Bill > S1722

This bill establishes a new framework for public-private partnerships (PPPs) in the state, allowing public agencies to enter into agreements with private entities for the development, financing, and operation of "eligible projects," which are defined as public water supply or treatment, storm water treatment and disposal, or wastewater treatment and disposal facilities. The bill outlines a process for soliciting and evaluating proposals from private entities, known as "offerors," and specifies that these agreements will not be subject to certain existing competitive bidding laws, but will instead follow procedures similar to those in chapter 30B of the General Laws, with some exceptions. It defines key terms like "public-private partnership agreement," "operator," and "service payment," and details the responsibilities of both public agencies and private operators, including provisions for contract terms, fees, and remedies in case of a "material default" (a failure by the operator that jeopardizes public service). The bill also addresses issues like utility crossings, governmental immunity, and the term of agreements, which can be up to 20 years with a potential 10-year renewal, and mandates that the Office of the Inspector General develop regulations to implement these provisions.