Shared State Legislative and Executive Roles in PPPs

Executive agencies and legislatures both can play a role in many of the tasks in the PPP process. Many of these are addressed in the principles in the next section. For example, both legislators and executive agencies can help ensure adequate funding for PPP analyses or advisors; establish public PPP advisory bodies; be involved with public outreach and stakeholder participation processes and share their perspectives about proposed PPP programs or projects in the state; and support robust, comprehensive project analyses. In states that require legislative approval for individual projects, both branches also will be involved to some degree in project selection. In many stages of the process, enabling statutes will set broad guidelines, but executive agencies will have flexibility to determine how those guidelines are implemented.

Port of Miami Tunnel, Florida (DBFO with availability payments). Expected to open in 2014, the tunnel will connect the Port of Miami with the MacArthur Causeway and I-395. Senior bank debt, a TIFIA loan and private equity have been used to finance the project. (Photo: FHWA)