The bill establishes a new chapter, CHAPTER 13.2, in Title 42 of the General Laws, creating a framework for public-private partnerships (PPPs) in infrastructure development. It defines essential terms such as "affected jurisdiction" and "qualified facility," and outlines various project delivery methods, including "design-build-finance-operate-maintain" and "design-build-operate-maintain." A special oversight commission, composed of seven members appointed by the governor, is created to review and approve requests for proposals related to these partnerships, ensuring compliance with applicable laws. The commission will provide an initial written response to requests for proposals within fifteen days and will report on various issues surrounding the proposals.
The bill allows the department to enter into contracts for these services without competitive bidding, provided that all proposals meet legal standards. It specifies that public-private agreements must adhere to existing chapters regarding labor laws and outlines the necessary content for these agreements, including project financing, maintenance terms, and provisions for user fees. The agreements must also include terms related to the rights and duties of the private entity/operator and the department, as well as procedures for amendment and termination.
In cases of material default by a private entity/operator, the department is granted rights to take over facilities and terminate agreements. The bill also allows for the issuance of bonds or notes to fund these projects, clarifying that such financial instruments will not be considered state debt. Furthermore, it permits the acceptance of federal funds and private contributions, emphasizing a collaborative approach to financing infrastructure projects. The act will take effect upon passage.