Public-Private Partnership Pilot [Repealed effective July 1, 2029]

V.S.A. tit. 19, ch. 26, subch. 2

in effect

19 V.S.A. § 2611 Pilot established; intent [Repealed effective July 1, 2029]

2611. Pilot established; intent [Repealed effective July 1, 2029] (a)(1) The General Assembly hereby establishes a pilot program to authorize the Agency, for a time-limited period, to receive solicited and unsolicited proposals and to enter into P3 agreements if certain conditions are met. (2) Nothing in this subchapter is intended to modify any obligations or rights under any other law. (b) Before the authority conferred under this subchapter terminates, the General Assembly intends to: (1) review whether and how the Agency has exercised the authority and whether the P3 agreements it has entered into have served the public interest; and (2) determine whether the authority should terminate, be extended, or be amended. (c) If the Agency’s authority under this subchapter terminates, the General Assembly intends that: (1) the Agency not have authority to pursue any proposal that has not resulted in a P3 agreement prior to termination of the Agency’s authority; and (2) any P3 agreement lawfully entered into prior to termination of the Agency’s authority shall continue in effect after termination of the authority. Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2029 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41 and 2025, No. 168 (Adj. Sess.), § 21.

19 V.S.A. § 2612 Definitions [Repealed effective July 1, 2029]

2612. Definitions [Repealed effective July 1, 2029] As used in this subchapter: (1) “Facility” means transportation infrastructure that is, or if developed, would be, within the jurisdiction of the Agency or eligible for federal-aid funding managed through the Agency. (2) “Project” means the capital development of a facility. (3) “Proposal” means a conditional offer of a private entity that, after review, negotiation, and documentation, and after legislative approval if required under this subchapter, may lead to a P3 agreement as provided in this subchapter. (4) “Public-private partnership” or “P3” means an alternative project delivery mechanism that may be used by the Agency to permit private sector participation in a project, including in its financing, development, operation, management, ownership, leasing, or maintenance. As used in this subchapter, “partnership” shall refer solely to a “public-private partnership” and “partner” shall refer to the State or to the private entity participant or participants in a public-private partnership. (5) “P3 agreement” means a contract or other agreement between the Agency and a private entity to undertake a project as a public-private partnership and that sets forth rights and obligations of the Agency and the private entity in that partnership. Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; amended 2019, No. 59, § 24; repealed on July 1, 2029 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41 and 2025, No. 168 (Adj. Sess.), § 21.

19 V.S.A. § 2613 Authority [Repealed effective July 1, 2029]

2613. Authority [Repealed effective July 1, 2029] (a) The Agency is authorized to receive unsolicited proposals or to solicit proposals to undertake a project as a public-private partnership. The Agency shall develop, and have authority to amend, criteria to review and evaluate such proposals to determine if they are in the public interest and shall review and evaluate all proposals received in accordance with these criteria. In addition to other criteria that the Agency may develop, at minimum, the criteria shall require consideration of: (1) the benefits of the proposal to the State transportation system and the potential impact to other projects currently prioritized in the most recently adopted Transportation Program; (2) the extent to which a proposal would reduce the investment of State funds required to advance the project that the proposal addresses; and (3) the extent to which a proposal would enable the State to receive additional federal funding that would not otherwise be available. (b) If the Agency determines that a proposal is in the public interest: (1) The Agency is authorized to enter into a P3 agreement with respect to the proposal without legislative approval if: (A) the project has been approved in the most recently adopted Transportation Program; and (B) total estimated State funding over the lifetime of the project will be less than $2,000,000.00. (2) For the following projects, the Agency is authorized to enter into a P3 agreement with respect to the proposal only if the Agency receives specific legislative approval to enter into the P3 agreement: (A) a project that has not been approved in the most recently adopted Transportation Program; or (B) a project for which total estimated State funding over the lifetime of the project will be $2,000,000.00 or more. Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2029 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41 and 2025, No. 168 (Adj. Sess.), § 21.

19 V.S.A. § 2614 Legislative approval [Repealed effective July 1, 2029]

2614. Legislative approval [Repealed effective July 1, 2029] If the Secretary determines that a proposal that requires legislative approval under section 2613 of this title is in the public interest and should be pursued, the Secretary shall submit to the General Assembly: (1) a description of the proposal, including: (A) a summary of the project scope and timeline; (B) the rights and obligations of the State and private entity partner or partners, including the level of involvement of all partners in any ongoing operations, maintenance, and ownership of a facility; (C) the nature and amount of State funding of the project and of any ongoing State financial responsibility for ongoing maintenance or operation costs; and (D) its effect on any project in the most recent approved Transportation Program; (2) a statement detailing how the proposal meets the Agency’s criteria developed under this subchapter; and (3) proposed legislation to confer authority to the Agency to enter into a P3 agreement with respect to the proposal. Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2029 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41 and 2025, No. 168, (Adj. Sess.), § 21.

19 V.S.A. § 2615 Report [Repealed effective July 1, 2029]

2615. Report [Repealed effective July 1, 2029] (a) Annually, on or before January 15, the Agency shall report to the House and Senate Committees on Transportation: (1) for each P3 agreement entered into following legislative approval required under this subchapter, for as long as the agreement is in effect, a description of the current status of the project and of any substantive change to the P3 agreement since the prior year’s report; and (2) for each P3 agreement entered into since the prior year’s report pursuant to section 2613 of this title that did not require legislative approval, a description of the P3 agreement and of the project. (b) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required unless the General Assembly takes specific action to repeal the report requirement. Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2029 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41 and 2025, No. 168, (Adj. Sess.), § 21.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/19/026Fetched: 10/21/2026