227.600. Citation of law--definitions. - Missouri Statutes

Citation of law--definitions.

227.600. 1. Sections 227.600 to 227.669 shall be known and may becited as the "Missouri Public-Private Partnerships Transportation Act".

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

(1) "Commission", the Missouri highways and transportationcommission;

(2) "Comprehensive agreement", the final binding writtencomprehensive project agreement between a private partner and thecommission required in section 227.621 to finance, develop, and/or operatethe 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 operatethe project;

(6) "Interim agreement", a preliminary binding written agreementbetween a private partner and the commission that provides for completionof 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 inthe performance of its duties that jeopardizes adequate service to thepublic 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 befinanced, developed, and/or operated under agreement between the commissionand a private partner. Any project not specifically included in thissubdivision shall not be financed, developed, or operated by a privatepartner until such project is approved by a vote of the people;

(11) "Public use", a finding by the commission that the project to befinanced, developed, and/or operated by a private partner under sections227.600 to 227.669 will improve or is needed as a necessary addition to thestate transportation system;

(12) "Revenues", include but are not limited to the following whicharise out of or in connection with the financing, development, and/oroperation 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 equityinvestments;

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

(14) "State highway system", the state system of highways and bridgesplanned, located, relocated, established, acquired, constructed, andmaintained by the commission under section 30(b), article IV, Constitutionof Missouri;

(15) "State transportation system", the state system of nonhighwaytransportation programs, including but not limited to aviation, transit andmass transportation, railroads, ports, waterborne commerce, freight andintermodal connections;

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

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