HB 3123 Summary

• Creates the Oklahoma Public and Private Facilities and Infrastructure Act to enable public-private partnerships for development and operation of public infrastructure and facilities, including transportation, utilities, schools, hospitals, and government buildings.

• Allows private entities to submit proposals or respond to government requests for qualifying projects, with responsible governmental entities making final approval decisions based on public need, cost-effectiveness, and other factors.

• Requires comprehensive agreements between contracting entities and governmental entities that establish user fees, lease payments, service payments, insurance requirements, performance bonds, and conditions for termination or default.

• Prohibits alteration of eminent domain laws, requires public notice and hearing periods (45+ days for proposals, 30 days before agreement execution), and mandates public inspection of procurement records while protecting trade secrets and financial information.

• Becomes effective November 1, 2016; does not restrict governmental entities from using other procurement methods.