State Survey of P3 Authorizing Statutes: Utah

Utah Code Ann. §§ 72‐6‐201 – 206

Summary

The law authorizes public‐private partnerships for the construction of tollways.

The law provides that a tollway development agreement may include requirements for performance security, including payment and performance bonds, letters of credit, security deposits, guarantees, and similar protections.

Utah Code Ann. § 72‐6‐118;
Utah Code Ann. § 72‐2‐120

Summary

The law authorizes the DOT to establish, expand, and operate tollways and related facilities. The DOT is authorized to enter into contracts, agreements, licenses, franchises, tollway development agreements, or other arrangements for tollway projects. The law prohibits the DOT or other entity from establishing or operating a tollway on an existing state highway unless approved by the Transportation Commission and the Legislature, except for high occupancy toll lanes or additional capacity lanes.

No surety bond language.