Another aspect of PPPs unique to the United States is the lack of a national legislative standard allowing public-private partnerships. Each state makes its own laws. Some states such as California, Virginia, and Texas have robust PPP legislation allowing for private delivery and maintenance of infrastructure across different public sectors. Other states are just starting to enable PPPs and using pilot projects to test the waters. (See Table 4.)
Table 4: Sample of Enabling Legislation[xxiv]
State | Sector |
AZ | Transportation: Construction and leasing of facilities |
CA | Transportation (state & regional); tolling & PPPs in San Diego; local governments for "fee‐producing infrastructure", and water supply infrastructure |
CO | Authorizes investigation or PPPs for facilities for juvenile offenders; College savings program; Arkansas River water bank; Transportation, state and local; for study of new Major League Stadium |
DE | PPPs for transportation; Revolving loan fund; Clean Water Fund for water infrastructure |
FL | Tax on phosphate collection to support rural infrastructure/PPPs; Rural investment PPPs; Transportation, Turnpike, Rail; Regional authorities to investigate PPPs |
MO | PPPs for bridges, transportation, energy and operations of public facilities (rest stops, truck stops, fueling stations) |
OR | Transportation product R&D PPPs; Transportation infrastructure; Telecommunications |
RI | Redevelopment adjacent to Highway |
TX | PPP for Bio Park; Transportation (state and local); 2‐year moratorium on tolls and superhighway project; Opens doors for collaborative studies between multiple parties/jurisdictions |
UT | Transportation toll way development |
VA | Information technology programs/projects; Water/wastewater systems; Transportation; Educational, technology and other public infrastructure and government facilities; Authorizes high‐ speed data/internet for select localities |