Enabling laws explicitly give government entities the authority to enter into P3s. They typically specify which public bodies can use P3s, define the types of infrastructure for which P3s can be used, and lay out procurement and contracting requirements. P3 enabling laws vary widely from State to State. This webpage provides brief summaries and links to enabling statutes for implementing transportation-related P3 projects in 40 States, the District of Columbia, and Puerto Rico. There are multiple rows for States that have enacted distinct enabling provisions and codified them separately.
It should also be noted that many States and public agencies have prepared additional regulations and guidance for the procurement and implementation of P3 projects. This information may not be captured in the summary.
The map below identifies the States and territories that have enacted statutes that enable the use of various P3 approaches for the development of transportation infrastructure. "Broad" authority describes statutes that authorize a number of agencies and multiple eligible project types. States with "Limited" authority restrict the use of P3s to specific projects, specific project types (e.g., toll roads only), or projects sponsored by select agencies. "Limited" authority also refers to statutes that limit the total number of P3 projects that can be executed by an agency.
Last Updated: 11/20/2025
| State | Category | Allows for Unsolicited? | Statute(s) | Overview |
|---|---|---|---|---|
| Alabama | Broad | No | Ala. Code § 23-1-40(h) | Describes the general duties and powers of the State DOT. Gives the DOT the authority to enter into contracts with public or private entities for the construction of a public road, bridge, or tunnel. The DOT may use design-build, design-build-operate, design-build-own-operate, design-build-own-operate-maintain, design-build-finance-operate-maintain, or other similar project delivery models. The DOT may also enter leases, licenses, franchises, concessions, or other agreements for the development, operation, management, or undertaking of all or any part of a public road, bridge, or tunnel project. |
| Alabama | Broad | No | Ala. Code § 23-1-81 | Authorizes county commissions and the State DOT to license private entities to establish or operate toll roads, toll bridges, ferries, or causeways. Allows the authorization of a licensee to establish and fix the toll rates. |
| Alabama | Broad | No | Ala. Code § 23-2-144 | Authorizes the Alabama Toll Road, Bridge, and Tunnel Authority to enter into agreements for design-build, design-build-operate, design-build-own-operate, or design-build-own-operate-maintain contracts, or other similar arrangements or agreements. Also allows for leases, licenses, franchises, concessions, or other agreements for the development, operation, management, or undertaking of all or any part of a project. Allows any entity that owns, leases, or otherwise operates a toll facility to set and collect tolls, subject to such conditions as the authority and the State DOT may establish. Allows bids to be awarded by best value or qualifications. Sets the maximum maturity of bonds at 75 years. |
| Alaska | Limited | No | Alaska Stat. §§ 19.75.011 to 990 | Authorizes the Knik Arm Bridge and Toll Authority to enter into P3s in any form to finance, design, construct, maintain, improve, or operate the Knik Arm Bridge. Allows the authority to issue bonds or incur other forms of indebtedness to finance the project and to fix and collect tolls for the use of the bridge. |
| Arizona | Broad | Yes | Ariz. Rev. Stat. §§ 28-7701 to 7710 | Comprehensive statute that authorizes P3s for transportation projects. Authorizes the State DOT to enter into agreements with private entities to design, build, finance, maintain, operate, manage and/or lease transportation facilities, or for any other project delivery method that the DOT determines will serve the public interest. Allows for availability payments and revenue sharing. Limits agreements to no more than 50 years, which may be extended by the DOT. Requires any foreign entity that submits a concession agreement to provide satisfactory evidence of compliance with certain requirements. Prohibits noncompete clauses in that a P3 agreement must include a provision that bars a private partner from seeking relief to hinder the DOT from developing or constructing any facility that was planned at the time the agreement was executed. However, an agreement may provide for reasonable compensation to the private partner for adverse effects on revenues resulting from the development and construction of a then-unplanned facility. |
| Arkansas | Limited | N/A | A.C.A. § 27.76.402 | Prohibits a regional mobility authority from selling a toll facility project to a private entity or entering into a lease or concession agreement for a toll facility. |
| Arkansas | Limited | Yes | A.C.A. §§ 27-86-201 to 211 | Allows counties to grant franchises to private entities to build toll bridges, turnpikes, or causeways over or along swamps, watercourses, lakes, or bays whenever it is in the public interest. Requires consent from the federal government for construction of a toll bridge over any navigable stream. Gives counties superintending authority on rates. Prohibits granting a franchise to operate a toll road on the State highway system. |
| Arkansas | Broad | No | A.C.A. §§ 22-10-101 to 22-10-505 | Permits an Arkansas State agency (except the DOT) to enter a P3 agreement with a private party to provide many types of public infrastructure, including highways, bridges, tunnels, toll roads, and mass transit facilities. Section 22-10-105 explicitly excludes projects of the DOT. |
| Arkansas | Broad | Yes | A.C.A. § 27-67-206 | Authorizes the State Highway Commission to establish written procedures and rules for the procurement of design-build and design-build-finance services, as well as agreements for a concession. Authorizes the State Highway Commission to contract with a private entity to design, construct, improve, and maintain qualified projects. |
| California | Limited | Yes | Cal. Gov. Code §§ 5956 to 5956.10 | Authorizes local governmental agencies to enter into agreements with private entities to study, plan, design, construct, develop, finance, maintain, rebuild, improve, repair, and/or operate a variety of fee-producing infrastructure facilities, including rail, highway, bridge, tunnel, or airport projects. Prohibits using the authority in this section to design, construct, finance, or operate a toll road on a State highway. Note: Section 143 of the CA SHC Code granted P3 authority to Caltrans and regional transportation agencies, but it expired in 2017. |
| Colorado | N/A | No | Colo. Rev. Stat. § 32-9-128.5 | Authorizes the Regional Transportation District to loan the net proceeds of private-activity or exempt-facility bonds to a private entity to finance all or a portion of a mass transit project. |
| Colorado | Broad | Yes | Colo. Rev. Stat. §§ 43-1-1201 to 1209 | Allows the State DOT to enter into agreements for public-private initiatives, including for the design, financing, construction, operation, maintenance, and/or improvement of toll roads, turnpikes, and high-occupancy toll lanes. |
| Colorado | Limited | Not specified | Colo. Rev. Stat. § 43-2-219 | Authorizes a board of county commissioners to enter into public-private initiatives for county highways and bridges, to privatize any county highway or bridge, or to charge tolls for such facilities. |
| Colorado | Limited | No | Colo. Rev. Stat. § 43-3-202.5 | Authorizes the State DOT to enter into P3s to design, finance, construct, and operate a new turnpike project or to improve an existing turnpike project by modernizing, upgrading, expanding, or maintaining it. Requires that the public or private entity secure and maintain liability insurance coverage. |
| Colorado | Limited | Not specified | Colo. Rev. Stat. §§ 43-3-403-413 | Authorizes the Transportation Commission, with the approval of the governor, to enter into a contract with a private entity for the construction, maintenance, and operation of one or more tunnels. Permits the contractor to be reimbursed for the cost of construction, maintenance, and operation, together with a reasonable profit, from fees, fares, and tolls to be charged by the contractor. Requires all rates for tolls or fees to be charged by a private contractor to first be approved by the commission. |
| Colorado | Broad | Yes | Colo. Rev. Stat §§ 43-4-801 to 812 | Creates the Statewide Bridge Enterprise and authorizes it to enter into P3s to design, develop, construct, reconstruct, repair, operate, or maintain bridge projects. Also creates the High-Performance Transportation Enterprise (HPTE) to seek out and enter into P3s and other innovative means of completing surface transportation infrastructure projects. Establishes both enterprises as government-owned businesses within the State DOT. |
| Connecticut | Limited | No | Conn. Gen. Stat. §§ 4-255 to 4-263 | Authorizes the Governor to approve up to five transportation projects to be implemented as P3s between June 28, 2021, and January 1, 2027. Eligible projects include the design, development, operation, or maintenance of new or existing project types involving transportation systems, including transit-oriented development and related infrastructure. Limits the term of P3s to 50 years from the date of full execution. Exempts from municipal property tax any State property developed, operated, or held by a private entity pursuant to a P3. |
| Delaware | Broad | Yes | Del. Cod. Ann. Tit. 2, §§ 2001 to 2012 | Comprehensive statute that authorizes P3s for transportation projects. Authorizes the secretary of transportation to enter into agreements with private entities to study, plan, design, construct, lease, finance, operate, maintain, repair, and/or expand transportation systems. Establishes the Public-Private Initiatives Program Revolving Loan Fund, which provides funds for financing such projects. |
| Florida | Broad | Yes | Fla. Stat. Ann. § 255.065 | Authorizes local and regional governments to enter into comprehensive agreements (P3s) for the building, upgrading, operating, ownership, or financing of qualifying projects. Qualifying projects include ferry or mass transit facilities, vehicle parking facilities, airport or seaport facilities, rail facilities, and oil or gas pipelines. Lays out requirements for comprehensive agreements. Allows comprehensive agreements to authorize private partners to impose user fees. |
| Florida | Broad | Yes | Fla. Stat. Ann. § 334.30 | Comprehensive statute that authorizes P3s for transportation projects. Authorizes the State DOT, with legislative approval, to enter into agreements with private entities to build, operate, own or finance transportation facilities. Creates evaluation criteria for such projects. Prohibits noncompete clauses. Exempts private entities from certain taxes. Allows the DOT to lease existing toll facilities (except the Florida Turnpike System) through P3s with legislative approval. The DOT also may develop new toll facilities or increase capacity on existing toll facilities through P3s. Requires provisions in the P3 agreement that ensure a negotiated portion of revenues from tolled or fare-generating projects is returned to the DOT over the life of the agreement. Allows a private entity to impose tolls or fares, subject to DOT regulation and certain limits. Allows for availability payments or shadow tolls, subject to annual appropriation by the legislature. Limits P3 terms to no more than 50 years; however, the Secretary of Transportation may authorize a term of up to 75 years, and the legislature may approve a term exceeding 75 years. Limits the total obligations for all projects under this section to no more than 15 percent of total federal and State funding for the State Transportation Trust Fund in any given year. |
| Florida | Broad | Yes | Fla. Stat. Ann. § 337.251 | Authorizes the State DOT to lease to public or private entities, for a term not to exceed 99 years, the use of DOT property, including rights-of-way. Also authorizes the DOT to lease the use of areas above or below State highways or other transportation facilities for commercial purposes. Leases under this section may not interfere with the primary State transportation needs nor be contrary to the best interests of the public. |
| Florida | Limited | Yes | Fla. Stat. Ann. § 348.0308; Fla. Stat. Ann. § 348.635; Fla. Stat. Ann. § 348.7605; | Authorizes the Greater Miami Expressway Agency, Tampa-Hillsborough County Expressway Authority, and Central Florida Expressway Authority to enter into P3s for the building, operation, ownership, or financing of agency transportation facilities or new transportation facilities within the jurisdiction of the agency that increase transportation capacity. Requires approval by the Legislative Budget Commission before award of a contract to lease an existing toll facility. |
| Georgia | Broad | N/A | Ga. Code Ann. §48-5-41; Ga. Code Ann. §48-5-421.1 | Exempts property that qualifies as a public-private transportation project from property taxes and provides that such projects shall not constitute special franchises. |
| Georgia | N/A | N/A | Ga. Code Ann. §32-2-41(b)(6) | Allows the commissioner to establish a Public-Private Initiatives Division within the State DOT. |
| Georgia | Broad | No | Ga. Code Ann. §§ 32-2-78 to 80 | Authorizes the State DOT to solicit and accept proposals for projects that are funded or financed in part or in whole by private sources. Requires all future P3 projects to be solicited by the DOT. Includes public comment requirements and criteria for the DOT to use in awarding contracts. Authorizes contracts to include tolls, fares, or other user fees and tax increments for use of the project. Final approval of P3 contracts shall be by action of the State Transportation Board. |
| Georgia | Broad | Yes | Ga. Code. Ann. §§ 36-91-110 to 36-91-118 | Establishes guidelines for P3 procurements by local governments. Outlines procedures for the review and analysis of each proposal. 'Qualifying project' means any project selected in response to a request from a local government or submitted by a private entity as an unsolicited proposal and subsequently reviewed and approved by a local government as meeting a public purpose or public need. Excludes from definition of qualifying project any projects involving the generation of electric energy for sale, communication services, cable and video services, or water reservoir projects. |
| Illinois | Limited | Not specified | 20 ILCS 2705/2705-450 | Authorizes the State DOT to enter into agreements with any public or private entity for the purpose of promoting and developing high-speed rail and magnetic levitation transportation within the state. |
| Illinois | Limited | Yes | 620 ILCS 75/2-20 to 55 | Authorizes the State DOT to enter into one or more P3s to develop, finance, construct, manage, operate, and/or maintain the South Suburban Airport. The term of a P3 agreement is lifted to 75 years, though the term may be extended by the General Assembly by law. Defines the prequalification and procurement processes. Describes the provisions to be included in the P3 agreement. The P3 developer cannot impose user fees except as set forth in the P3 agreement. |
| Illinois | Limited | No | 605 ILCS 130/1 to 130/999 | Authorizes the State DOT to enter into a P3 to develop, construct, manage, or operate the Illiana Expressway. Limits the contract term to 99 years, including extensions. Requires legislative approval for all extensions. Requires the contractor to enter into a project labor agreement and comply with all applicable provisions of the State Prevailing Wage Act. |
| Illinois | Broad | Yes | 630 ILCS 5/1 to 5/90 | Provides broad authority for the development of new P3 projects by the State DOT and Tollway Authority. Eligible projects include roads, bridges, intermodal facilities, intercity or high-speed passenger rail, or other transportation facilities. Airports and toll roads are not eligible unless authorized by law. Can be applied toward reconstruction or expansion of existing assets. Describes project identification processes and the need for legislative authorization by joint resolution of the Illinois House and Senate. Defines three types of procurement processes: sealed bidding, sealed proposals, and design-build. A preferred proponent's proposal will be reviewed by the State's Commission on Government Forecasting and Accountability. The Governor makes the final award decision. |
| Indiana | Broad | No | Ind. Code Ann. §§ 5-23-8-1 to 5-23-8-4 | Authorizes governmental bodies to enter into a P3 with respect to a transportation project. Allows the use of availability payments to finance all or part of a project. A governmental body may also enter into a development agreement with a private party for the development, construction, and financing of a privately owned and operated transportation or infrastructure project if the development agreement meets certain conditions. Authorizes use of availability payments. A 2025 law (P.L. 173-2025) added section 5-23-8-4, which authorizes P3s for shared arterial roadways. |
| Indiana | Broad | No | Ind. Code Ann. §§ 8-15.5-1-1 to 8-15.5-13-8 | Authorizes the Indiana Finance Authority to enter into P3 agreements with private entities to plan, design, acquire, construct, reconstruct, improve, extend, expand, lease, operate, repair, manage, maintain, or finance non-tolled and toll road projects. Neither the Indiana Finance Authority nor the State DOT may issue a request for proposals for a P3 that would authorize an operator to impose user fees unless the budget committee has reviewed the request for proposals. Stipulates that the General Assembly must enact an authorizing law before the authority pursues a P3 that would impose user fees for use of I-69 or would impose user fees for the use of non-tolled roadways that were in existence or under construction as of July 1, 2011. The general assembly is not required to enact a statute authorizing the Indiana Finance Authority or the State DOT to issue a request for proposals or enter into a public-private agreement for a non-tolled roadway. Limits lease terms to no more than 75 years. |
| Indiana | Broad | No | Ind. Code Ann. §§ 8-15.7-1-1 to 8-15.7-16-8 | Authorizes the State DOT to enter into P3s to develop, finance or operate transportation projects, including tollways, roads and bridges, and some rail projects. Neither the Indiana Finance Authority nor the State DOT may issue a request for proposals for a P3 that would authorize an operator to impose user fees unless the budget committee has reviewed the request for proposals. Stipulates that the General Assembly must enact an authorizing law before the State DOT pursues a P3 that would impose user fees for use of I-69 or would impose user fees for the use of non-tolled roadways that were in existence or under construction as of July 1, 2011. |
| Kentucky | Broad | No | Ky. Rev. Stat. § 45A.077 | Provides an explicit framework for the use of P3s as an alternative method of procurement, construction, and financing of capital projects and services by the State government. Directs the Secretary of Finance and the Administration Cabinet to establish regulations with criteria to be used to determine when a P3 may be used for a particular project. Stipulates what should be included in a request for proposals and establishes procedures regarding unsolicited proposals. P3 projects costing $25 million or more must be authorized by the General Assembly. |
| Louisiana | Limited | No | La. Rev. Stat. Ann. §§ 34:51 to 34:57 | Authorizes the Port of New Orleans to utilize P3s for the St. Bernard Transportation Corridor roadway project, which will serve as the direct commercial traffic corridor for the Louisiana International Terminal to the interstate highway system. Authorizes the development of a transportation facility that may include bridges, elevated roadways, and limited-access features. Requires approval by the DOTD before including any elements that impact the State highway system. Authorizes user fees for the roadway and specifies that the roadway and its property are exempt from taxation. |
| Louisiana | Broad | No | La. Rev. Stat. Ann. § 48:250.4 | Authorizes the DOTD to solicit and enter P3 contracts for a transportation facility. Requires the department to receive approval from the House and Senate transportation, highways, and public works committees prior to entering into a P3 contract. Stipulates that 25 percent of P3 projects undertaken by the DOTD should be located outside the boundaries of a metropolitan planning area. Rural projects are subject to approval of the House and Senate committee on agriculture and rural development, in addition to the approval of the House and Senate committees on transportation, highways, and public works. Prohibits the receipt of unsolicited proposals. Restricts the use of revenues or credits generated by the Belle Chasse Bridge P3 and the I-10 Calcasieu River Bridge P3. |
| Louisiana | Broad | No | La. Rev. Stat. Ann. § 48:1660.1 | Authorizes the Regional Transit Authority, with approval of the House and Senate transportation, highways, and public works committees, to solicit proposals for and enter into contracts for P3 projects for transportation facilities. Requires the Regional Transit Authority to comply with the statutory requirements applicable to P3 projects by the Louisiana Transportation Authority (R.S. 48:2084 to 2084.15). |
| Louisiana | Broad | Yes | La. Rev. Stat. Ann. §§ 48:2020 to 2037 | Encourages parishes and municipalities to use P3s to help the State finance improvements to the State highway system and meet local transportation needs. Authorizes parishes and municipalities to create transportation authorities, which may enter into agreements with public or private entities to construct, maintain, repair, and/or operate transportation projects. Allows transportation authorities to authorize investment of public and private money to finance such projects, subject to compliance with State law relative to use of public funds. |
| Louisiana | Broad | Yes | La. Rev. Stat. Ann. §§ 48:2071 to 2074; La. Rev. Stat. Ann. § 48:2077; La. Rev. Stat. Ann. §§ 48:2084 to 2084.15 | Creates the Louisiana Transportation Authority to pursue alternative and innovative funding sources including P3s, tolls, and unclaimed property bonds. Allows the authority to contract with a public or private entity to construct, maintain, repair, or operate authority projects, and to authorize the investment of public and private money to finance such projects, subject to compliance with State law relative to the use of public funds. Allows a private entity to impose user fees but prohibits a private entity from imposing tolls or user fees on any existing free transportation facility unless the facility is improved or expanded. |
| Louisiana | N/A | Yes | La. Rev. Stat. Ann. §§ 49:220.51 to 220.53 | Creates an Office of Louisiana Highway Construction in the Office of the Governor. New office is responsible for the study, planning, engineering, design, construction, operation, maintenance, repair, rehabilitation, and replacement of any nonfederal-aid highway that is part of the State highway system. Gives the new office the authority to exercise the same procurement procedures available to the DOTD in titles 38, 39, and 48 of the Louisiana Revised Statutes. |
| Maine | Broad | Yes | Me. Rev. Stat. Ann. Title 23, § 4251 | Authorizes the State DOT - with legislative approval - to enter into P3s for transportation projects with an estimated cost of more than $25 million or when a project proposal includes tolling existing transportation facilities that were not previously subject to tolls. Sets standards and requirements for P3 proposals, including completion of certain studies. Requires P3 proposals to limit the use of State capital funding to less than 50 percent of the initial capital cost of the facility and, to the extent practicable, minimize use of public funding sources. Allows a P3 agreement to authorize a private entity to impose tolls or fares, subject to certain requirements. Limits term length to 50 years unless the legislature, upon the recommendation of the commissioner of transportation, approves a longer term. |
| Maryland | Broad | Yes | Md. Code Ann., State Fin. & Proc. §§ 10A-101 to 10A-402 | Authorizes certain agencies (including the State DOT and the Maryland Transportation Authority) to pursue P3 project delivery. Allows agencies to determine their own regulations and processes for the procurement, development, and delivery of P3 projects, subject to review by the State legislature. Eligible projects are those that "develop and strengthen a public infrastructure asset in conjunction with a P3." |
| Maryland | Broad | Yes | Md. Code Regs. §§ 11.07.06.01 to 14 | Establishes a Maryland Transportation Authority program for P3s. Describes the role of a steering committee, identification process, screening process, procurement steps, and delivery procedures. |
| Massachusetts | Broad | Yes | Mass. Gen. Laws Ann. Ch. 6C §§ 63 to 66, 73 | Allows the State DOT to solicit proposals and enter into contracts for design-build-finance-operate-maintain or design-build-operate-maintain services through the sale, lease, operation, and maintenance of a transportation facility. Establishes a Special Public-Private Partnership Infrastructure Oversight Commission, which must comment on and approve all requests for proposals. |
| Minnesota | Limited | Yes | Minn. Stat. Ann. §§ 160.84 to 98 | Generally authorizes State and local road authorities to solicit or accept proposals from and enter into development agreements with private entities to develop, finance, design, construct, improve, rehabilitate, own, and/or operate toll facilities and high-occupancy managed lanes. Authorizes user fees for high-occupancy vehicle lanes or dynamic shoulder lanes. The extent to which a private entity can operate and maintain a road is significantly limited. Section 160.845 prohibits a road authority or a private operator from converting, transferring, or utilizing any portion of a highway to impose tolls or for use as a toll facility (excepting dynamic shoulder lanes or HOV/HOT lanes). Prohibits a road authority from selling, leasing, or executing a development agreement for a build-operate-transfer or build-transfer-operate facility that transfers an existing highway lane, or from otherwise relinquishing management of a highway if will continue to be used for highway purposes. |
| Mississippi | Limited | Yes | Miss. Code Ann. §§ 65-43-1 to 85 | Authorizes the Mississippi Transportation Commission, county boards of supervisors, and/or the governing authorities of municipalities to contract with other governmental agencies or private entities for the purpose of designing, financing, constructing, operating, and maintaining new toll roads or toll bridges. Prohibits noncompete clauses by authorizing toll roads or bridges at and along only those locations where an alternate untolled route exists. Limits contract terms to 50 years, which cannot be extended or renewed. Allows for solicited and unsolicited proposals. |
| Missouri | Limited | Yes | Mo. Rev. Stat. §§ 227.600 to 669 | Authorizes the Highways and Transportation Commission to enter into agreements with private partners to finance, develop, and/or operate any pipeline, ferry, river port, airport, railroad, light rail, or other mass transit facility. Any project not mentioned previously cannot be financed, developed, or operated by a private partner until it is approved by a popular vote. Excludes any highway, interstate, or bridge construction, or any rest area, rest stop, or truck parking facility connected to an interstate or other highway under the authority of the commission. |
| Missouri | Limited | Not specified | Mo. Rev. Stat. §§ 238.300 to 367 | Authorizes creation of special purpose, nonprofit "transportation corporations" by private parties, which may enter into agreements with the Highways and Transportation Commission in order to fund, promote, plan, design, construct, maintain, and operate one or more transportation projects. Authorizes such corporations to issue bonds and to establish and charge user fees for projects. Prohibits the earnings or assets of a transportation corporation from inuring to the benefit of any private interests, person, or entity. |
| Nebraska | Broad | No | Neb. Rev. Stat. § 39-2825 | Allows a P3 delivery method to be used for projects under the Transportation Innovation Act as provided in the law and in associated rules and regulations. Specifies what must be included in a request for proposals and in the responses. Eligible projects include highways, roads, streets, rail lines, river ports, and transit systems. |
| Nevada | Limited | Yes | Nev. Rev. Stat. §§ 338.158 to 338.1602 | Authorizes counties with a population of 700,000 or more to enter into P3s for transportation facilities. Transportation facility is defined as any existing or new facility useful for the safe transport of people, information, or goods by one or more modes of transport, including a road, railroad, bridge, tunnel, overpass, mass transit facility, light rail, commuter rail, conduit, ferry, boat, vessel, or an intermodal or multimodal system. |
| Nevada | Limited | Yes | Nev. Rev. Stat. §§ 338.161 to 168 | Authorizes counties with a population less than 700,000 to enter into P3s for transportation facilities, including roads, railroads, bridges, tunnels, overpasses, conduit or other infrastructure for conveying telecommunications cable, line, fiber or wire, airports, mass transit facilities, and parking facilities for vehicles. Excludes toll roads and toll bridges. |
| Nevada | Limited | Yes | Nev. Rev. Stat. Chapter 277A | Defines the powers of regional transportation commissions. Allows for the use of turnkey procurement to design, build, operate, and maintain, or any combination thereof, fixed guideway systems. Allows the use of competitive negotiation procurement processes to procure rolling stock for a fixed-guideway project, rolling stock for a public transit system, facilities, and any other equipment that is related to public transportation. |
| New Hampshire | Broad | Yes | NH Rev. Stat. Ann. 228:107 to 228:115 | Establishes a P3 oversight commission to recommend projects to the transportation commissioner using DBFOM or DBOM delivery models. The commission functions as an advisory board during P3 project implementation by helping to develop RFPs and P3 agreements. Eligible projects include those which would otherwise be approved as part of the state's 10-year transportation improvement program. |
| New Jersey | Limited | Yes | N.J. Stat. 40A: 11-52 | Authorizes local government entities to enter into P3s for a public building, road, structure, infrastructure, or facility to be used by the local government or by the public, provided that the project is financed in whole by the private entity and the local unit retains full ownership of the underlying land. Requires the project to cost at least $10 million in public funds or any amount of solely private funds. Proposed transportation P3s must be approved by the State Treasurer, in consultation with the State DOT and the Department of Community Affairs. |
| New Jersey | Broad | Yes | N.J. Stat. 52: 34-26 | Allows a State government entity to enter into a P3 for a building or highway, provided that the building or highway project is financed in whole or in part by the private entity and the government retains full ownership of the land upon which the project is located. Requires the project to cost at least $100 million in public funds or any amount of solely private funds. Limits the total number of approved State highway projects developed via P3s to no more than eight projects at any given time. Proposed P3s must be approved by the State Treasurer. |
| New Mexico | Limited | No | NMSA 9-15F-1 to 9-15F-13 | The Trade Ports Development Act (enacted in April 2025) provides for the designation of trade port districts. A trade port is defined as a multimodal system of facilities and services in a given location with the logistical capacity to efficiently manage cargo and facilitate the movement of goods and commodities to other locations. Allows public partners to enter into P3 agreements to facilitate development of trade ports and creates a trade ports development fund. |
| North Carolina | Limited | No | NC Gen. Stat. §§ 136-18(39) to (46) | Allows the State DOT to enter into a contract with a private developer to accomplish the engineering, design, or construction of improvements to any transportation infrastructure under its jurisdiction. Sets restrictions on such projects, including that DOT participation is limited to the lesser of 10 percent of the engineering contract and any construction contract or $250,000, and that DOT costs must not exceed normal practices. Requires projects to be constructed in accordance with DOT-approved plans and specifications. Terms must be less than 50 years. Requires the concurrence of the Board of Transportation. The State DOT or Turnpike Authority, as applicable, may enter into up to three P3s. |
| North Carolina | Limited | No | NC Gen. Stat. §§ 136-89.180 to 198 | Authorizes the North Carolina Turnpike Authority to enter into agreements with the State DOT, political subdivisions and private entities, and to expend such funds as it deems necessary pursuant to such agreements, to finance the acquisition, construction, equipping, operation, or maintenance of any turnpike project. Authorizes the authority to fix and collect tolls and fees for the use of a turnpike project. Prohibits noncompete clauses by requiring the DOT to maintain an existing, alternate, comparable nontolled route corresponding to each turnpike project constructed pursuant to this article. Allows the authority to study, plan, and conduct preliminary design work on up to nine projects and then to design, establish, purchase, construct, operate, and maintain up to five identified projects. Any additional projects require legislative approval. |
| North Dakota | Limited | No | N.D. Cent. Code §§ 48-02.1-01 to 13 | Authorizes State and local authorities to enter into development agreements for the construction, improvement, rehabilitation, ownership, or operation of a fee-based facility. "Fee-based facility" means a facility that provides a service in which the charge is based on the level of service by users or a rental fee paid by a public authority. The facility may be a library, city hall, and an appurtenant building, a water or sewage treatment plant, or other public improvement; land lying within applicable rights of way; and other appurtenant rights or hereditaments that together comprise a project for which a private operator is authorized to operate or own and impose fees or derive a rent as expressed in the development agreement. A lease for public facilities must be for a term of no more than 50 years and must be reviewed (and may be revised) every 5 years. |
| Ohio | Broad | Yes | Ohio Rev. Code Ann. §§ 5501.70 to 5501.78 | Defines the authority of the State DOT to enter public-private initiatives, including guidelines for solicitation and selection. Authorizes use of P3s for highways, roads, bridges, parking facilities, aviation facilities, port facilities, rail facilities, public transportation facilities, and rest areas. P3s are also allowed for tunnels, ferries, port facilities on navigable waters that are used for commerce, intermodal facilities, or similar facilities open to the public and used for the transportation of people or goods. The DOT may use sealed bidding and the selection of proposals using qualifications or best value (or both). |
| Oklahoma | Limited | No | Okla. Code Ann. Tit. 74 §§ 5151 to 5158 | Establishes a Partnership Committee to determine potential P3 projects. Requires that the Committee provide a public-sector comparator for each project. The Office of P3s within the Office of Management and Enterprise Services is responsible for procurement practices. The State DOT and Turnpike Authority are exempt from the law. However, the State DOT and the Turnpike Authority may use the general provisions and process in the Act to develop a P3 contract for a transportation improvement in consultation with the Office of Management and Enterprise Services and subject to the approval of the Transportation Commission or the Turnpike Authority Board, as applicable. |
| Oklahoma | Limited | No | Okla. Code Ann. Tit. 74 §§ 5161 to 5167 | Authorizes local government entities to enter into P3s for the improvement of real or personal property, or both, and associated services provided for a public purpose. |
| Oregon | Broad | Yes | Or. Rev. Stat. §§ 367.800 to 826 | Establishes the Oregon Innovative Partnerships Program within the State DOT, which is authorized to enter into agreements with private entities to plan, acquire, finance, develop, design, construct, reconstruct, replace, improve, maintain, manage, repair, lease, and/or operate transportation projects. Lists specific goals for the program, including to speed project delivery, maximize innovation, and develop partnerships with private entities. Lists specific requirements for P3 agreements, including financing, risk management, penalties for nonperformance, and incentives for performance. |
| Oregon | Broad | Yes | Or. Rev. Stat. §§ 383.001 to 075 | Authorizes the State DOT to enter into agreements with private entities and/or units of government to acquire, design, construct, reconstruct, operate, or maintain and repair tollway projects. Includes lease agreements. Allows the DOT or a private entity that operates a tollway project pursuant to an agreement with the DOT to impose and collect tolls. |
| Pennsylvania | Broad | Yes | Penn. Conso. Stat.74 §§ 9101 to 9124 | Allows State or local public entities to enter into P3s for the design, construction, operation, maintenance, financing, or lease of transportation facilities. Includes improvements and substantial enhancements or modifications. Defines a transportation facility as a proposed or existing road, bridge, tunnel, overpass, ferry, busway, guideway, public transportation facility, vehicle parking facility, port facility, multimodal transportation facility, airport, station, hub, terminal, or similar facility used or to be used for the transportation of people, animals, or goods. All partnerships must be approved by a Public-Private Transportation Partnerships Board. Allows the legislature to block P3s for State-owned facilities and requires legislative approval for P3s on the Pennsylvania Turnpike. |
| Puerto Rico | Broad | No | PR Laws Ann. Tit. 9, §§ 2001 to 2021 | Creates the Puerto Rico Highway and Transportation Authority. Empowers the Authority or the Department of Transportation and Public Works to contract with private parties to design, construct, operate, and maintain new highways, bridges, avenues, expressways, ancillary transit facilities, and informative electronic signboards or billboards. Limits contract terms for the operation, administration and maintenance phases to 50 years. Requires the secretary of transportation and public works or a designee to be the representative of the public interest and to ensure the private entity fulfills its contractual obligations, among other duties. Creates a negotiated competitive bidding process. Requires an alternate untolled road when an existing road is converted into a toll road. |
| Puerto Rico | Broad | Yes | PR Laws Ann. Tit. 27, §§ 2601 to 2623 | Comprehensive statute authorizing the use of P3s. Establishes the Public-Private Partnership Authority as an entity of the Government Development Bank. Empowers the authority to establish P3s for infrastructure projects and makes the authority the sole government entity responsible for implementing public policy on P3s. Limits term lengths to 50 years, with extensions subject to legislative approval. Creates guidelines for evaluating, approving, contracting for, and overseeing P3 projects. The authority will form a separate committee for each proposed project. Authority members and the project committee will assess the credentials of each project, and the committee will be able to issue RFQs and negotiate contracts. Final approval of P3 contracts rests with the governor. |
| South Carolina | Broad | Not specified | SC Code § 57-3-200 | Authorizes the State DOT to enter into P3s with private entities to finance, by tolls and other methods, the cost of acquiring, constructing, equipping, maintaining, and operating highways, roads, streets, and bridges in the State. |
| South Carolina | Broad | Not specified | SC Code Ann. §§ 57-5-1310 to 1495 | Allows the State DOT to construct and operate turnpike facilities. Section 57-5-1330(4) appears to allow the use of P3s for these facilities by allowing the DOT to exercise such authorizations as are granted by the provisions in other statutes to designate, establish, plan, abandon, improve, construct, maintain, and regulate turnpike facilities. |
| Tennessee | Limited | Yes | Tenn. Code §§ 54-3-101 to 54-3-113 | Authorizes tolling as an additional and alternative method for funding or financing transportation facilities. Authorizes the State DOT to enter into agreements with private parties to develop or operate a tollway, toll facility, or any part thereof. Applies to new transportation facilities constructed on or after July 1, 2023, provided that a new facility must include at least one untolled lane. Also applies to additions to existing transportation facilities where one or more new vehicle travel lanes are added to a facility on or after July 1, 2023, provided that the existing number of untolled lanes is not reduced. |
| Tennessee | Limited | Yes | Tenn. Code §§ 54-6-101 to 54-6-121 | Authorizes State and local governmental entities, metropolitan planning organizations, and regional transportation authorities to use P3 delivery for mass transit systems. Outlines procedures for project procurement and the metrics that the DOT may consider when evaluating a proposal. |
| Texas | Limited | Yes | Tex. Transportation Code Ann. § 91.054 | Authorizes the State DOT to enter into a comprehensive development agreement that provides for the financing, design, acquisition, construction, maintenance, or operation of a rail facility or system. |
| Texas | Limited | N/A | Tex. Transportation Code Ann. §§ 222.001 to 1045 | Relates generally to funding and federal aid, with provisions pertaining to P3s. Prohibits the State DOT from using State highway funds to guarantee loans or insure bonds for costs associated with a toll facility of a public or private entity. Authorizes the DOT to otherwise participate in the cost of acquiring, constructing, maintaining, or operating a toll facility of a public or private entity. Allows the DOT to enter into an agreement with a public or private entity to pay pass-through tolls (also known as shadow tolls) to that entity as reimbursement for the design, development, financing, construction, maintenance, or operation of a tolled or nontolled facility on the State highway system. |
| Texas | Limited | Yes | Tex. Transportation Code Ann. §§ 366.401 to 409 | Authorizes regional tollway authorities to use comprehensive development agreements with private entities to design, develop, finance, construct, maintain, repair, operate, extend, or expand turnpike projects. |
| Texas | Limited | N/A | Tex. Transportation Code Ann. § 371 | Concerns comprehensive development agreements for highway toll projects. Defines "toll project entity" as a regional tollway authority, a regional mobility authority, or a county. Requires review by the attorney general for legal sufficiency before a comprehensive development agreement is executed. |
| Utah | Limited | Yes | Utah Code Ann. § 63G-6a-1403 | Authorizes the State DOT and the Transportation Commission to solicit proposals for, and enter into, tollway development agreements. Allows the use of a request for qualifications to prequalify potential contractors and defines the process to be followed. |
| Utah | Limited | Yes | Utah Code Ann. § 72-6-118; Utah Code Ann. §§ 72-2-200 to 206 | Authorizes the State DOT to establish, expand, and operate tollways and related facilities. Authorizes the DOT to enter into tollway development agreements with public or private entities that provide for studies, predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance, repair, operation, or expansion of tollway facilities. Requires approval by the Transportation Commission of any new tollway development agreements or modifications to existing agreements. Allows both solicited and unsolicited proposals. |
| Utah | N/A | N/A | Utah Code Ann. §§ 63N-13-301 to 306 | Directs the Governor's Office of Economic Opportunity to create a P3 office or to contract with a nonprofit or government entity to be a P3 "facilitator." The P3 Office or the facilitator is to be a single point of P3 information for State and local government entities and to facilitate the matching of public and private partners. Current facilitator is P3+, a subsidiary of the State's Military Installation Development Authority. |
| Vermont | Limited | Yes | 19 V.S.A. § 26 | Established a P3 pilot program in 2019 that sunsets on July 1, 2026. Authorizes the Agency of Transportation to enter into P3s. Describes the elements by which proposals are to be evaluated and requires the total estimated State funding over the lifetime of each project be less than $2 million. Legislative approval of a P3 is not needed if the project has been approved in the most recently adopted Transportation Program and if total estimated State funding over the lifetime of the project will be less than $2 million. |
| Virginia | Broad | Yes | Va. Code §§ 33.2-1800 to 1823 | Comprehensive P3 statute intended to encourage private investment in transportation facilities. Authorizes a private entity to develop and/or operate a qualifying transportation facility, subject to approval from, and a comprehensive agreement with, the responsible public entity. Contains detailed implementation guidelines, including specific requirements for comprehensive agreements. Stipulates the powers and duties of a private entity in a P3 and provides financing mechanisms. |
| Washington | Broad | Yes | Wash. Rev. Code §§ 47.29.010 to 900 | Authorizes the State DOT to enter into P3s for transportation projects. Defines terms that must be included in a P3. Requires review by and approval of the Transportation Commission for P3 contracts or agreements. Requires an advisory committee for any project that costs $300 million or more. |
| Washington, D.C. | Broad | Yes | D.C. Code §§ 2-271.01 to 2-275.01 | Establishes an Office of P3s within the City Administrator's office and specifies its duties. Details the procurement process, including the receipt of unsolicited proposals. Qualified transportation projects include streets, roads, highways, bridges, tunnels, public transit, airports, and parking lots or garages. Requires rules to be adopted before the acceptance of any unsolicited proposals. |
| Washington, D.C. | Broad | No | D.C. Code § 2-356.01 | Provides general authority for procurement of construction projects and related management services. Authorized delivery models include design-build-finance-operate-maintain and design-build-operate-maintain. |
| West Virginia | Yes | WV Code §§ 17-27-1 to 18 | Authorizes the Division of Highways to enter into comprehensive agreements with private entities to acquire, construct, or improve transportation facilities. Allows a private developer to charge user fees if they are consistent with the rate of return specified in the agreement. Requires the schedule and amount of initial user fees and any fee increase to be approved by the State highway commissioner. | |
| West Virginia | Broad | No | WV Code §§ 17-28-1 to 12 | Allows local governments to submit transportation project requests to the State highway commissioner. Requires the commissioner to review the transportation project plan and the available financing for the project and to encourage project sponsors to pursue alternative funding sources, including P3s. The commissioner may recommend to the Governor those transportation projects that are a prudent and resourceful expenditure of public funds. Authorizes counties to finance transportation projects and to impose fees on users of transportation facilities if approved by county voters. |
| Wisconsin | Broad | No | Wis. Stat. Ann. § 84.01 (30) | Authorizes the State DOT to enter into build-operate-lease or -transfer agreements with private entities for construction of transportation projects and for maintenance and operation of projects that are not purchased by the State upon their completion. Lists specific provisions that must be included in every agreement. An agreement may not be entered into unless the DOT determines that it advances the public interest and the private entity meets certain criteria. |
