House Bill hb1905
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Florida House of Representatives - 2001 HB 1905
By the Committee on Transportation and Representative
Russell
1 A bill to be entitled
2 An act relating to the Transportation Outreach
3 Program; amending s. 339.137, F.S.; revising
4 definitions; amending criteria for program
5 eligibility; directing the advisory council to
6 develop methodology for ranking and
7 prioritizing project proposals; directing the
8 Florida Transportation Commission to review the
9 proposed project list before submittal to the
10 Legislature; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 339.137, Florida Statutes, is
15 amended to read:
16 339.137 Transportation Outreach Program (TOP)
17 supporting economic development; administration; definitions;
18 eligible projects; Transportation Outreach Program (TOP)
19 advisory council created; limitations; funding.--
20 (1) There is created within the Department of
21 Transportation, a Transportation Outreach Program (TOP)
22 dedicated to funding transportation projects of a high
23 priority based on the prevailing principles of preserving the
24 existing transportation infrastructure; enhancing Florida's
25 economic growth and competitiveness in national and
26 international markets; promoting intermodal transportation
27 linkages for passengers and freight; and improving travel
28 choices to ensure efficient and cost-competitive mobility for
29 Florida citizens, visitors, services, and goods.
30 (2) For purposes of this section, words and phrases
31 shall have the following meanings:
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1 (a) Preservation.--Protecting the state's
2 transportation infrastructure investment. Preservation
3 includes:
4 1. Ensuring that 80 percent of the pavement on the
5 State Highway System meets department standards;
6 2. Ensuring that 90 percent of department-maintained
7 bridges meet department standards; and
8 3. Ensuring that the department achieves 100 percent
9 of acceptable maintenance standards on the State Highway
10 System.
11 (b) Economic growth and competitiveness.--Ensuring
12 that state transportation investments promote economic
13 activities which result in development or retention of income
14 generative industries which increase per capita earned income
15 in the state, and that such investments improve the state's
16 economic competitiveness.
17 (b)(c) Mobility.--Ensuring a cost-effective,
18 statewide, interconnected transportation system.
19 (c)(d) The term "regionally significant transportation
20 project of critical concern" means a transportation facility
21 improvement project located in one or more counties county
22 which provides significant enhancement of economic development
23 opportunities in that region an adjoining county or counties
24 and which provides improvements to a hurricane evacuation
25 route.
26 (3) Transportation Outreach Program projects may be
27 proposed by any local government, regional organization,
28 economic development board, public or private partnership,
29 metropolitan planning organization, state agency, or other
30 entity engaged in economic development activities.
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1 (4)(3) Proposed Eligible projects that meet the
2 minimum eligibility threshold include those for planning,
3 designing, acquiring rights-of-way for, or constructing the
4 following:
5 (a) Major highway improvements to:.
6 1. The Florida Intrastate Highway System.
7 2. Major roads and feeder roads which provide linkages
8 to the Florida Intrastate Highway System major highways.
9 3. Bridges of statewide or regional significance.
10 4. Trade and economic development corridors.
11 5. Access projects for freight and passengers.
12 6. Hurricane evacuation routes.
13 (b) Major public transportation projects:.
14 1. Seaport projects which improve cargo and passenger
15 movements or connect the seaports to other modes of
16 transportation.
17 2. Aviation projects which increase passenger
18 enplanements and cargo activity or connect airports to other
19 modes of transportation.
20 3. Transit projects which improve mobility on
21 interstate highways, or which improve regional or localized
22 travel, or connect to other modes of transportation.
23 4. Rail projects that facilitate the movement of
24 passengers and cargo, including ancillary pedestrian
25 facilities, or connect rail facilities to other modes of
26 transportation.
27 5. Spaceport Florida Authority projects which improve
28 space transportation capacity and facilities consistent with
29 the provisions of s. 331.360.
30 6. Bicycle and pedestrian facilities that add to or
31 enhance a statewide system of public trails.
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1 (c) Highway and bridge projects that facilitate
2 retention and expansion of military installations, or that
3 facilitate reuse and development of any military base
4 designated for closure by the Federal Government.
5
6 Each proposed project must be able to document that it
7 promotes economic growth and competitiveness, as defined in
8 paragraph (2)(a).
9 (5) In addition to the above minimum eligibility
10 requirements, each proposed project must comply with the
11 following eligibility criteria:
12 (a) The project or project phase selected can be made
13 production-ready within a 5-year period following the end of
14 the current fiscal year.
15 (b) The project is consistent with a current
16 transportation system plan such as the Florida Intrastate
17 Highway System, aviation, intermodal/rail, seaport, spaceport,
18 or transit system plans.
19 (c) The project is not inconsistent with an approved
20 local comprehensive plan of any local government within whose
21 boundaries the project is located in whole or in part, or, if
22 inconsistent, is accompanied by an explanation of why the
23 project should be undertaken.
24 (d) The project involves two or more modes of
25 transportation, or can document that it will have a
26 significant economic benefit in two or more counties.
27
28 One or more of the minimum criteria listed in paragraphs
29 (a)-(d) may be waived for a regionally significant
30 transportation project.
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1 (4) Transportation Outreach projects may be proposed
2 by any local government, regional organization, economic
3 development board, public or private partnership, metropolitan
4 planning organization, state agency, or other entity engaged
5 in economic development activities.
6 (6)(5) The following criteria shall be used
7 Transportation funding under this section shall use the
8 following mechanisms to prioritize the eligible proposed
9 projects:
10 (a) The project must promote economic growth and
11 competitiveness. Economic development-related transportation
12 projects may compete for funding under the program. Projects
13 funded under this program should provide for increased
14 mobility on the state's transportation system. Projects which
15 have local or private matching funds may be given priority
16 over other projects.
17 (b) The project must promote intermodal transportation
18 linkages for passengers and freight. Establishment of a
19 funding allocation under this program reserved to quickly
20 respond to transportation needs of emergent economic
21 competitiveness development projects that may be outside of
22 the routine project selection process. This funding may be
23 used to match local or private contributions for
24 transportation projects which meet the definition of economic
25 competitiveness contained in this section.
26 (c) The project must broaden transportation choices
27 for Florida residents, visitors, and commercial interests in
28 order to ensure efficient and cost-competitive mobility of
29 people, services, and goods. Establish innovative financing
30 methods to enable the state to respond in a timely manner to
31 major or emergent economic development-related transportation
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1 needs that require timely commitments. These innovative
2 financing methods include, but are not limited to, the state
3 infrastructure bank, state bonds for right-of-way acquisition
4 and bridge construction, state bonds for fixed guideway
5 transportation systems, state bonds for federal aid highway
6 construction, funds previously programmed by the department
7 for high-speed rail development, and any other local, state,
8 or federal funds made available to the department.
9 (d) Projects that have local, federal, or private
10 matching funds shall be given priority over projects that meet
11 all the other criteria.
12 (7) Eligible projects shall also utilize innovative
13 financing methods that enable the state to respond in a timely
14 manner to major or emergent economic development-related
15 transportation needs that require timely commitments. These
16 innovative financing methods include, but are not limited to,
17 private investment strategies, use of the state infrastructure
18 bank, state bonds for right-of-way acquisition and bridge
19 construction, state bonds for fixed guideway transportation
20 systems, state bonds for federal aid highway construction,
21 funds previously programmed by the department for high-speed
22 rail development, and any other local, state, or federal funds
23 made available to the department.
24 (6) In addition to complying with the prevailing
25 principles provided in subsection (1), to be eligible for
26 funding under the program, projects must also meet the
27 following minimum criteria:
28 (a) The project or project phase selected can be made
29 production-ready within a 5-year period following the end of
30 the current fiscal year.
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1 (b) The project is listed in an outer year of the
2 5-year work program and can be made production-ready and
3 advanced to an earlier year of the 5-year work program.
4 (c) The project is consistent with a current
5 transportation system plan including, but not limited to, the
6 Florida Intrastate Highway System, aviation, intermodal/rail,
7 seaport, spaceport, or transit system plans.
8 (d) The project is not inconsistent with an approved
9 local comprehensive plan of any local government within whose
10 boundaries the project is located in whole or in part or, if
11 inconsistent, is accompanied by an explanation of why the
12 project should be undertaken.
13 (e) One or more of the minimum criteria listed in
14 paragraphs (a)-(d) may be waived for a statewide or regionally
15 significant transportation project of critical concern.
16 (8)(7) The Transportation Outreach Program (TOP)
17 advisory council is created to annually make recommendations
18 to the Legislature on prioritization and selection of economic
19 growth projects as provided in this section.
20 (a) The council shall consist of:
21 1. Two representatives of private interests, chosen by
22 the Speaker of the House of Representatives, who are directly
23 involved in or affected by any mode of transportation or
24 tourism chosen by the Speaker of the House of Representatives.
25 2. Two representatives of private interests, chosen by
26 the President of the Senate, who are directly involved in or
27 affected by any mode of transportation or tourism chosen by
28 the President of the Senate.
29 3. Three representatives of private or governmental
30 interests, chosen by the Governor, who are directly involved
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1 in or affected by any mode of transportation or tourism chosen
2 by the Governor.
3 (b) Terms for council members shall be 2 years, and
4 each member shall be allowed one vote. Every 2 years, the
5 council shall select from among its membership a chair and
6 vice chair.
7 (c) Initial appointments must be made no later than 60
8 days after this act takes effect. Vacancies in the council
9 shall be filled in the same manner as the initial
10 appointments.
11 (d) The council shall hold its initial meeting no
12 later than 30 days after the members have been appointed in
13 order to organize and select a chair and vice chair from the
14 council membership. Meetings shall be held at the call of the
15 chair, but not less frequently than quarterly.
16 (e) The members of the council shall serve without
17 compensation, but shall be reimbursed for per diem and travel
18 expenses as provided in s. 112.061.
19 (f) The department shall provide administrative staff
20 support, ensuring that council meetings are electronically
21 recorded. Such recordings and all documents received, prepared
22 for, or used by the council in conducting its business shall
23 be preserved pursuant to chapters 119 and 257. In addition,
24 the department shall provide in its annual budget for travel
25 and per diem expenses for the council.
26 (g) The council shall develop a methodology for
27 scoring and ranking project proposals, based on the
28 prioritization criteria in subsection (6). The council may
29 change a project's ranking based on other factors as
30 determined by the council. However, such other factors must be
31 fully documented in writing by the council.
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1 (h) The council is encouraged to seek input from
2 transportation or economic-development entities and to
3 consider the reports and recommendations of task forces, study
4 commissions, or similar entities charged with reviewing issues
5 relevant to the council's mission.
6 (9)(8) Because transportation investment plays a key
7 role in economic development, the council and the department
8 shall actively participate in state and local economic
9 development programs, including:
10 (a) Working in partnership with other state and local
11 agencies in business recruitment, expansion, and retention
12 activities to ensure early transportation input into these
13 activities.
14 (b) Providing expertise and rapid response in
15 analyzing the transportation needs of emergent economic
16 development projects.
17 (c) Developing The council and department must develop
18 a macroeconomic analysis of the linkages between
19 transportation investment and economic performance, as well as
20 a method to quantifiably measure the economic benefits of the
21 investments.
22 (d) Identifying long-term strategic transportation
23 projects that will promote the principles listed in subsection
24 (1).
25 (10)(9) The council shall review and prioritize
26 projects submitted for funding under the program with priority
27 given to projects which comply with the prevailing principles
28 provided in subsection (1), and shall recommend to the
29 Legislature a transportation outreach program. The department
30 shall provide technical expertise and support as requested by
31 the council, and shall develop financial plans, cash forecast
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1 plans, and program and resource plans necessary to implement
2 this program. These supporting documents shall be submitted
3 with the Transportation Outreach Program.
4 (11)(a)(10) Projects recommended for funding under the
5 Transportation Outreach Program shall be submitted to the
6 Florida Transportation Commission at least 30 days before the
7 start of the regular legislative session. The Florida
8 Transportation Commission shall review the projects to
9 determine whether they are in compliance with this section and
10 prepare a report detailing its findings.
11 (b) The council shall submit its list of recommended
12 projects to the Governor and the Legislature as a separate
13 budget request submitted at the same time as section of the
14 department's tentative work program, which is 14 days before
15 the start of the regular session. The Florida Transportation
16 Commission shall submit its written report at the same time to
17 the Governor and the Legislature. Final approval of the
18 Transportation Outreach Program project list shall be made by
19 the Legislature through the General Appropriations Act.
20 Program projects approved by the Legislature must be included
21 in the department's adopted work program.
22 (12)(11) For purposes of funding projects under the
23 Transportation Outreach Program, the department shall allocate
24 from the State Transportation Trust Fund in its program and
25 resource plan a minimum of $60 million each year beginning in
26 fiscal year 2001-2002 for a transportation outreach program.
27 This funding is to be reserved for projects to be funded
28 pursuant to this section under the Transportation Outreach
29 Program. This allocation of funds is in addition to any
30 funding provided to this program by any other provision of
31 law.
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1 (13)(12) Notwithstanding any other law to the contrary
2 the requirements of ss. 206.46(3), 206.606(2), 339.135,
3 339.155, and 339.175 shall not apply to the Transportation
4 Outreach Program.
5 (14)(13) The department is authorized to adopt rules
6 to implement the Transportation Outreach Program supporting
7 economic development.
8 Section 2. This act shall take effect upon becoming a
9 law.
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12 HOUSE SUMMARY
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Revises a provision of law which provides for the
14 Transportation Outreach Program to:
1. Revise criteria for program eligibility.
15 2. Direct the advisory council to develop
methodology for ranking and prioritizing project
16 proposals.
3. Direct the Florida Transportation Commission to
17 review the proposed project list before submittal to the
Legislature.
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19 See bill for details.
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