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," "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, will review and approve all requests for proposals related to these partnerships, ensuring compliance with applicable laws.
The bill allows the department to solicit proposals for design-build-finance-operate-maintain or design-build-operate-maintain services without adhering to competitive bid requirements, provided they comply with existing regulations. It mandates that all public-private agreements include specific provisions, such as the term of the agreement, maintenance responsibilities, and user fee structures.
Additionally, the bill grants the department the authority to take over a facility in the event of a material default by the private operator. It allows for the issuance of bonds or notes to fund these projects, clarifying that such financial instruments will not constitute state debt. The legislation also permits the acceptance of federal funds and other contributions, emphasizing that the financing will not be considered a debt of the state or its political subdivisions. Overall, the bill aims to enhance infrastructure development through collaboration while ensuring oversight and accountability.