State P3 Legislation Matrix 1
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1 State P3 Legislation Matrix 1 Alabama Alaska Arizona Arkansas 2 Article 2: State Department of Ala. Code Article 3: Public Roads, Bridges, and Ferries Ala. Code to Toll Road, Bridge and Tunnel Authority Act Ala. Code to Chapter 75: Knik Arm Bridge and Toll Authority Alaska Stat to (Specific authority for Knik Arm bridge) Chapter 22: Public-Private Partnerships in Ariz. Rev. Stat to Chapter 10: Partnership for Public Facilities and Infrastructure Act AR Code to Regional Mobility Authority Act AR Code to This matrix provides a high level survey of state statutes that authorize certain alternative delivery methods for public infrastructure. This matrix does not include privatization legislation. As the nature and scope of the statutes vary considerably, users should refer to the full text of the statutes to determine the specific authority granted. 2 Unable to link to specific sections on state legislature website. Page 1 of 10
2 California Colorado 2 Connecticut Delaware Chapter 14: Infrastructure Financing Cal. Gov. Code 5956 to Chapter 15: Long Beach Civic Center Cal. Gov. Code 5975 to 5979 (Specific authority for Long Beach Civic Center) Regional District Act Colo. Rev. Stat Part 12: Public-Private Initiatives Program Colo. Rev. Stat to Part 2: County and Other Public Highways Colo. Rev. Stat Part 2: Turnpikes Colo. Rev. Stat Part 8: Funding Advancement For Surface and Economic Recovery Colo. Rev. Stat Chapter 55d: Public-Private Partnerships Conn. Gen. Stat to (Projects must be approved prior to Jan 1, 2020) Chapter 20: Public-Private Initiatives Program in Del. Code Ann. tit. 2, 2001 to 2012 Page 2 of 10
3 District of Columbia Florida General authority for construction projects and related management services without specifying sectors Chapter 2A: Public-Private Partnership D.C. Code to Subchapter VI: Procurement of Construction Projects and Related Services D.C. Code Chapter 153: Wastewater Facility Privatization Contracts Fla. Stat Chapter 255: Public Property and Publicly Owned Buildings Fla. Stat (1) to (15) Chapter 311: Seaport Programs and Facilities Fla. Stat Chapter 334: Administration Fla. Stat Northwest Florida Corridor Authority Law Fla. Stat Florida Expressway Authority Act Fla. Stat Tampa Bay Area Regional Authority Act Fla. Stat Jacksonville Authority Law Fla. Stat Page 3 of 10
4 Georgia 2 Hawaii Idaho Illinois Indiana General authority for qualifying projects without specifying sectors, but excluding generation of electric energy for sale, communications services, cable and video services and water reservoir projects General authority for public facilities without specifying sectors Chapter 2: Department of Ga. Code. Ann to Partnership for Public Facilities and Infrastructure Act Ga. Code. Ann to Public Private Agreements for the Illiana Expressway Act 605 ILCS 130/1 to 130/999 (Specific authority for Illiana Expressway) Public-Private Agreements for the South Suburban Airport Act 620 ILCS 75/2-35 (Specific authority for South Suburban Airport) Public-Private Partnerships for Act 630 ILCS 5/15 to 5/90 Article 23: Public-Private Agreements Ind. Code Ann to Article 15.5: Public-Private Agreements for Toll Road Projects Ind. Code Ann Article 15.7: Public Private Partnerships Ind. Code Ann Page 4 of 10
5 Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan General authority for capital construction projects without specifying sectors Authority for specific reporting agencies without specifying sectors Chapter 45A: Kentucky Model Procurement Code KRS 45A.077 Public-private partnership projects La. Rev. Stat. 48: Louisiana Authority Act La. Rev. Stat. 48:2071 to 48: The Louisiana Intrastate Rail Compact Act La. Rev. Stat. 48:2170 to 48:2189 Subpart B: Hurricane Protection, Flood Control and Coastal Restoration La. Rev. Stat. 49: Chapter 410: Department of 23 Me. Rev. Stat. Ann Md. Code Regs Md. Code Ann., State Fin. & Proc. 10a-101 to 10a-403 Chapter 6C: Massachusetts Department of Mass. Gen. Laws Chapter 6C 1-75 (2009) Private Investment Infrastructure Funding Act Mich. Comp. Laws Ann to Page 5 of 10
6 Minnesota Chapter 160: Roads, General Provisions Minn. Stat. Ann to Chapter 473J: Minnesota Sports Facilities Authority Minn. Stat. Ann. 473J.11 Mississippi 2 Chapter 43: Toll Roads and Toll Bridges Miss. Code Ann to Missouri Missouri Public-Private Partnerships Act Mo. Rev. Stat to Montana Nebraska Nevada Nev. Rev. Stat. Chapter 277A Contracts for Facilities Nev. Rev. Stat to New Hampshire Public-Private Partnership Projects N.H. Rev. Stat. Ann. 228:107 to 228:115 New Jersey Montclair State University Act N.J. Stat. Ann. 18A:64N-10 Article 5: State College Contracts Law N.J. Stat. Ann. 18A:64-85 New Mexico New York Page 6 of 10
7 December 2017 North Carolina General authority for capital improvement projects without specifying sectors North Dakota Ohio Oklahoma General authority without specifying sectors] Oregon Pennsylvania Article 2: Powers and Duties of Department and Board of N.C. Gen. Stat (39) Article 6H: Public Toll Roads and Bridges N.C. Gen. Stat to Article 8: Public Contracts N.C. Gen. Stat Chapter : Infrastructure Development by Private Operators N.D. Cent. Code Ann to Chapter 5501: Department of Ohio Rev. Code Ann Oklahoma Public and Private Facilities and Infrastructure Act 74 Okl. St to 5158 Chapter 367: Financing; Projects Or. Rev. Stat to Chapter 383: Tollways Or. Rev. Stat to Chapter 91: Public-Private Partnerships 74 Pa. Cons. Stat. Ann to 9124 Rhode Island Page 7 of 10
8 South Carolina General authority for infrastructure facilities Chapter 35: South Carolina Consolidated Procurement Code S.C. Code Ann Chapter 3: Department of S.C. Code Ann South Dakota Tennessee 2 Tennessee Tollway Act Tenn. Code Ann to Public-Private Act Tenn. Code Ann to Texas Chapter 223: Bids and Contracts for Highway Projects Tex. Transp. Code Ann to Chapter 228: State Highway Toll Projects Tex. Transp. Code Ann to Chapter 284: Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways Tex. Transp. Code Ann Chapter 366: Regional Tollway Authorities Tex. Transp. Code Ann to Regional Mobility Authority Act Tex. Transp. Code Ann to Chapter 2267: Public and Private Facilities and Infrastructure Tex. Gov't Code Ann to Page 8 of 10
9 Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Territories General authority for procurement units without specifying sectors Guam Puerto Rico 2 Utah Procurement Code Utah Code Ann. 63G-6A-101 to 63G-6A-2407 Part 14: Contracts Utah Code Ann. 63G-6A-1403; ; to Public-Private Act of 1995 Va. Code Ann to The Public-Private Education Facilities and Infrastructure Act of 2002 Va. Code Ann to Chapter 47: Innovative Partnerships Wash. Rev. Code to Public-Private Facilities Act W. Va. Code Ann to Chapter 84: State Trunk Highways; Federal Aid Wis. Stat. Ann (30) Puerto Rico Highway and Authority Act P.R. Laws Ann. tit. 9, 2001 to 2021 Public-Private Partnerships Act P.R. Laws Ann. tit. 27, 2601 to 2623 Page 9 of 10
10 Chapter 11. Puerto Rico Electric Power Authority 22 L.P.R.A. 196 DBIA extends a special thanks to Nossaman LLP for its extensive contribution to this matrix. Page 10 of 10
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