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PPP and investment law

United States: PPP and investment law

The laws that govern PPP and concessions, investment guarantees, dispute settlement and legal terms, with links to the official texts.

Checked on October 23, 2026Information, not legal advice

In brief

The United States has no single federal PPP statute. P3 projects rely on state enabling laws: according to the Federal Highway Administration, 40 states, DC and Puerto Rico had transportation P3 statutes as of October 2025. Federal credit support comes from TIFIA. The US is an ICSID member and a party to the New York Convention, and it is not a member of the Energy Charter Treaty.

PPP and concession law

Status: check the official text

State P3 enabling laws

According to the Federal Highway Administration, transportation P3 enabling statutes exist in 40 states, the District of Columbia and Puerto Rico (as of October 2025). One example is the Virginia Public-Private Transportation Act (Va. Code §§ 33.2-1800 to 1823), which grants broad authority and allows unsolicited proposals.

Official text (opens in a new tab)

Investment protection

We have not yet checked a separate foreign investment or investment screening law for this jurisdiction against an official source, so we do not summarise one here.

Constitutional protection of property

The constitutional property provision has not yet been checked against the official text, so we do not summarise it here.

Dispute settlement

ICSID Convention

Contracting State

  • In force: October 14, 1966

New York Convention (1958)

Party

Energy Charter Treaty

Not a member (observer)

Investment treaty with Ukraine

Legal terms

How the law names each party, in the original language. Useful when reading tender documents and contracts.

Public side

  • responsible public entity
  • public agency

Private side

  • private entity
  • private partner

Who proposes a project

There is no federal rule: it depends on state law. The Virginia Public-Private Transportation Act, for example, allows unsolicited proposals.

Sources

  1. FHWA – State P3 Enabling Laws (opens in a new tab)
  2. LII – 23 U.S.C. Chapter 6 (TIFIA) (opens in a new tab)

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P3 law in the United States | EUROBRIDGE