NASBP has recently released a new resource to assist with the identification and analysis of the myriad public-private partnership laws throughout the country. NASBP has created an interactive map that will allow users quick and easy access to the P3 laws in their state as well as an analysis of the bonding provision of each law. This resource builds off the P3 chart NASBP created in conjunction with the American Subcontractors Association and the Surety & Fidelity Association of America. In this chart NASBP analyzed over 78 state statutes to identify the bonding requirements of each. The resource map is color-coded by the following categories of statutes:
- Little Miller Act Referenced – The performance and/or payment bond provision of the state’s Little Miller Act is specifically mentioned.
- Project Specific – Certain P3 projects in the state require bonding.
- Discretionary – The public agency overseeing the project has discretion to use surety alternatives or bond the project at less than 100% of the contract price.
- No bonding required – No reference to payment security is mentioned.
- No P3 program – The state does not have a statute authorizing P3 project delivery.
Public-private partnerships are a major issue for NASBP and the Association is urging greater adoption of bonding requirements and consistency in state P3 laws. Bonding requirements make sure projects use a contractor who has been vetted during the surety prequalification process, with the goal of guarding taxpayers from the costs of a default and guaranteeing that subcontractors are paid.
This resource is only available to NASBP members, affiliates, and associates and can be accessed here.