An Act Relating to the Creation of Public-private Facilities and Infrastructure
Sec. 1. 5 MRSA c. 167 is enacted to read:
PUBLIC-PRIVATE INFRASTRUCTURE AGREEMENTS
§ 2041. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 2042. Declaration of public purpose
§ 2043. Applicability
§ 2044. Authority to enter into agreements
A responsible governmental entity may enter into an agreement with a private entity or person for the development or operation of a qualifying project in accordance with this chapter.
§ 2045. Adoption of guidelines by responsible governmental entities
(1) Evaluating a qualifying project, including the scope, costs and duration of the project and the involvement or effect of the project on multiple public entities;
(2) The creation and responsibilities of an oversight committee, with members representing the responsible governmental entity, that acts as an advisory committee to review the terms of a proposed interim agreement or comprehensive agreement; and
(3) Compliance with the requirements of this chapter;
(1) Specific information and documentation regarding the nature, timing and scope of a qualifying project;
(2) A reasonable period of not less than 45 days, as determined by the responsible governmental entity, during which the responsible governmental entity must accept submission of competing proposals for the qualifying project to encourage competition and partnerships; and
(3) A requirement for posting the notice on the responsible governmental entity's publicly accessible website and adoption of a public notice process; and
§ 2046. Approval required
A private entity or person may not develop or operate a qualifying project under this chapter unless that private entity or person obtains the approval of a responsible governmental entity under this chapter. A private entity or person may initiate the approval process by submitting a proposal requesting approval under section 2047, subsection 1 or a responsible governmental entity may request proposals under section 2047, subsection 2.
§ 2047. Qualifying projects; proposals; approval
(1) A conceptual design of the facility or a conceptual plan for the provision of services or technology infrastructure; and
(2) A schedule from the initiation to the completion of the qualifying project that includes the proposed major responsibilities and timeline for activities to be performed by the responsible governmental entity and the private entity or person;
A responsible governmental entity that makes a determination to reject a proposal submitted under this subsection shall return the proposal, all fees and accompanying documentation to the private entity or person submitting the proposal. Rejected proposals are not public records and to protect the intellectual property of the private entity or person who submitted the proposal may not be retained by the responsible governmental entity.
§ 2048. Posting of proposals; public comment; public access to procurement records
An inspection of procurement transaction records under this subsection is subject to reasonable restrictions to ensure the security and integrity of the records.
This section applies to any proposal under subsection 1 regardless of whether the proposal results in an interim agreement or comprehensive agreement.
§ 2049. Service contracts
A responsible governmental entity may contract with a contracting person for the delivery of services to be provided as part of a qualifying project in exchange for service and other consideration as the responsible governmental entity considers appropriate.
§ 2050. Affected jurisdictions
A private entity or person submitting a proposal to a responsible governmental entity under section 2047 shall provide a copy of that proposal to each affected jurisdiction. Not later than the 60th day after the date an affected jurisdiction receives the notice required under this section, the affected jurisdiction shall submit in writing to the responsible governmental entity comments the affected jurisdiction has on the proposed qualifying project indicating whether the facility or project is compatible with a local comprehensive plan, a local infrastructure development plan, a capital improvements budget or other government spending plan. The responsible governmental entity shall consider the submitted comments before entering into a comprehensive agreement with a contracting person.
§ 2050-A. Dedication and conveyance of public property
§ 2050-B. Powers and duties of contracting person
§ 2050-C. Comprehensive agreement
§ 2050-D. Interim agreements
Before entering into a comprehensive agreement, a responsible governmental entity may enter into an interim agreement with a contracting person proposing the development or operation of a qualifying project. An interim agreement may:
§ 2050-E. Federal, state and local assistance
§ 2050-F. Performance and payment bonds
The construction, remodel or repair of a qualifying project may be performed only after performance and payment bonds for the construction, remodel or repair have been executed in accordance with requirements in chapter 153 regardless of whether the qualifying project is on public or private property or is publicly or privately owned.
For purposes of this section, a qualifying project is considered a public work under chapter 153 and the responsible governmental entity shall assume the obligations and duties of a governmental entity under that chapter. The obligee under a performance bond under this section may be a public entity, a private person or an entity consisting of both a public entity and a private person.
§ 2050-G. Material default; remedies
§ 2050-H. Eminent domain
At the request of a contracting person, a responsible governmental entity may exercise any power of eminent domain that it has to acquire any land or property interest to the extent that the responsible governmental entity dedicates the land or property interest to public use and finds that the action serves the public purpose of this chapter. Any amounts to be paid in an eminent domain proceeding must be paid by the contracting person.
§ 2050-I. Affected facilities
For the purposes of this section, "facility" means real estate and improvements used principally for commercial purposes.
§ 2050-J. Procurement guidelines
This bill authorizes and establishes a framework for governmental entities to enter into agreements with private entities and persons to develop or operate qualifying projects, including, but not limited to, ferries, mass transit facilities, vehicle parking facilities, port facilities, power generation facilities, fuel supply facilities, oil or gas pipelines, water supply facilities, public works facilities, waste treatment facilities, hospitals, schools, medical facilities, nursing care facilities and recreational facilities.