BILL ANALYSIS
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THIRD READING
Bill No: AB 2495
Author: Frommer (D)
Amended: 8/28/06 in Senatet
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Public-private partnerships: transportation
SOURCE : Author
DIGEST : This bill clarifies that a public-private
partnership lease agreement for the development of certain
transportation projects shall automatically be deemed
approved unless within 90 days, not counting days when the
Legislature is in adjournment, either house of the
Legislature specifically adopts a resolution rejecting it.
Senate Floor Amendments of 8/28/06 delete the previous
version of the bill which added two legislative
appointments to the California Transportation Commission,
and add the current language.
ANALYSIS : Existing law, until January 1, 2012,
authorizes the Department of Transportation (DOT) and
regional transportation agencies, as defined, to enter into
comprehensive development lease agreements with public and
private entities, or consortia of those entities, for
certain transportation projects that may charge certain
users of those projects tolls and user fees, subject to
CONTINUED
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various terms and requirements.
The number of projects authorized is limited to four, with
two in northern California and two in southern California,
as selected by the California Transportation Commission.
The projects will be primarily for improvement of goods
movement.
Existing law states that lease agreements for authorized
public-private partnerships shall be deemed approved by the
enactment of a statute.
This bill clarifies that a lease agreement shall
automatically be deemed approved unless within 90 days, not
counting days when the Legislature is in adjournment,
either house of the Legislature specifically adopts a
resolution rejecting it.
This bill also requires the Legislative Analyst's Office
and the Legislative Counsel to review the lease agreements
for consistency with statutory requirements and to submit
comments to the Legislature within 30 days after the
agreement was submitted to the Legislature.
Comments
The public-private partnership program is part of the
Governor's Go California proposal and Strategic Growth
Plan.
Previous Legislation
AB 1467 (Nunez), Chapter 32, Statutes of 2006, authorized
DOT and regional transportation agencies, as defined, to
enter into comprehensive development lease agreements with
public and private entities, or consortia of those
entities, for certain transportation projects that may
charge certain users of those projects tolls and user fees,
subject to various terms and requirements.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
AB 2495
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3
JJA:cm 8/27/06 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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