This summary describes the statutory framework for implementing transportation-related P3 projects in 36 states, the District of Columbia and Puerto Rico. The summary provides users with hyperlinks to enabling statutes together with descriptions of their general characteristics. The accompanying map distinguishes between states with "broad " or "limited" P3 authority. "Broad" authority indicates states that do not limit the use of P3 procurements to certain types of projects or sponsoring agencies. States with "Limited" authority restrict the use of P3s to specific projects or projects sponsored by select agencies.
Prepared in June 2018, the summary builds on the National Conference for State Legislators' 2010 P3 Toolkit, a subsequent update to that document in 2015, and the 2016 P3 Statute Categorization and Analysis Report. The summary updates these materials by identifying statutes enacted since 2016, adjusting those that have been amended, and removing any statutes that have expired since 2016. The summary also indicates whether states have the authority to receive unsolicited P3 offers initiated outside of formal P3 procurements. The information was verified by reviewing the P3 statutes in each of the individual states and territories to ensure that all listings are current and accurate.
There is a great amount of variety in P3 enabling statutes in the U.S. The steps in the procurement process, necessary authorizations, and the definition of eligible P3 projects and private partners vary from state to state. It should also be noted that certain states and public agencies have prepared additional regulations and guidance that may modify or provide greater detail on the implementation of P3 projects. This information may not be captured in the summary.
The map below identifies the different states and territories that have enacted statutes that enable the use of various P3 approaches for the development of transportation infrastructure.
This map shows the states that enacted statutes to authorize the use of public-private partnership project delivery for transportation projects. "Broad" authority describes statute(s) that authorize a number of agencies and/or a number of eligible projects. "Limited" enabling statute(s) describe laws that are written for specific projects and/or limited to eligible projects (i.e., for toll roads only or total number of projects) or select agencies.
Last Updated: 8/16/18
|State||Category||Allows for Unsolicited?||Statute(s)||Overview|
|Alabama||Broad||No||Ala. Code §§ 23-1-40||Effective November 2018, this statute describes the state DOT duties and powers generally. The statute 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 in which "the design, right-of-way acquisition, relocation of structures or utilities, construction, financing, ownership, management, maintenance, and operation, or any combination thereof, of a public road, bridge, or tunnel project is accomplished by the department or on behalf of the department by any of the aforementioned entities or methods." 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 rates of toll.|
|Alabama||Broad||No||Ala. Code §§ 23-2-140 to 163||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 bond issue date 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; these tolls may exceed operating costs.|
|Arizona||Broad||Yes||Ariz. Rev. Stat. §§ 28-7701 to 7710 A||Comprehensive statute that authorizes P3s for transportation projects. Under legislation enacted in 2009 (Senate Bill 2396; 2009 Ariz. Sess. Laws, Chap. 141), 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. Allows for solicited and unsolicited proposals.|
|Arkansas||Limited||Ark. Stat. Ann. § 14-305-102||The law authorizes the use by counties of P3s for the development of unpaved roads.|
|Arkansas||Limited||No||Ark. Stat. Ann. §§27-86-201 to 211; Ark. Stat. Ann. §27.76.402||Sections 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 the bridge. Gives counties superintending authority on rates. Prohibit granting a franchise to operate a toll road on the state highway system. Section 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||Broad||Ark. Code §§ 22-10-101 to 22-10-505||The Partnership for Public Facilities and Infrastructure Act authorizes county and local government to use P3 for projects that have a long-term operations agreement. Eligible projects include: ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, combined heating and power facility, central utility plant facility, distributed generation facility, oil or gas pipeline, water supply facility, water treatment intake and distribution facility, waste water treatment and collection facility, waste treatment facility, hospital, library, school, educational facility, medical or nursing care facility, recreational facility, administrative facility, law enforcement facility, fire department facility, public administrative office, toll road, correctional facility, technology infrastructure facility, public building, and transportation system. Projects must be approved by the Arkansas Economic Development Commission and Arkansas Development Finance Authority. The statue does not apply to the DOT.|
|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. Allows for solicited and unsolicited proposals. Prohibits using the authority in this section to design, construct, finance or operate a toll road on a state highway.
|Colorado||No||Colo. Rev. Stat. § 32-9-128.5||Regional Transportation District has authority for mass transit projects. This statute describes how the Regional Transportation District may load net proceeds of private activity or exempt facility bonds to a private entity to finance all or a portion of a project.
|Colorado||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. Allows for solicited and unsolicited proposals.|
|Colorado||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||Colo. Rev. Stat. §§ 43-3-202.5||Authorizes the state DOT to make or enter into contracts or agreements with one or more public or private entities to design, finance, construct, operate, maintain, reconstruct or improve a turnpike project by means of a public-private initiative. Finds that privately-developed transportation projects can result in time and cost savings, risk reduction and new tax revenues. Requires that the public or private entity secure and maintain liability insurance coverage.|
|Colorado||Colo. Rev. Stat. §§ 43-4-413-414||Authorizes the Transportation Commission, with the approval of the governor, to enter into a contract with a private individual, firm or corporation for construction, maintenance and operation of one or more toll tunnels. Requires all rates for tolls or fees to be charged by a private contractor to first be approved by the commission.|
|Colorado||Colo. Rev. Stat §§ 43-4-801 to 812||Creates and authorizes a Statewide Bridge Enterprise 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. Both enterprises shall operate as government owned businesses within the state DOT.|
|Connecticut||Limited||No||Conn. Gen. Stat. §§ 4-255 to 4-263||This statute authorizes the Governor to approve up to 5 projects to be implemented as P3 projects prior to January 2016. Eligible facilities include early childcare, educational, health or housing; transportation systems including ports, transit-oriented development; or any other facility designated by an act of the General Assembly. The statute limits state support of a partnership agreement to 25% of the cost of the project.|
|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. Allows for solicited and unsolicited proposals.|
|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 are 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. Allows for solicited and unsolicited proposals.|
|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. Allows for solicited and unsolicited proposals.|
|Florida||Broad||No||Fla. Stat. Ann. § 338.22 to 2511||Creates the Florida Turnpike Enterprise, which operates like private-sector business within the state DOT, in order to plan, develop, own, purchase, lease or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate and manage the Florida Turnpike System. Allows the enterprise to cooperate, coordinate, partner and contract with other entities, public and private, to accomplish its purposes.|
|Florida||Broad||Yes||Fla. Stat. Ann. § 343.962||Tampa Bay Area Regional Transportation Authority Act authorizes the regional transportation authority to receive or solicit proposals and enter into agreements with private entities or consortia thereof for the building, operation, ownership, or financing of multimodal transportation systems, transit-oriented development nodes, transit stations, or related facilities|
|Florida||Broad||Yes||Fla. Stat. Ann. § 343.875||Authorizes the Northwest Florida Transportation Corridor Authority to enter into agreements with private entities to build, operate, own or finance transportation facilities within its jurisdiction. Sets criteria for proposed projects. Allows for solicited and unsolicited proposals. Allows a private entity to impose tolls or fares, but rates and use of funds must be regulated by the authority to avoid unreasonable costs to facility users.|
|Florida||Broad||Yes||Fla. Stat. Ann. § 348.0004||Authorizes any expressway authority, transportation authority, bridge authority or toll authority to enter into agreements with private entities to build, operate, own or finance transportation facilities within the jurisdiction of the authority. Creates evaluation criteria for such projects. Prohibits noncompete clauses. Allows a private entity to impose tolls or fares, but rates and use of funds must be regulated by the authority to avoid unreasonable costs to the users of the facility. Requires all P3 facilities to be consistent with state, regional and local comprehensive plans. Allows for
solicited and unsolicited proposals.
|Florida||Broad||Yes||Fla. Stat. Ann § 287.05712||County, municipality, or special district has authority to establish P3 for project that serves a public purpose, including, but not limited to, any ferry or mass transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, fuel supply facility, oil or gas pipeline, medical or nursing care facility, recreational facility, sporting or cultural facility, or educational facility or other building or facility that is used or will be used by a public educational institution, or any other public facility or infrastructure that is used or will be used by the public at large or in support of an accepted public purpose or activity. The statute describes the project qualification process and procurement procedures, including the development of interim and comprehensive agreements. Allows for solicited and unsolicited proposals.|
|Florida||Broad||Fla. Stat. Ann § 255.065||Exempts unsolicited proposals for P3 projects from public record and public meeting requirements for 180 days after receipt, if the public entity does not issue a competitive solicitation, or until the end of any competitive solicitation or promptly reissued competitive solicitation. These temporary exemptions are intended to protect the P3 process by "encouraging private entities to submit such proposals, which will facilitate the timely development and operation of a qualifying project."|
|Georgia||Broad||Ga. Code Ann. §48-5-41; Ga. Code Ann. §48- 5-421.1||This statute exempts property that qualifies as a public-private transportation project from ad valorem taxes, and section 48-5-421.1 provides that such projects shall not constitute special franchises.|
|Georgia||Ga. Code Ann. § 32-10-76||This statute establishes a grant program for P3 streetcar development and provides assistance to local government entities.|
|Georgia||Ga. Code Ann. §32-2-41(b)(6)||This statute 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 DOT to solicit and accept proposals for projects that are funded or financed in part or in whole by private sources. Require all future P3 projects to be solicited by the DOT. Include 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||The Partnership for Public Facilities and Infrastructure Act establishes guidelines for local government for P3 procurement. The statute also 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, within its sole discretion, as meeting a public purpose or public need. This term shall not include and shall have no application to any project involving a) the generation of electric energy for sale, b) communication services, c) cable and video services, d) water reservoir projects.|
|Illinois||Limited||Ill. Rev. Stat. ch. 20, § 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||Ill. Rev. Stat. ch. 620 § 75/2-35||The South Suburban Airport Act provides gives general powers to the airport authority, specifically for P3. Any combination of design, build, finance, operate, and maintain are authorized. The term of a P3 agreement is lifted to 75 years, though the term may be extended by the General Assembly by law. The statute describes the prequalification and procurement processes. The statute also describes the provisions to be included in the P3 agreement. The P3 developer is unable to impose user fees outside of the P3 agreement.|
|Illinois||Limited||Ill. Rev. Stat. ch. 605, § 5/10-802||Authorizes municipalities to make contracts "of every kind and nature" to acquire, construct, reconstruct, improve, enlarge, better, operate, maintain and/or repair any bridge within five miles of the corporate limits of the municipality, and to fix and apply tolls and fees for use of such a bridge.|
|Illinois||Limited||Ill. Rev. Stat. ch. 605 §§ 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. Chapter 820 section 130/2 makes a P3 for the Illiana Expressway subject to the state Prevailing Wage Act (this section is also applicable to a lease of facility property at Chicago Midway International Airport).|
|Illinois||Broad||Ill. Rev. Stat. ch. 630 §§ 15/5||The Public-Private Partnership Act provides broad authority for the development of new P3 projects by the 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. The Act can be applied toward reconstruction or expansion of existing assets. The Act describes project identification processes and the need for legislative authorization by joint resolution of the Illinois House and Senate. The Act describes 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. §§ 5-23-1-1 to 5-23-7-2||Authorizes governmental bodies to enter into P3 agreements with private entities for the acquisition, planning, design, development, reconstruction, repair,
maintenance or financing of public facilities. Applies to the state, a political subdivision in a county containing a consolidated city, or a political subdivision
in a county that adopts these provisions by resolution or ordinance. Limits original terms of P3 agreements to no more than five years with board approval; a term in
excess of five years requires approval from the board, the governor and/or the fiscal body of a political subdivision. Requires a public hearing. Allows for solicited proposals only.
|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 toll road projects. Prohibits the state DOT or the authority from issuing a request for proposals or entering into a P3 for a toll road after Aug. 1, 2006, unless the General Assembly adopts a statute authorizing the imposition of tolls. Exempts certain projects from the legislative approval requirement, including the Illiana Expressway under legislation enacted in 2010 (Senate Bill 382; 2010 Ind. Acts, P.L. 85). Requires public hearings to be held in affected counties; also requires certain preliminary studies. Limits lease terms to no more than 75 years. Allows for solicited proposals only.|
|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. Prohibits the DOT or the Indiana Finance Authority from issuing a request for proposals or entering into a P3 agreement unless the General Assembly adopts a statute authorizing that activity. Exempts certain projects from the legislative approval requirement, including an Interstate 69 project and the Illiana Expressway under new legislation enacted in 2010 (Senate Bill 382; 2010 Ind. Acts, P.L. 85). Allows for solicited proposals only.|
|Kentucky||Broad||No||Ky. Rev. Stat. § 45A.077||The statute establishes an 11-member Kentucky Local Government Public Private Partnership, which will approve review and approve certain P3 agreements. The law also directs the Secretary of Finance and the Administration Cabinet to establish regulations in order to determine when a P3 may be used for a particular project, as well as those local governments must follow concerning P3 agreements. The law sets forth regulations as to what should be contained in an RFP and establishes procedures regarding unsolicited proposals.|
|Louisiana||Broad||No||La. Rev. Stat. Ann. § 48:250.||Authorizes the DOT to solicit and enter P3 contracts for a transportation facility. Twenty-five percent of P3 projects undertaken by the DOT should be located outside the boundaries of a metro area. Rural projects are subject to approval of the House and Senate committee on agriculture and rural development.|
|Louisiana||Broad||No||La. Rev. Stat. Ann. § 48:1660.1||Competitive bidding on contracts provides broad authority to the Regional Transit Authority to enter into P3 contracts for transportation facilities. RTA is unable to accept an unsolicited proposal. The statute refers to the procedural requirements previously enacted.|
|Louisiana||Broad||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 - to supplement public revenue sources and to improve Louisiana's transportation system. 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. Allows for solicited and unsolicited proposals.|
|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. Allows for solicited and unsolicited proposals. 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 transportation 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||No||Md. Code Regs. § 23.3.05.05||County or local educational agencies can establish P3 for shared use arrangements of school facilities in exchange for school property enhancements and/or revenue|
|Maryland||Broad||Md. Code Ann., State Fin. & Proc. §§ 10a-101 to 10a-403||Statute provides authority to reporting agencies to State Finance and Procurement to pursue P3 project delivery. The statute allows agencies to determine their own regulations and processes for the procurement, development and delivery of P3 projects. Eligible projects are those that "develop and strengthen a public infrastructure asset in conjunction with a public-private partnership."|
|Maryland||Broad||Yes||Md. Code Regs. §§ 11.07.06.01 to 14||The law establishes a Maryland Transportation Authority program for P3. It describes the steering committee, identification process, screening process, procurement steps, and delivery procedures. Allows for unsolicited proposals only.|
|Massachusetts||Broad||Yes||Mass. Gen. Laws Ann. Ch. 6C, §§1 to 74||MassDOT may solicit proposals and enter into contracts for design-build-finance-operate-maintain or design-build-operate-maintain services with the responsible and responsive offeror submitting the proposal that is most advantageous to the department through the sale, lease, operation and maintenance of a transportation facility within the commonwealth. A Special Public-Private Partnership Infrastructure Oversight Commission is established, which must comment on and approve all requests for proposals.|
|Michigan||Broad||No||Mich. Comp. Laws § 124.401 to 426||This statute provides broad procurement authority to metro transportation authorities to implement P3 for transportation facilities.|
|Michigan||Broad||Mich. Comp. Laws Ann. §§ 125.1871 to 125.1883||The Private Investment Infrastructure Funding Act authorizes the department of transportation, county road commission, drain commissioner, city, village or township with jurisdiction of a public facility to establish a negotiating partnership to develop and finance public facilities. While not explicitly recognizing P3 in the traditional sense, this has allowed agencies to negotiate with private entities on the development and financing of public facilities.|
|Minnesota||Limited||Yes||Minn. Stat. Ann. §§ 160.84 to 98||This statute 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. It also authorizes user fees for as 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); and section 160.98 prohibits a road authority from selling, leasing, executing a development agreement for a build-operate-transfer or build-transfer-operate facility that transfers an existing highway lane, or otherwise relinquishing management of a highway.|
|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 one or more new toll roads or toll bridges in the state. 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||Broad||Yes||Mo. Rev. Stat. §§ 227.600 to 669||The Missouri Public-Private Partnerships Transportation Act 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 vote of the people. Allows for solicited and unsolicited projects.|
|Missouri||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. No part of the earnings or assets of a transportation corporation shall inure to the benefit of any private interests, person or entity.|
|New Jersey||Limited||Yes||TBD; SB 865||This law authorizes local government entities to enter into P3 agreements for the "development, construction, reconstruction, repair, alteration, improvement, extension, operation, and maintenance of any building, road, structure, infrastructure, or facility constructed or acquired by a local government unit to house local government functions, including any infrastructure or facility used or to be used by the public or in support of a public purpose or activity; provided that, with respect to a roadway or highway project, a qualifying project shall include an expenditure of at least $10 million in public funds, or any expenditure in solely private funds." P3 lease terms are limited to 30 years. Qualifying projects will be submitted to the New Jersey Economic Development Authority for its review and approval. The law allows for unsolicited proposals.|
|Nevada||Limited||Nev. Rev. Stat. §§ 338.161 to 167||The law authorizes counties with a population exceeding 700,000 to enter into P3s for transportation projects, including mass transit facilities.|
|Nevada||Limited||Yes||Nev. Rev. Stat. §§ 338.161 to 168||Allows private entities to submit a request to a public body to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility. Excludes toll roads and toll bridges.|
|Nevada||Limited||Nev. Rev. Stat. Chapter 277A||This statute defines powers for regional transportation commissions and section 280 allows for the use of turnkey procurement and competitive negotiation procurement processes.|
|New Hampshire||Broad||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 the RFP and preparation of agreements.|
|North Carolina||Limited||No||NC Gen. Stat. § 136-18||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, in any case, 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. Solicited proposals only.|
|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 nontoll 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 five identified projects only. Any additional projects require legislative approval.|
|Ohio||Broad||Yes||Ohio Rev. Code Ann. § 5501.71 to 5501.75||This statute defines the authority of the state DOT to enter public-private initiatives, including guidelines for solicitation and selection. The state DOT can use P3 for public or private highway, road, street, parkway, public transit, aviation, or rail project, and any related rights-of-way, bridges or tunnels. The DOT may use sealed bidding and the selection of proposals using qualifications or best value (or both).
|Oklahoma||Limited||Okla. Code Ann. Tit. 74 § 5151 to 5158||The Oklahoma Public and Private Facilities and Infrastructure Act establishes a Partnership Committee to determine potential P3 projects. The statute requires that the Committee provide a public sector comparator for each project. The OK Office of P3 is responsible for procurement practices. The state DOT and Turnpike Authority are exempt from the law.|
|Oregon||Or. Rev. Stat. § 184.631||OR DOT's Research and Development Program can use P3 for state highways|
|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. Allows for solicited and unsolicited proposals.|
|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. Allows for solicited and unsolicited proposals.|
|Pennsylvania||Broad||Yes||Penn. Conso. Stat.74 §§ 9101 to 9124||The law allows state or local public entities to enter into P3s for the design, construction, operation, maintenance, financing or lease of transportation facilities. All partnerships must be approved by a Public-Private Transportation Partnerships Board. The bill also 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 and 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 an official designated by him 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. In case an existing road is converted into a toll road, requires an alternate road that is not tolled.|
|Puerto Rico||Broad||No||PR Laws Ann. Tit. 9, §§ 2001 to 2021P.R. Laws Ann. tit. 27, §§ 2601 to 2623||Comprehensive statute that authorizes P3s, passed in 2009 (Senate Bill 469). States the commonwealth's motives and goals for authorizing 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 as set forth in this act. 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||SC Code Ann. §§57-5-1310 to 1495||Allows the state DOT to construct and operate turnpike facilities. Section 57-5-1330(1)(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 statute law to designate, establish, plan, abandon, improve, construct, maintain and regulate turnpike facilities.|
|South Carolina||Broad||SC Code § 57-3-200||Authorizes the state DOT to expend such funds as it deems necessary to enter into partnership agreements 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.|
|Tennessee||Limited||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. Limits authorization for tolling initially to a pilot program of two projects. Provides that existing highways cannot be converted into toll roads, but additional lane capacity constructed on or along an existing highway or bridge may be developed and operated like a tollway. Requires legislative approval.|
|Tennessee||Limited||Yes||Tenn. Code §§ 54-6-101 to 54-6-121||This law enables the DOT to use P3 delivery for a tollway or toll facility. The law outlines procedures for project procurement, and the metrics that the DOT may consider when evaluating a proposal. Allows for unsolicited proposals.|
|Texas||Tex. Transportation Code Ann. §§222.001 to 107||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 toll or nontoll 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.|
|Utah||Limited||Yes||Utah Code Ann. § 63G-6-503; § 63G6a-103; § 6 3G-6a702; § 63G6a-703; § 63G-6a-707||Authorizes the state DOT to accept proposals for, and enter into, tollway development agreements with public or private entities to study, predevelop, design, finance, acquire, construct, reconstruct, maintain, repair, operate, extend or expand tollway facilities. Defines the terms that must be included in such agreements. Tollway development agreements must be approved by the Utah Transportation Commission. Allow for solicited and unsolicited proposals.|
|Utah||Limited||Utah Code Ann. §72-6-118; Utah Code Ann. 72-2-120||Authorizes the state DOT to establish, expand and operate tollways and related facilities. Authorizes the DOT to enter into contracts, agreements, licenses, franchises, tollway development agreements, or other arrangements for tollway projects. Prohibits the DOT or other entity from establishing or operating a tollway on an existing state highway unless approved by the Transportation Commission and the Legislature, except for high occupancy toll lanes or additional capacity lanes. Requires revenue generated from tollway development agreement projects to be deposited into the Tollway Special Revenue Fund created in section 72-2-120 and used for transportation facilities within the corridor served by the tollway, unless the revenue is to the private entity or identified for a different purpose under the agreement.|
|Vermont||Limited||Yes||19 V.S.A. § 26||This statute establishes, in 2019, a pilot program for P3s. The program will accept unsolicited proposals and will also solicit proposals to undertake a P3 project. The statute describes the elements by which proposals are evaluated and requires the total estimated State funding over the lifetime of the project to be less than $2,000,000.00. Eligible projects requiring legislative approval are projects that has not been approved in the most recently adopted Transportation Program or projects with an estimated State funding of greater than $2,000,000.00 over its lifetime. The statute also describes legislative oversight requirements and the report to be delivered on the pilot program's impact.|
|Virginia||Broad||Yes||Va. Code §§ 33.2-1800||The Public-Private Transportation Act of 1995 (subsequently modified) is a 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. Allows for solicited and unsolicited proposals.|
|Washington||Broad||Yes||Wash. Rev. Code §§ 47.29.010 to 900||Authorizes the state DOT to enter into P3s for transportation projects, whether capital or operating, where the state's primary purpose for the project is to facilitate safe transportation of people or goods via any mode of travel. Defines terms that must be included in agreements. 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. Authorizes the DOT to solicit or accept unsolicited proposals after Jan. 1, 2007, for eligible transportation projects.|
|Washington, D.C.||Broad||Yes||D.C. Code §§ 2-271.01 to 2-275.01||Establishes an Office of Public-Private Partnerships within the City Administrator's office and specifies its duties, including an established fun from which to fund the Office's activities. The statute details the procurement process, including for the receipt of unsolicited proposals. Section § 2–273.09 describes transparency measures and the Office's relationship to the City Council.|
|Washington, D.C.||Broad||D.C. Code § 2-356.01||This statute provides general authority for construction projects and related management services. Authorized delivery models include architectural and engineering services; construction management; construction management at risk; design-bid-build; design-build; design-build-finance-operate-maintain; design-build-operate-maintain; and operations and maintenance.|
|West Virginia||Broad||No||WVa. Code §§ 17-28-1 to 12||Authorizes Division of Highways to enter into comprehensive agreements with private entities to acquire, construct or improve transportation facilities. Sets guidelines for soliciting proposals. Specifies what comprehensive agreements shall contain. 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 Commissioner of the Division of Highways. Original bill expired in 2011 and was reenacted in 2013.|
|Wisconsin||Limited||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 or 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.|