Bill > S2222

This bill establishes a framework for public-private partnerships (P3s) in Massachusetts, specifically for infrastructure projects related to water supply, treatment, storm water management, wastewater disposal, and flood control. The legislation allows public agencies (such as municipalities, water districts, or redevelopment authorities) to solicit proposals from private entities to design, construct, finance, operate, and maintain eligible infrastructure projects through long-term agreements. Key provisions include a comprehensive process for proposal evaluation, where public agencies can consider factors like price, life-cycle costs, innovation, technical merit, and financial commitment when selecting a partner. The bill permits P3 agreements up to 20 years with potential 10-year extensions, and allows private entities to collect user fees or receive service payments. The legislation provides robust protections for public agencies, including the ability to terminate agreements if a private partner fails to meet performance standards, temporarily assume project operations, or even condemn a project to ensure public service continuity. Importantly, the bill exempts these partnerships from traditional competitive bidding requirements while maintaining provisions to ensure transparency, public oversight, and protection of the public interest. The goal is to provide municipalities with more flexible and potentially more cost-effective approaches to infrastructure development and management.

Budget and Finance, Government Affairs

https://malegislature.gov/Bills/194/S2222