Kentucky 2023 Regular Session

Kentucky Senate Bill SB169

Introduced
2/17/23  
Refer
2/17/23  
Refer
2/21/23  
Report Pass
2/23/23  
Engrossed
3/3/23  
Refer
3/3/23  
Refer
3/7/23  
Report Pass
3/9/23  
Enrolled
3/15/23  
Enrolled
3/15/23  
Chaptered
3/21/23  

Caption

AN ACT relating to public-private partnerships.

Impact

The implementation of SB 169 is set to enhance the structure and clarity of PPP agreements within local governments in Kentucky. This legislative change allows for flexibility in executing projects that involve both public and private sectors while ensuring that local governments retain authority over these projects. Specifically, the bill aims to standardize the procurement process and ensure that local bodies maintain oversight, potentially promoting smoother collaborations with private partners and enhancing service delivery through greater efficiency and resource pooling.

Summary

Senate Bill 169 relates to public-private partnerships (PPPs) in Kentucky, amending existing laws to facilitate local governments' ability to engage in these agreements for projects. The bill defines terms relevant to PPPs and establishes clear guidelines on how local governments can enter into contracts with private entities. Furthermore, it outlines the responsibilities of the local government regarding oversight and the requirements for competitive bidding based on the 'best value' criteria. Notably, local governments are required to maintain their responsibilities even when delegating functions to private partners.

Sentiment

The sentiment surrounding SB 169 is largely supportive from those who advocate for leveraging private sector resources and expertise in public projects. Proponents argue that structured PPPs will lead to improved infrastructure and public services through shared risks and investment. However, there are concerns regarding the potential for reduced local control in decision-making and transparency, as some critics fear that overly privatized arrangements might prioritize profit over public interest. As a result, the discussions reflect a mix of optimism about improved project outcomes and caution about ensuring adequate oversight and community involvement.

Contention

Key points of contention arise concerning the degree of control local governments maintain over PPP agreements. Critics express that while the bill enhances the ability to form these partnerships, it may inadvertently diminish the legislative body's control if not properly monitored. Additionally, the distinction between competitive bid requirements for larger projects versus smaller ones creates debate on fairness and accessibility for smaller local businesses that wish to participate in such agreements. Ultimately, the balance between open competition, local control, and efficiency remains a focal point of ongoing discussions.

Companion Bills

No companion bills found.

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