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State P3 Legislation

The map below identifies the 23 U.S. States and one U.S. territory that have enacted statutes that enable the use of various P3 approaches for the development of transportation infrastructure. Select a State from the map below to access:

1. Links to the statutes;

2. Brief summaries of their P3 legislation; and

3. Except for Puerto Rico, a checklist, reviewing how the State has addressed 28 key elements for P3 enabling legislation for highway projects.

View an overview of the 28 key elements for P3 enabling legislation for highway projects, [pdf 53 kb] together with an explanation of their importance, and sample provision text for each of the elements. The 28 key elements were developed by Nossaman, Guthner, Knox, and Elliott, LLP.

View a list of states whose legislation provides interesting models for addressing the 28 key elements for P3 enabling legislation for highway projects. Download PDF [32 kb]

The state profiles allow point-by-point comparisons of the different State P3 statutes. Please note that in certain cases the links will take users to on-line legislation libraries, which they will then need to navigate further to locate the actual statute referred to in the table.

View FHWA Model Legislation for states considering P3 authorization. The model legislation is based on a survey of existing state statutes that authorize public-private initiatives. The purpose of this model PPP legislation is to provide States with an example of what basic elements to consider and address in PPP authorizing legislation. It is meant to serve as a representation of the core provisions dealing with issues that a State should consider when pursuing greater private sector involvement in the delivery of transportation services. Users are advised that the model legislation cannot anticipate the relationship of State laws with the model provisions contained herein. This model legislation has been prepared solely for informational purposes and should be not construed as a statement of USDOT or FHWA policy.

Get detailed legislation information by selecting a State on the map below or from the State P3 Legislation Overview Table.