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MK is counsel in the Capital Projects + Infrastructure Practice Group. Her practice focuses on the development, acquisition, and financing of large-scale infrastructure assets. MK has represented sponsors, infrastructure funds, commercial banks, institutional lenders, and contractors in the development, construction, financing, and operation of projects in the air, road, rail, social infrastructure, water, and renewable energy sectors. She has first-hand knowledge of the project and financing documentation for some of the most innovative, landmark infrastructure projects in the United States and Caribbean, including public-private partnerships.

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way for states and localities to effectively create a new and reliable supply of potable water.

Since

This article was originally published in the November-December 2023 issue of Pratt’s Energy Law Report and is republished here with permission.

As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. In a pioneering

Introduction

As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings.[1] In a pioneering move, the Biden administration and Department of Energy (DOE) recently announced the Climate Smart Buildings Initiative (CSBI).[2] This bold initiative aims to upgrade federal buildings across the U.S. with emerging and sustainable technologies in an effort to meet the Biden administration’s Federal Building Performance Standard, which sets an ambitious goal to cut energy use and electrify equipment and appliances in 30%of the building space owned by the federal government by 2030.[3]

Introduction

America’s water infrastructure has long faced a critical need for funding and modernization. According to the American Society of Civil Engineers, there is a $105 billion funding gap for drinking water and wastewater infrastructure projected over the next two decades.[1] The Infrastructure Investment and Jobs Act (IIJA) addresses this issue head-on, allocating $55 billion to water infrastructure — the largest federal investment of its kind in the nation’s history.[2] However, the significance of the IIJA extends beyond its substantial funding. It distinguishes itself through a deliberate emphasis on efficiency, innovation, and collaboration in project delivery — a strategic focus that aligns seamlessly with the core principles driving successful public-private partnerships (P3s). As a result, the IIJA emerges as a catalyst, paving the way for the increased use of P3s in transforming America’s water infrastructure. This convergence of the IIJA’s ambitious objectives with the inherent advantages of P3s presents an extraordinary opportunity to revitalize our water systems, creating infrastructure that is resilient, sustainable, and capable of meeting future challenges.

The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to consider P3s and incentivizes private entities to engage in the P3 market by dismantling roadblocks that have prevented the widespread adoption of P3s in the U.S. — including by removing government red-tape, increasing the availability of federal funding, and delivering much needed technical expertise and guidance to successfully execute P3s. In this article, the first in a series, we explore (1) the doubling of private activity bonds, (2) a P3 technical assistance program for government agencies, (3) TIFIA driven value-for-money analyses, (4) the streamlining of important environmental reviews, and (5) the creation of a government reporting feedback loop on P3 projects.