| State | Statute | Comments |
| 1. Ak | AK§ 19.75.111 http://www.lepis.state.ak.us/cgi- | Authorizes the Knik Arm Bridge and Toll Authority to utilize a PPP to finance, design, construct, operate and maintain the Knik Arm bridge to connect the Municipality of Anchorage and the Matanuska-Susitna Borough. http://www.knikarmbridge.com/documents/HB0471Z_000.pdf |
| 2.AL | ALA.CODE§§ 23-1-80 to 23-1-95 http://www.legislature.state.al.us/Co.deo Follow link and scroll down to article 3. | Authorizes the Alabama DOT and county commissions to establish toll roads, toll bridges, ferries or causeways or allow for their operation by private parties. No express provision regarding the solicitation or acceptance of unsolicited proposals. Not appropriate to use as a model for PPP enabling legislation. |
| 3. AZ | ARE. REV. STAT. §§ 28-7701 TO 28-7758 http://www.azleg.state.az.us/FormatDocu Click the "Next Document" link to scroll through the sections. | Two pilot programs each allow up to two solicited and unsolicited proposals. Not appropriate to use as a model for PPP enabling legislation. |
| 4. CA | CALSTS&HYCODE§143AND§ 149.7.Scroll down on below link to locate section 143 and 149.7. http://www.leginib,ca.gov/cgi-bin/ CAL GOV CODE§5956 http:www.leginfo.ca.gov/cgi-bin/
| The legislation authorizing Caltrans to enter into PPP pilot tollroad projects (known as AB 680) was repealed in 2003. AB 1467, enacted in 2O06, amended § 143 to authorize four pilot projects, two in northern California and two in southern California, for goods movement, and allows tolls to be charged only to commercial vehicles with three or more axles. AB 1467 also added §149.7, which authorizes regional transportation agencies to develop and operate high-occupancy toll lanes, including a value pricing program and exclusive or preferential lane facilities, subject to approval by the Transportation Commission. This legislation (also known as AB 2660) authorizes PPPs for a range of "fee-producing infrastructure projects," but explicitly excludes the use of toll roads on state highways.2 |
| 5. Co | COLO. REV. STAT. §§43-1-1201 TO 1209 COLO. REV. STAT. §§ 43-4-801 TO 812 COLO. REV. STAT. §§ 43-3-201 TO 43-3-416 http://198.187.128.12/colorado/lpext.dll/ | Allows solicited and unsolicited proposals for Pops, Created a statewide tolling enterprise to finance, build, operate and maintain toll highways.Operated as a government-owned business within tlie Colorado DOT.Provides PPP authority to Colorado DOT for specific projects including turnpikes and HOT lanes. |
| 6. DE | DEL. CODE ANN. tit. 2, Part II.ch.20, http://www.delcode.State.de.us/title2/c02 | Authorizes solicited and unsolicited proposals for PPP projects, including highways and bridges. |
| 7. FL | FLA. STAT. ANN. § 334.30 FLA. STAT. ANN. §§ 338.22 TO338.241
| Allows Florida DOT to receive or solicit proposals for PPPs.1953 statute that established the Florida Turnpike Enterprise, which is operated like a private -sector business within the Florida DOT. |
| 8. GA | GA. CODE. ANN. §§ 32-2-78 TO 32-2-80 http://w3.lexis-nexis.com/hottopics/ Click the x to close the opening window | In May of 2O05, several significant amendments to this statute were enacted as S.B. 270. The statute now allows Georgia DOT to both receive and solicit proposals for PPPs. Potential competitors also have 135 days (instead of 90 days) to respond to an unsolicited proposal. |
| 9. IN | IN CODE §§ 8-15.6 AND 8-15.7 HTTP://WWW.ALORG/LEGBLATTVE/IC/
| Authorizes PPPs for tollroads, bridges, roads, and a wide array of related facilities and buildings and structures. Pub L 47-2006 amended IN Code 8-23-7-22 to permit public private partnerships to be used to operate tollways and authorized the Indiana Toll Road lease transaction. The legislation also establishes the process for entering into a pub lie-private agreement on 1-69 from Indianapolis to Evansville, and specifically prohibits the State from entering into such an agreement for any other road or project without further legislative approval. While similar in scope to the authorization for the Indiana Toll Road lease, there are a number of significant differences in the process for procuring an 1-69 agreement. As an example, the 1-69 PPP will be administered by IN DOT, instead of the Indiana Finance Authority. A second difference is the increased amount of Legislative oversight that will be given to the 1-69 project. |
| 10. LA | LA. REV. STAT. §§ 48:1251 TO 1281 http://www.legis.state.la.us/lss/ Click on "Next Section" to scroll forward HTTP://WWW.LEGIS.STATE.LA.US/LSS/ Click on "Next Section" to scroll forward. | Louisiana HB 1294, a bill to "authorize the Louisiana Transportation Authority to pursue public-private partnerships for the construction for certain transportation facilities," was passed by the House last week. It is currently before the Senate. The legislation broadly defines "project," and includes authority to enter into agreements on 1^19 and I-10. The only highway facility specifically excluded from the legislation is the "West Bank Expressway" in Jefferson County. |
| 11. MD | MD. TRANSPORTATION CODE ANN. § 8-204
| Maryland does not have a statute expressly authorizing highway PPPs.According to a 1 996 Attorney General opinion referenced in the annotations to this statute, the Maryland Transportation Authority has authority to construct toll roads using certain forms of PPPs.3 Additional legislative authority may be needed, however, depending on the form of the transaction. There is also no express provision regarding the acceptance of unsolicited proposals for highway projects. |
| 12. MN | MINN. STAT. ANN. §§ 160.84 - 160.93 | Authorizes solicited and unsolicited PPPs for toll facilities. Authorizes HOT lanes. |
| 13. MO | MO. REV. STAT. §§ 238:300 to 238:367 | Creates a special purpose non-profit corporation known as a Transportation Corporation as a vehicle for PPPs. No express provision regarding the solicitation or acceptance of unsolicited proposals. Not appropriate to use as a model for PPP enabling legislation. |
| 14 NY | NEV. REV. STAT. §§ 338.161 to 168. | Authorizes public bodies to accept unsolicited proposals to develop, construct, improve, maintain or operate transportation facilities. Toll bridge and toll road projects, however, are prohibited under this statute. |
| 15. NC | N.C. GEN. STATE. §§ 136-89.180 to 136-89.197 http://www.ncleg.net/EnactedLegislation/ | North Carolina Turnpike Authority now authorized to develop, construct, operate and maintain up to nine toll facilities, including a toll bridge. 4 Solicited process only. |
| 16. OR | OR. REV. STAT. §§ 367.800 TO 367.826. http://www.leg.state.or.us/ors/367.html OR. REV. STAT. §§ 383.001 TO 383.019 | Establishes the Oregon Innovative Partnerships Program with detailed guidelines at OA R 731 -070-0005 to 731 -070-0360. Allows Oregon DOT to solicit and accept unsolicited PPPs for tollway projects, |
| 17. PR | 9 LEYES P.R. AN. §§ 2001 to 2021 | This Spanish language statute establishes a toll transportation facility authority with broad powers to authorize private participation in public highway projects. |
| 18..Sc | S.C. CODE §57-3-200 http://www.sestatehouse.net/code/t57c003.htm S.C. CODE§ 57-5-1310 et. al. http://www.scstatehouse.net/code/t57c005.htm | Allows South Carolina DOT to enter into PPPs. Allows DOT to construct and operate turnpike facilities; § 57-5-1330(1)4 appears to permit SC DOT to use PPPs to develop these facilities. No express provision regarding the solicitation or acceptance of unsolicited proposals. |
| 19. TX | TEX. TRANSP.CODE ANN.ch. 227,361 http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm
| Allows TxDOT, the Texas Turnpike Authority, and Regional Mobility Authorities to accept solicited and unsolicited proposals for PPPs. Pending legislation (H.B. 2702J would require a popular vote for any conversion from free lanes to tolled. The bill also would limit toll franchises to 50 years. |
| 20. UT | UT. CODE ANN. §§ 63-56-5015 HTTP://LE.UTAH.GOV/~CODE/TITLE63/63_29.HTM UT. CODE ANN. §§ 72-6-201 HTTP://LE.UTAH.GOV/~CODE/TITLE72/72_06.HTM OPEN AND UNZIP THE CODE SECTIONS BY CLKKJNG ON THE LINK TO THE SECTION NUMBER. | SB 80 authorizes the Utah DOT. with approval from the Transportation Commission, to accept solicited and unsolicited proposals for Pops involving toll way facilities through the use of tollway development agreements." |
| 21. VA | VA. CODE ANN. §§ 56-556 to 56-575 http://legl.state.va.us/cgi-bin/legp | Virginia's Public-Private Transportation Act of 1995 authorizes PPPs and was modified during the 2005 legislative session. Allows solicited and unsolicited proposals. Contains detailed guidelines to assist VDOT and other public entities in implementing this program. |
| 22. WA | WASH. REV. CODE §§ 47.46.29.010 -47.46.29.900 http://apps.leg.wa.gov/RCW/default.aspx?cite=47.29 §§5 47.46.010 to 47.46.900 http://apps.leg.wa.gov/RCW/default.aspx?cite=47.46
| The Washington legislature determined that the state's 1993 PPP statute (§§ 47.46.010 to 47.46.900), was not meeting the expectations of the public and private sectors, and revamped its PPP law with § 47.46.29. The new PPP enabling Legislation (passed in May of 2005 as H.B. 1541) is unlikely to encourage much private sector investment because (1) the only significant projects that require Pops are state (Wash DOT) projects; (2) the exclusive source of financing for Wash DOT projects is state treasurer-issued indebtedness; and (3) no such indebtedness, or expenditures from it, may occur without prior legislative approval. Presently, solicited proposals only, but unsolicited proposals may be accepted after 1/1/07. |
Source: Mossman, Gather, Knox & Elliott, LLP, February 2007
Note: In March 2007, the Mississippi State Legislature passed SB 2375, PPP-enabling legislation what allows governmental entities to build toll roads and bridges or contract with private companies to design, build, operate, and finance highway toll projects, provided they are new roads, there are free alternative facilities available, and the tolls end when the project debt is retired. (Public Works Financing, Volume 214, March 2007, p. 18)