Section 227.600

Title XIV ROADS AND WATERWAYS

Chapter 227

Effective - 28 Aug 2009, 5 histories, see footnote   (history) 

  227.600.  Citation of law — definitions. — 1.  Sections 227.600 to 227.669 shall be known and may be cited as the "Missouri Public-Private Partnerships Transportation Act".

  2.  As used in sections 227.600 to 227.669, unless the context clearly requires otherwise, the following terms mean:

  (1)  "Commission",  the Missouri highways and transportation commission;

  (2)  "Comprehensive agreement", the final binding written comprehensive project agreement between a private partner and the commission required in section 227.621 to finance, develop, and/or operate the project;

  (3)  "Department", the Missouri department of transportation;

  (4)  "Develop" or "development", to plan, locate, relocate, establish, acquire, lease, design, or construct;

  (5)  "Finance", to fund the costs, expenses, liabilities, fees, profits, and all other charges incurred to finance, develop, and/or operate the project;

  (6)  "Interim agreement", a preliminary binding written agreement between a private partner and the commission that provides for completion of studies and any other activities to advance the financing, development, and/or operation of the project required by section 227.618;

  (7)  "Material default", any uncured default by a private partner in the performance of its duties that jeopardizes adequate service to the public from the project as determined by the commission;

  (8)  "Operate" or "operation", to improve, maintain, equip, modify, repair, administer, or collect user fees;

  (9)  "Private partner", any natural person, corporation, partnership, limited liability company, joint venture, business trust, nonprofit entity, other business entity, or any combination thereof;

  (10)  "Project", exclusively includes any pipeline, ferry, river port, airport, railroad, light rail or other mass transit facility, to be financed, developed, and/or operated under agreement between the commission and a private partner.  Any project not specifically included in this subdivision shall not be financed, developed, or operated by a private partner until such project is approved by a vote of the people;

  (11)  "Public use", a finding by the commission that the project to be financed, developed, and/or operated by a private partner under sections 227.600 to 227.669 will improve or is needed as a necessary addition to the state transportation system;

  (12)  "Revenues", include but are not limited to the following which arise out of or in connection with the financing, development, and/or operation of the project:

  (a)  Income;

  (b)  Earnings;

  (c)  Proceeds;

  (d)  User fees;

  (e)  Lease payments;

  (f)  Allocations;

  (g)  Federal, state, and local moneys; or

  (h)  Private sector moneys, grants, bond proceeds, and/or equity investments;

  (13)  "State", the state of Missouri;

  (14)  "State highway system", the state system of highways and bridges planned, located, relocated, established, acquired, constructed, and maintained by the commission under Section 30(b), Article IV, Constitution of Missouri;

  (15)  "State transportation system", the state system of nonhighway transportation programs, including but not limited to aviation, transit and mass transportation, railroads, ports, waterborne commerce, freight and intermodal connections;

  (16)  "User fees", tolls, fees, or other charges authorized to be imposed by the commission and collected by the private partner for the use of all or a portion of a project under a comprehensive agreement.

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(L. 2006 H.B. 1380, A.L. 2009 H.B. 683)