A report that categorizes and analyzes all laws that permit and affect transportation public-private partnerships adopted by 33 states, the District of Columbia and Puerto Rico has been published by the National Conference of State Legislatures.
“P3s are a hot topic in statehouses across the nation,” NCSL concluded, based on its collection of data on state transportation P3 legislation since 2009. “The number of bills considered has increased during the last six years. Dramatic increases in 2013 and 2014 more than doubled the number of bills considered in the two prior years.” In 2013, for example, 28 states crafted and reviewed 81 pieces of P3-related legislation.
The broad range of information provided in the eight P3 provisions tables the report contains includes the types of laws states have adopted, the types and levels of restrictions the laws impose on the types of P3 agreements and projects that can be negotiated, the level of government oversight and approval each state exercises over P3s and rules governing how P3s can be funded and financed. Provisions that are designed to “alleviate potential concerns and controversies about P3s” such as types of required analysis of this procurement method, labor issues and those covering “material default or bankruptcy” also are covered.
“As this report’s categorization and analysis of P3 statutes shows, many state legislatures have included provisions to address potential concerns about P3s and enhance the benefits such models can provide,” NCSL noted. “Depending on the goal of the legislature and all parties involved, these benefits and concerns are handled differently. NCSL compiled this report to provide a high-level examination of all existing approaches states have taken to enable P3s for transportation projects through statute.”