If you live in a state whose representatives have the political cunning to press federal bureaucrats into giving back taxpayer dollars that rightfully shoud be spent in their own state; and, your DOT actually spends that money repairing and building new roads and bridges... then this article won't concern you.

But if you're in a state that's hell-bent on increasing taxes on virtually everything you need to function as a free and productive U.S. citizen, including the air you breathe, you'll want to hear what Arizona is considering, via public-private partnerships.

Arizona Rep. Karen Fann from Prescott, AZ, is sponsoring a bill that reflects two undeniable realities. House Bill 2358 deals with public-private partnerships (P3's)to build new toll roads. It recognizes that the U.S. government has fallen behind on its "commitment to build and maintain highway infrastructure."

And secondly, it recognizes that when you give the private sector an attractive financial incentive it could trigger investment, action and new highway construction.

Fann's bill builds on earlier legislation that allows private sector entities to participate in the construction and delivery of highway transportation projects; put some of their own equity into the projects and finance, build and operate the the entire project themselves.

Arizona law already allows P3s to collect tolls in partnership with the State of Arizona and ADOT remains responsible for the enforcement of tolls. In the proposed bill, the private entity and ADOT would share toll revenue and it eliminates a provision that allows motorists who pay tolls to seek reimbursement of fuel taxes.

HB 2358 is needed, its sponsor, Rep. Karen Fann, and co-sponsor, Rep. Russ Jones (Yuma), say, in order to sweeten the deal and improve the prospects for public-private partnerships, because, to date, no private firms have expressed interest.

It's an intriguing prospect but we had some questions; specifically about how motorists would be protected from overzealous toll-collecting by the new public-private, toll-collecting partnership.

Here's how Rep. Fann explained it during an interview last week:

"Back in 2009, a bill was introduced(2396) which established the avalability of public-private partnertships in Arizona. One of those 'tools in the tool box' might be the opportunity for a toll road through a P3.

The concept, --the intent-- was for new roads to be built. A new north-south corridor that we might call I-11; perhaps another east-west corridor; and consequently as we all know, the transportation money keeps getting raided. The federal government isn't funding infrastruicture the way it should; but this is an opportunity for investors to put up the money and the ne road would be built and they would be paid back through some sort of a toll/fee.

Becasue we have no tolls and P3s are new to Arizona it could encompass a lot of different things... But for a toll road the ADOT would enter into a contract and that's where all of the rules would be established; thse rule would define what they are doing; what the public and private responsibilities are... and that's where all the checks and balances would be put in."

"And sometimes it may not be ADOT, it could be the Dept. of Energy... but it would be those contracts that will make sure that motorists are protected and that everything is fair and balanced."

The public-private partnership, the original bill, was passed in 2009. In addition to creating private sector incentives the new bill, adds language that inserts clarification on enforcement and mirrors toll road enforcement that is applicable in many states with toll roads.

Fann said that "if the bill was written to address tolling for a particular road, and that's all, then, yes, there would be more details in it concerning the checks and balances to protect motorists... But this is about public-private partnerships." She said Arizona has tunnels such as the Claypool Tunnel at Highway 60 and one of the possibilities this bill could create is a P3 that could bring better lighting to the tunnels from a private sector supplier of solar lighting that can save the taxpayers' money... "That's why those details need to be left with the contract neotiations based on what the particular project is going to entail."

This bill looks like the result of responsible efforts and a sound piece of legislation that could serve Arizona well...It may be something other states should consider replicating too.

HB 2358 was passed by the Transportation Committee and goes next to the Rules Committee. If it passes through the Rules Committee it will then go to the House floor for a vote by the Committee as a Whole (all 60 House members) and if it passes there it goes to the Arizona State Senate, to their Transportation committee, their Rules committee and then before their floor (all 30 senators).

Stay tuned!