary that the private partner of the public-private partnership is meeting the terms of the public-private partnership agreement for the project; or to notify the Secretary that the private partner of the public-private partnership has not met 1 or more of the terms of the public-private partnership agreement for the project, including a brief description of each violation of the public-private partnership agreement; and to make publicly available the certification or notification, as applicable, under paragraph
(2)in a form that does not disclose any proprietary or confidential business information. If the Secretary provides Federal financial assistance to a project carried out through a public-private partnership, not later than 30 days after the date on which the Federal financial assistance is first obligated, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification of the Federal financial assistance made available for the project. Section 106(h)(3) of title 23, United States Code, is amended— in subparagraph (C), by striking and at the end; by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following: for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and . Paragraph
(21)of section 133(b) of title 23, United States Code (as redesignated by section 1109(a)(1)(C)), is amended by inserting , including conducting value for money analyses or similar comparative analyses, after oversight . Section 602(a) of title 23, United States Code, is amended by adding at the end the following: In the case of a project to be carried out through a public-private partnership, the public partner shall have— conducted a value for money analysis or similar comparative analysis; and determined the appropriateness of the public-private partnership agreement. . This section and the amendments made by this section shall only apply to a public-private partnership agreement entered into on or after the date of enactment of this Act.