Appendix G: State Enabling Laws for Transportation Public Private Partnerships as of February 2004[416]

State

Statue

Comments

Alabama

Sec. 23-1-81

Authorizes County Commissions to license toll bridges, tunnels, roads. 3 private toll road/bridges operational.

Arizona

Sec. 28-7701 to 28-7758

Passed in 1990. Allows solicited/unsolicited proposals. 6-7 proposals submitted. None approved.

Arkansas

Ark. Stat. Ann. § 27-86-201

1923 statute authorizing counties to grant franchises for toll bridges, turnpikes and causeways over or along any watercourse, lake, bay or swamp.

Colorado

Title 43-3:-202.5 & 301-322

Provides PPP authority to Colorado DOT for specific projects including turnpikes and HOT lanes. Allows solicited and unsolicited proposals for PPPs.

Delaware

Title 2: Ch. 20

Passed in 2003. Authorizes solicited/unsolicited proposals. DelDOT to draft rules in Spring of 2004.

Florida

Sec. 334.30

Allows solicited/unsolicited proposals to FDOT. Project specific legislation approval required. Allows expressway authorities to accept unsolicited approvals.

Georgia

Sec. 32-2-78 & 32-20-79

Passed in 2003. Creates public-private initiative process. Allows GDOT to accept solicited/unsolicited proposals.

Illinois 

20 Ill. Comp. Stat. § 2705-450.

Allows PPPs for high speed rail and magnetic levitation transportation.

Indiana

In. Code § 8-10-1

Allows Indiana Port Comm. To enter into PPPs.

Louisiana

La. Rev. Stat. § 48:2020. 
La. Rev. Stat. § 48:2072.

Allows parishes, municipalities and Louisiana Transportation Authority to enter into PPPs.

Maryland

Md. Ann. Code § 8-204

According to an Attorney General opinion referenced in the annotations to this statute, the Maryland Transportation Authority has authority to construct toll roads using PPPs

Massachusetts

Ch. 53: Sec. 6

Authorizes Route 3 North Project as a PPP. Requires Secretary to make recommendation within 3 months of its completion on extending PPV to other large projects

Missouri

Ch. 160.84-160.93

Creates a special purpose non-profit Transportation Corporation as a vehicle for PPVs. Lake of the Ozarks Bridge developed through this mechanism

Nevada

NRS Ch. 338

Passed in 2003. Legislation allows solicited/unsolicited proposals. Explicitly prohibits toll bridges and toll roads

North Carolina

Art. 6H. Sec. 136-89, 180 136-89.197

Passed in 2002. Legislation created North Carolina Turnpike Authority, among other things, to enter into partnership agreements with private entities. Authority is in the process of being organized in 2003-2004

Oregon

ORS 367.015 and 367.060

Passed in 2003. Directs ODOT to create the Oregon Innovative Partnership Program. Allows solicited/unsolicited proposals for toll-way projects. Rulemaking to begin in Spring 2004

South Carolina

Section 57-3-200

Authorizes SCDOT to enter into PPPs. Two projects have been completed: The Greenville Southern Connector and the Conway Bypass

Texas

TransTexas Corridor: Multiple

2003 legislation amended several sections of Texas statutes to allow implementation of TransTexas Corridor Plan. Allows both solicited/unsolicited development proposals to TxDOT, the Texas Turnpike Authority, and Regional Mobility Authorities

Utah

Ch. 72-6-118 & 72-2-120

Legislation set groundwork for PPPs and directs UDOT to draft rules. Rules never adopted.

Virginia

Title 56-556 to 56-575

Virginia's Public-Private Transportation Act of 1995 authorizes PPPs. Allows solicited and unsolicited proposals. To date, there is 1 completed project, 5 active projects, and 5 pending proposals

Washington

RCW 47.46.010-47.46.900

Passed in 1995; authorizes WsDOT to solicit proposal for public-private initiatives for the development of up to six "demonstration"projects. To date only one project, the Tacoma Narrows Bridge, has moved forward

Wisconsin

Section 84.01 (30)

Authorizes the DOT to enter into build-operate-lease or transfer agreements for transportation projects