SUMMARY OF P3 LEGISLATIVE STATUS:
Pilot program allows for evaluation of water-related P3 projects.
Does this state have broadly enabling P3 legislation?
The state's statutory authority enables a specific asset class to consider pilot projects to develop public-private partnerships to increase water security.
Does the state allow for unsolicited proposals?
The current statutory authority does not address submission and consideration of unsolicited proposals for P3s infrastructure projects.
What is the P3 contract approval authority?
Agency with jurisdiction: DLNR.
What is the state's P3 procurement process?
The Water Security Advisory Group shall advise the Department of Land and Natural Resources on the priority of all proposals for projects or programs submitted by public or private agencies or organizations to increase water security in the State and recommend high-priority programs for the award of matching funds through the pilot program established pursuant to Act 172.
Does the state have resources dedicated to P3s?
Department of Land and Natural Resources (DLNR) is the lead agency for water security.
Is this a Home Rule state, with limitations or opportunities for P3?
Hawaii employs Dillon's Rule to all municipalities; which allows the legislature to control local government structure, methods of financing its activities, procedures and authority.
Does this state have programmatic requirements for MWDBE participation?
There are no explicit provisions for local hiring or municipal labor or MWDBE participation, beyond existing state and county mandates for such participation on public works.
Does this state have programmatic requirements for labor participation?
Each public-private partnership project shall be subject to the prevailing wage requirements associated with funding sources (i.e., Davis-Bacon).
Does this state have programmatic requirements for performance security?
Compliance with Federal mandates related to payment and performance guarantees is required for projects involving Federal funding (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
The State may combine other funding and financing resources, including county, state and Federal government funding programs, as well as private philanthropic and corporate entities, to leverage funds and provide matching opportunities. This includes access to WIFIA, as applicable.
What project types or asset classes are eligible for P3s in this state?
Purpose of the pilot phase is to enable public-private partnerships that increase water security by providing matching state funds for projects and programs that: l) Increase the recharge of groundwater resources; (2) Encourage the reuse of water and reduce the use of potable water for landscaping irrigation; and (3) Improve the efficiency of potable and agricultural water use.
Are there projects where the P3 procurement method has been applied?
The provisions of the P3-enabling statute have not been exercised as of yet.