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Build America Transportation Investment Center (BATIC) Institute: An AASHTO Center for Excellence
Build America Transportation Investment Center (BATIC) Institute: An AASHTO Center for Excellence

Legislation & Regulations

State and Local Legislation

Public-Private Partnership Enabling Legislation

The best resources for compiled P3 enabling legislation are the Federal Highway Administration's Public-Private Partnership (P3) website and the National Conference of State Legislature's (NCSL) P3 Legislation resources.

The FHWA State P3 Legislation webpage provides an overview and map of states (including Washington D.C. and Puerto Rico) that have enacted legislation enabling the use of P3s in the development of transportation improvements. Links to each states' statutes and an overview of their enabling acts are provided in a table.

NCSL's Public-Private Partnerships for Transportation: A Toolkit for Legislatures, published in December 2010, is a comprehensive analysis of legislative and statutory issues surrounding P3s for transportation projects. The toolkit provides expert guidance, dependable counsel and a compilation of best practices to assist state legislatures as they consider whether and how to pursue P3s in their states. An update to the toolkit was released in February 2014.

NCSL's Public-Private Partnerships for Transportation: Categorization and Analysis of State Statutes, published in 2016, builds on the toolkit by categorizing and analyzing all P3 enabling state statutes. The report provides an overview of nearly 40 key elements of P3 enabling legislation and breaks down each state's laws to demonstrate which key provisions each includes. Updates to statutes since this publication are captured on the FHWA State P3 Legislation webpage.