Allowing states to enter into a wide assortment of PPP arrangements better matches the flexibility needed to create an efficient PPP process. States that allow for only a few types of agreements necessarily limit the types of proposals they will receive. Only Alaska and Arizona have limits on the types of arrangements PPP proposals can take, and both of these states have thus far only authorized three PPP facilities by statute.
States should instead provide for all types of procurement processes, develop appropriate guidelines to shape these processes, and allow transportation agencies flexibility to adopt the best financing scheme for a project. Virginia's PPP legislation has allowed many different kinds of projects to move forward, from design/build agreements for tolled expressways between interstates to expansion of existing roads for truck lanes (Gougherty 2005a).