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  • NJ A4508
  • "Improving Energy Infrastructure through Public-Private Partnership Act."
In Committee
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill, entitled the "Improving Energy Infrastructure through Public-Private Partnership Act" permits private entities to propose to government entities certain energy-related projects at government facilities through a public-private partnership (P3) agreement. The bill leverages the expertise and financial resources of the private sector to develop various energy-related projects, including co-generation facilities, that might not otherwise be pursued due to budgetary constraints. The bill provides that private entities are responsible for designing, building, financing, operating, or maintaining energy-related projects for government facilities in a manner similar to the approach authorized by the "New Jersey "Economic Stimulus Act of 2009," which, in part, authorized State colleges and universities to offer certain financial and other incentives to prospective private sector developers. The bill creates an Energy Public-Private Partnership Unit (Energy P3 Unit) situated within the Board of Public Utilities that is responsible for the formulation and execution of a comprehensive Statewide policy for P3 agreements that facilitate the development of energy-related projects and for the development, promotion, coordination, oversight, and approval of P3 agreements for energy-related projects. The bill provides that the Energy P3 Unit is to consult and coordinate with representatives of other State departments, agencies, boards, and authorities to accomplish the goals of the bill and facilitate P3 agreements. The bill authorizes the Energy P3 Unit to retain private consultants and requires them to charge certain fees to fund positions in the Energy P3 Unit and retain professional advisers. The bill provides criteria by which a governmental entity is to award an energy-related project P3 agreement to a private entity whose proposal is determined to be the most advantageous to the government entity. This determination includes, but is not limited to: --the general reputation, industry experience, technical capability, and expertise of the private entity; --the cost of the proposed energy-related project; --the responsiveness, creativity, innovativeness, and comprehensiveness of the private entity's proposal; --the ability of the private entity to arrange financing on terms favorable to the government entity; --the proposed allocation of risks and performance guarantees; --the incorporation of innovative terms and conditions that would not otherwise be available to, or would not be available upon a comparable basis to the government entity; --any cost savings, if applicable given the nature of the energy-related project; --the public benefits of the energy-related project, including economic development, job creation, and reduced environmental impacts; and --the experience and capability of the private entity in implementing comparable energy-related projects outside of the State. The bill prescribes competitive contracting procedures to govern energy-related project P3 agreements, including procurements and prevailing wage requirements for workers engaged in construction activities and other worker protections, and provides necessary oversight authority to the Energy P3 Unit to protect the interests of participating governmental entities. This bill requires that all energy related-projects created under the bill's provisions are to contain a project labor agreement.
2nd Reading in the Assembly, Budget, Telecommunications and Utilities
Reported out of Assembly Comm. with Amendments, 2nd Reading  (on 6/26/2017)
Date Chamber Action Description
6/26/2017 Assembly Budget Hearing (19:00 6/26/2017 A-4432 (1R), A-4784 (1R) and A-5038 are pending referral. * Revi)
6/26/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
6/26/2017 Assembly Budget Hearing (19:00 6/26/2017 A-4432 (1R), A-4784 (1R) and A-5038 are pending referral.)
6/19/2017 A Reported out of Asm. Comm. with Amendments, and Referred to Assembly Budget Committee
6/19/2017 Assembly Telecommunications and Utilities Hearing (19:00 6/19/2017 The committee will hear testimony from invited guests and repres)
1/19/2017 A Introduced, Referred to Assembly Telecommunications and Utilities Committee
Date Motion Yea Nay Other
Detail 6/26/2017 Assembly Budget Committee: Reported with Amendments 9 4 0
Detail 6/19/2017 Assembly Telecommunications and Utilities Committee: Reported with Amendments 5 0 3