The map below identifies the 33 U.S. States, District of Columbia, and one U.S. territory that have enacted statutes that enable the use of various P3 approaches for the development of transportation infrastructure.
The National Conference of State Legislatures (NCSL) has prepared an analysis of states' enabling statutes as part of its Public-Private Partnerships for Transportation: A Toolkit for Legislatures, published in December 2010.
NCSL's Public-Private Partnerships for Transportation: Categorization and Analysis of State Statutes, published in 2016, builds on the toolkit by categorizing and analyzing all P3 enabling state statutes. The report provides an overview of nearly 40 key elements of P3 enabling legislation and breaks down each state's laws to demonstrate which key provisions are included.
On April 8, 2016 Kentucky became the 34th state in the U.S. to authorize the use of P3s, when Governor Bevin signed House Bill 309 into law. Kentucky's new P3 authorization legislation allows both the state and local governments to use P3s to develop transportation and other public infrastructure. The legislation allows unsolicited P3 offers, but requires that the state make them public and accept competing offers during a 90-day period. The legislation requires the state to establish the Kentucky Local Government Public-Private Partnership Board to oversee P3 transactions. Any P3 project with value of over $25 million must be approved by the state legislature. In addition, the legislation specifically prohibits the use of tolls on any P3 crossing project connecting Kentucky and Ohio.
On June 21, 2016 Senate Bill (SB) 549 was signed into law in New Hampshire. SB 549 authorizes the commissioner of the department of transportation to enter into design-build-finance-operate-maintain (DBFOM) and design-build-operate maintain P3 contracts with private sector infrastructure developers. SB 549 also establishes a seven-member P3 Infrastructure Oversight Commission to comment on a approve or deny all request for proposals for P3 projects. Members of the commission will have experience in the fields of transportation law, public policy, public finance, management consulting, and transportation planning. SB 549 allows the Department of Transportation to accept unsolicited P3 offers, but all unsolicited offers must be approved by the P3 Infrastructure Oversight Commission in order to advance.
