Nebraska State Register

New Rules for When Use of Public Private Partnerships may be Appropriate. The purpose of the proposed rules is to set forth the criteria to be used in determining when P3 is to be used for a particular water and natural resources project, which has not been previously utilized by the Department. o Section 01.01 adopts definitions for the terms, “Alternative Project Delivery Method,” “Public Private Partnership, or P3,” and “Value-for-Money.” o Section 01.02 states that the purpose of the rules is to implement Neb. Rev. Stat. § 61-520, which establishes criteria to be used in determining when a P3 Alternative Project Delivery Method should be considered for a particular Department water and natural resources project. o Section 01.03 establishes public policy reasons for when the Department promotes and encourages the use of P3 to be more appropriate than other Alternative Delivery Methods. o Section 01.04 adopts several criteria to weigh in analyzing when use of P3 may be appropriate for delivery of a Department water and natural resources project. For example, whether the project presents complex technical requirements; whether P3 delivery may better meet the public expectations for project approach, project cost, and completion; whether P3 delivery may make for more efficient use of State resources; and various capital planning, budgetary, and other monetary considerations the Department may take into account. - 2 - o Section 01.05 adopts interpretive intent and identifies constraints of the proposed rules that the Department may take into consideration. Specifically, the Department is not required to use the P3 delivery method, and will conduct analyses on whether P3 is appropriate on an individual project basis. Furthermore, the criteria listed in the rule are not exclusive and no single criterion is to be construed as more or less important than another.