Art. 193. Public project company

1. If the feasibility study of the contracting authority or contracting entity provides, for purposes of the best use of the infrastructure and related assets, for the coordinated activity of various public parties, a program agreement shall be stipulated among such public parties, and, if opportune, through the establishment of a public project company that is nonprofit, including a consortium, held by the contracting parties and by other public parties concerned. The public project company shall be attributed with the necessary powers to realize the work and instrumental or related works, as well as the expropriation of the areas concerned and their use, as well as the use of other sources of self-financing induced by the infrastructure. The public project company shall be the expropriation authority in accordance with the uniform text of the legislative and regulatory provisions on expropriation for public utility set forth in DPR No. 327 of 8 June 2001. The public project company shall realize the work in its name and on behalf of its shareholders and principals, using financing deliberated for such purpose, and shall also act to reduce the cost for the public finance.

2. The provisions of this Code shall be applied by public project companies to carry out the responsibilities set forth in the second clause of paragraph 1.

3. Chambers of commerce and bank foundations can hold interests in the public project company.

4. The public project company shall be established for the purpose of guaranteeing coordination among public parties, aimed at promoting the realization and afterwards the management of the infrastructure, as well as to promote participation in the funding. The company shall be a public law body and a contracting authority pursuant to this Code.

5. The public entities involved with the realization of an infrastructure can participate, through a program agreement, in its financing, including through the transfer to the contracting authority or to the public project company of real property that it owns or has expropriated for such purpose using its own financial resources.

6. For purposes of the financing set forth in paragraph 5, public entities can contribute for the entire duration of the financial-economic plan to the contracting authority or public project company, devolving the proceeds from their own taxes or other sources of income, among which:

a) from municipalities, revenue from additional flows from urbanization or infrastructure charges and IMU [real property tax], induced by the infrastructure;

b) from the chamber of commerce, a share of the registration fee, increased for such purpose, in accordance with Law No. 580 of 29 December 1993.

7. The realization of infrastructures constitutes a permissible sector, with respect to which the bank foundations can allocate income in the manner and forms provided by current law.

8. Private parties interested in the realization of an infrastructure can contribute to it through the transfer of real property that they own or by undertaking to contribute to the expense using specific procedural agreements.