We Built It, and They Came! Now What? Public-Private Partnerships in the Replacement Era

Public entities currently manage the vast majority of roads, water systems, sewers, utilities, transportation, and communication systems. Much of this infrastructure will be due for replacement in the coming years, and public entities are not well suited to singlehandedly perform the task. State and local governments should therefore consider expanding participation in public-private partnerships. Different from privatization, public-private partnerships take a variety of forms that benefit a range of public interests. This Article sets forth public-private partnerships’ legal authority and historical employment in U.S. infrastructural needs. It continues by cataloging the types of available public-private partnerships in great detail. The Author provides public entities with practical considerations in (1) selecting a private partner; (2) selecting a specific form of public-private partnership; and (3) drafting contract-provisions that maximize the partnership’s efficiency. The Article concludes by addressing common counterarguments to public-private partnerships and advocating these partnerships’ implementation to meet the massive infrastructure needs that dawn on the horizon of the Replacement Era.