There have been several developments at the state legislative level since the 2004 Report. These developments include passage of new legislation authorizing PPPs in states where PPPs were not previously authorized and the refinement of existing legislation in States that already had PPP programs. Currently, 25 states have statutory authority to enter into highway or transit PPPs. It is important to note that the extent and type of legislation enacted varies widely from state to state, among other things, in the types and amounts of projects that are authorized and in the breadth of the authorization delegated by the legislature to state or local transportation agencies.60
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60 USDOT has prepared model PPP legislation to provide States with an example of what basic elements to address in PPP legislation. The model legislation should not be considered a recommendation by USDOT that States include particular provisions in their PPP legislation. Rather, the model legislation highlights the types of issues that a State should consider when pursuing PPPs for transportation projects. The model legislation is available at: http://www.fhwa.dot.gov/PPP/legis_model.htm (last visited July 7, 2008).