Bill > S0826

This bill creates exemptions from public records and public meetings requirements for unsolicited proposals submitted to a responsible public entity for qualifying public-private projects, meaning projects involving public facilities and infrastructure that are developed and operated through partnerships between government and private entities. Specifically, unsolicited proposals will be kept confidential for a certain period, preventing their public disclosure until the responsible public entity makes an intended decision on a project, or for a maximum of 90 days if all proposals are rejected and new ones are sought, or 180 days if no competitive solicitation is issued. This confidentiality aims to encourage private entities to submit proposals and prevent other companies from gaining an unfair advantage. Additionally, portions of public meetings where these exempt proposals are discussed will also be closed to the public, though complete recordings must be made and these recordings, along with any generated records, will also be exempt from public disclosure for the same timeframes as the proposals themselves. These exemptions are subject to a legislative review and will automatically be repealed on October 2, 2020, unless reenacted by the Legislature. The bill also includes a statement of public necessity, explaining that these temporary exemptions are crucial for the efficient administration of public-private partnerships and for encouraging private investment in public projects while still maintaining public oversight through eventual disclosure.