Limitations on types of transportation.

In order for states to promote innovative ways of funding projects and to avoid needing to amend legislation each time a new type of transportation project is proposed for a PPP, states should provide language allowing for a broad range of transportation-related PPP projects, from ferries to HOT lanes, unless clear costs and/or negative impacts are identified for particular types of projects. Unfortunately, many states allow only a few types of projects in their transportation-related PPP statutes at this point. Ten states provide various limitations on the types of transportation projects allowed. For example, Alabama allows PPPs for toll roads, toll bridges, ferries, and causeways only, leaving out many types of non-tolled facilities such as truck lanes or rail improvements. It is better for states to provide for a wide range of projects in their PPP statutes, through either a long list of transportation projects allowed by the statute or a broad definition of "transportation facility."