Some 25 US states already have PPP-enabling legislation in place, while others-including Ohio and Hawaii-are currently exploring such laws. Many other states, meanwhile, have begun to evaluate the need for such legislation. "The key is to understand what language such legislation should contain," says Pagdadis, "that is, whether legislators should seek enabling language, neutralizing language to a procurement framework, or to be descriptive of an enforcement framework." At a March 2010 meeting of the National Conference for State Legislatures in Washington, D.C., participants agreed that legislative language should call for tools to consider the most effective procurement framework before a project is procured using any one particular approach.
Without such legislation, counties, municipalities, regional transportation authorities, and even state agencies do not have the authority to move forward with the most effective method of procurement. This is especially true for public-private partnerships because they typically require transacting a structured finance deal (see Figure 3 on page 5). In Michigan, an office for PPPs has been created to advise state agencies and legislators.6 What's more, the governors of three of the most populous states spoke out publicly in an editorial in favor of PPPs. Governors David Paterson of New York, Arnold Schwarzenegger of California, and Ed Rendell of Pennsylvania wrote: "If we are to finance and build a world-class infrastructure for America, we must seek new solutions. And a promising solution is at hand: public-private partnerships."7 Indeed, in January 2008, Governors Rendell and Schwarzenegger, along with Mayor Bloomberg of New York City, announced a new coalition: Building America's Future (BAF). BAF serves as an advocacy group for public-private partnerships and alternative methods of procurement that focus on rebuilding America's national infrastructure. Currently, representatives from state and local government in 32 states belong to BAF.
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6 The National Council for Public-Private Partnerships, " States Become Active in PPPs, " NCPPP Insight, Summer 2009.
7 David Paterson, Arnold Schwarzenegger, Ed Rendell, " The Moment for Public-Private Partnerships is Now, " http:// www.huffi ngtonpost.com/gov-david-a-paterson/the-moment-for-public-pri_b_210972.html , posted June 3, 2009.