MA S2222

Creates new Chapter 40X in Massachusetts General Laws authorizing municipalities, redevelopment authorities, and water/sewer districts to enter public-private partnership agreements for water supply, stormwater, wastewater, and flood control infrastructure projects

Exempts these agreements from standard competitive bidding requirements under Chapters 7C, 30, 149, and 149A, instead establishing a separate request-for-proposals process with evaluation criteria including price, life-cycle costs, technical merit, and offeror qualifications

Allows agreement terms of up to 20 years with two optional 10-year renewals, and permits public agencies to issue general obligation bonds, revenue bonds, or private activity bonds to finance projects

Requires agreements to include performance guarantees, liability insurance, inspection/audit rights, and provisions for public agency takeover upon material default by the private operator

All project rights and interests revert to the public agency upon termination or expiration of the agreement, and debt issued under this chapter does not constitute state debt or pledge state credit