|October 18, 2013|
Previously published on October 2013
In recent years, one approach to infrastructure building on which state and local governments have increasingly relied is the public-private partnership (P3). P3s place a broad range of project responsibilities and risks onto private entities, some of which were traditionally borne by public agencies alone. Typically, a P3 agreement calls on the private partner to not only design and build a facility, but also to finance, operate and maintain it. In exchange, the private party may be entitled to tolls or user fees that the facility generates, or may receive direct payments from the government. In this article, we discuss the status of California law as it applies to P3s and examine a debate in progress surrounding a P3 project in Long Beach.