PRINTER'S NO. 1993
No. 314 Session of 2005
INTRODUCED BY McILHATTAN, CALTAGIRONE, RUBLEY, BALDWIN, REICHLEY, SCAVELLO, PICKETT, HERSHEY, YOUNGBLOOD, CREIGHTON, CAUSER, KIRKLAND, TURZAI, PALLONE, DENLINGER AND THOMAS, MAY 27, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 27, 2005
A RESOLUTION 1 Directing the Joint State Government Commission to study the 2 feasibility and suitability of legislation authorizing 3 public/private partnerships where governmental entities could 4 enter into agreements with private concerns to build and 5 maintain public buildings. 6 WHEREAS, There is an increasing public demand for new, 7 renovated and expanded governmental buildings and 8 infrastructure, especially education facilities; and 9 WHEREAS, The existing procurement process is lengthy and 10 time-consuming for the governmental officials and employees 11 involved in the approval, financing and oversight of the 12 project; and 13 WHEREAS, The taxpayers are struggling under the ever- 14 increasing cost of designing, constructing, renovating, 15 expanding, equipping, maintaining and operating public 16 buildings; and 17 WHEREAS, Existing provisions in Pennsylvania law are 18 inadequate to address all governmental units and have been
1 underutilized by the governmental units to which these 2 provisions currently apply; and 3 WHEREAS, Officials in other states have enacted laws to 4 authorize public/private partnerships and in some cases created 5 state incentives to engage in these partnerships; and 6 WHEREAS, Federal tax incentives exist to encourage 7 public/private partnerships for qualifying projects; and 8 WHEREAS, Authorizing public/private partnerships to design, 9 construct, renovate, expand, equip, maintain and operate public 10 buildings may result in the availability of such projects in a 11 more timely and less costly fashion, thereby serving the public 12 safety, health and welfare; therefore be it 13 RESOLVED, That the House of Representatives direct the Joint 14 State Government Commission to study the feasibility and 15 suitability of public/private partnerships where governmental 16 entities could enter into agreements with private concerns to 17 build and maintain public buildings; and be it further 18 RESOLVED, That this study address the following: 19 (1) The adequacy and effectiveness of current 20 Pennsylvania laws authorizing public/private partnerships to 21 enter into agreements with private concerns to build and 22 maintain public buildings. 23 (2) The adequacy and effectiveness of laws in other 24 states authorizing public/private partnerships to enter into 25 agreements with private concerns to build and maintain public 26 buildings. 27 (3) Proposed legislation which would expand the 28 opportunities for governmental entities to participate in 29 public/private partnerships where governmental entities could 30 enter into agreements with private concerns to build and 20050H0314R1993 - 2 -
1 maintain public buildings. This draft legislation shall: 2 (i) Ensure that agreements for public/private 3 partnerships may only be considered by governmental 4 entities following an appropriate level of public 5 discussion and scrutiny. 6 (ii) Ensure that agreements for public/private 7 partnerships provide for full disclosure of costs to the 8 governmental entities and the public. 9 (iii) Include State, county, municipal, school 10 district, municipal authority and other governmental 11 projects. 12 (iv) Reference or be integrated into other laws 13 governing procurement and related matters for 14 governmental entities. 15 (v) Facilitate cooperative ventures between 16 governmental entities; 17 and be it further 18 RESOLVED, That the report of the Joint State Government 19 Commission be submitted to the House of Representatives within 20 one year of the adoption of this resolution. A18L82JAM/20050H0314R1993 - 3 -