The bill establishes a new chapter titled "Public-Private Partnership Infrastructure Program" in Title 42 of the General Laws, which provides a legal framework for public-private partnerships (PPPs) in infrastructure projects. It defines key terms such as "affected jurisdiction," "contract," "contractor," and "design-build-finance-operate-maintain," among others, to lay the groundwork for PPPs. The bill details the nature of PPP agreements, the procurement process, and the responsibilities of private entities in operating and maintaining facilities. It also sets up an oversight commission to review and approve requests for proposals and ensure transparency in the evaluation of PPP projects.
The bill introduces new legal language to define various business entities and terms related to PPP infrastructure projects, such as "Proposal development documents," "Public-private agreement," and "Qualified facility." It outlines the creation of a report on PPPs, the competitive sealed proposals procurement process, and the establishment of a special oversight commission. Additionally, the bill specifies the content of RFPs, the process for discussions with bidders, and the content requirements for public-private agreements, including a maximum term of 50 years. It also details the terms and conditions for public-private agreements and the actions to be taken upon termination or material default by a private entity. The bill authorizes the department to request funding through bonds or notes and to accept funds from various sources for PPP projects, and it grants the state eminent domain powers for acquiring property for these projects. The act would take effect upon passage.