Private Sector Participation Legislative Overview

Moving Ahead for Progress in the 21st Century Act (MAP-21) (PDF) continues FTA’s support for private sector participation by:

• Better coordinating public transportation services delivered by both public and private providers;
• Promoting more effective use of private-sector expertise to deliver capital transportation projects; and
• Promoting better understanding of public-private partnerships by providing technical assistance and education opportunities.

Specifically, 49 U.S.C. 5315 and 20013 of MAP-21 requires FTA to:

• Identify public transportation laws, regulations or practices that impede public-private partnerships or private investment in transit capital projects, and develop procedures through regulation to address, on a project basis, legal impediments to the use of public-private partnerships and private investment, as well as procedures to protect the public interest and any public investment in public transportation capital projects that involve public-private partnerships or private investment in public transportation capital projects.
• Develop guidance to promote greater transparency and public access to public-private partnerships agreements.
• However, FTA will not waive any provision of Federal law, including labor protections of 49 U.S.C. § 5333 and NEPA.
• Develop guidance on how to best document compliance by grantees with the private enterprise participation requirements in the planning and transportation improvement programs under 5303(i)(6), 5306(a), and 5307(b).
• At the request of project sponsors and grantees, provide technical assistance on best practices and methods for using private providers of public transportation and using public-private partnerships for alternative project delivery of fixed guideway capital projects.