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Title:

Major Legal Issues for Highway Public-Private Partnerships
Cover of Major Legal Issues for Highway Public-Private Partnerships

Accession Number:

01123450

Record Type:

Monograph

Availability:

Transportation Research Board Business Office

500 Fifth Street, NW
Washington, DC 20001 United States
Order URL: http://www.trb.org/Main/Public/Blurbs/155785.aspx

Abstract:

Congress has established a number of programs that authorize the use of tolling, pricing, and public-private partnerships (PPPs) on Federal-aid highways. Moreover, the U.S. Department of Transportation has promoted PPPs as a significant tool available to state and local highway agencies for supplementing public funding for infrastructure and reducing traffic congestion. In light of the foregoing, there is a widespread expectation that the use of PPPs in the U.S. highway sector will increase substantially in the next few years. Common legal issues are associated with the implementation of public-private highways. As of July 2008, 23 states have legislation authorizing PPPs. Many states do not have legislation authorizing the use of nontraditional project delivery methods for highway projects. Although the use of toll and other pricing revenues is a common way to finance private participation in highway projects, there remain significant restrictions under federal and state law on the ability to implement such direct user fees in particular circumstances. Other potential legal issues arise out of limitations on public and private financing methods, environmental review requirements, labor and employment laws, and public procurement standards. Project risks must also be allocated between the public and private sectors in the PPP agreement. This digest is designed to provide a broad overview of the major legal issues that are likely to arise in the implementation of PPPs in the U.S. highway sector. It should be helpful to transportation administrators, attorneys, planners, financial officials, and the private transportation investment community.

Language:

English

Authors:

Fishman, Edward

Pagination:

39p

Publication Date:

2009-1

Serial:

NCHRP Legal Research Digest

Issue Number: 51
Publisher: Transportation Research Board

Media Type:

Print

Uncontrolled Terms:

Legal issues; Risk allocation

Subject Areas:

Finance; Highways; Law; I10: Economics and Administration

Files:

TRIS, TRB

Created Date:

Mar 13 2009 2:56PM