National Conference of State Legislatures

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National Conference of State Legislatures Spring Forum April 22 23, 2009 Pamela Bailey-Campbell Parsons Brinckerhoff

What is a PPP? An Agreement Between the Public and Private Sector Parties that Transfers Infrastructure Delivery Functions to the Private Sector Planning, design, financing, construction, operations and/or maintenance functions are candidates Most of these are traditionally regarded as public sector responsibility in the U.S. Transfer of risk associated with transfer of responsibility

The PPP Continuum Public responsibility DBB Design-Bid-Build CM Construction Management O&M Service Contract DB Design-Build FT Fast Track Public funds Direct DBO Design-Build-Operate DBOM Design-Build- Operate-Maintain DBFO Design-Build- Finance-Operate (Maintain) Availability Payment Private responsibility Segmented delivery method Limited to some high-tech components DBFO Design-Build- Finance-Operate (Maintain) User Fees Combined delivery method Private funds Indirect BOO (Privatization) Build-Own-Operate

PB s Role In Public Private Partnerships Strategic Advisor Public Sector Owner Program Manager Public Sector Owner Prime Designer on Design-Build Team Due Diligence and Developer s Engineer Lender s Technical Advisor Construction Oversight Public or Private

International Infrastructure: Cinderella Asset Class Widening investment Gap 2005 10 needed global infrastructure investment estimated $370 billion PER YEAR Balanced against growing deficits & other demands Infrastructure Now New Asset Class Australian pension funds: Infrastructure now 5% What Do They Like? High entry barriers Inelastic demand Stable cash flow Long duration 2002 2007 Performance 124% vs. 96% Equities & 25% Bonds More Challenges Financing Today

Greenfields vs Brownfields New Infrastructure? Budget Balancing??

PPPs: More Than Concessions Innovative Tax Exempt Financing Structures Blending Various Funding Sources incl Value Capture Creative Use of Design Build, DBOM to Obtain Innovation, Cost Efficiency, Schedule & Cost Certainty

Non-U.S. Perspective U.S. Tax Exempt Market is Unique International: More Bank Involvement in Routine Financing More Policies at Country level Public/Private Corporations More mixing of lines between public and private True profit sharing between government and private Traditions of Concession Companies Delivering and Financing Projects

European View on PPPs Just like US, Governments in Europe Struggle with Public Sector Deficits Financing in European PPP Market (excl UK) grew by 1/3 during the first half 2007 New PPP Program Help governments develop PPP projects & meet guidelines for European Investment Bank and other EU entities PPPs Estimated to Fund 15% of Infrastructure Projects in Europe

Canada PPPs Most PPP Activity in British Columbia (Partnerships BC) Primary PPP Reasons Efficient delivery/cost certainty Innovation in design/delivery 2007 Announced New Infrastructure Plan $1.25 Billion new national PPP fund Merit based Contribute up to 25% of eligible costs Established New Federal P3 Office Identify opportunities & execute PPPs Oversee assessment of PPP options for projects funded from federal infrastructure initiatives

U.S. Environment for PPPs Record Infrastructure Needs Increasing Public Sector Interest New Level of Infrastructure Funding Available International Players Long term expertise Growing Participation by US Financial Firms State by State Approach Protecting Public Interest Critical Transparency

U.S. Private Concession Model Characteristics Committed Revenue Source Direct Revenue or Availability Long term Lease Agreement (~35 99 years) Convey tax ownership & depreciation benefits Need to length to finance expensive projects Public Sector Retains Asset Ownership & Oversight Typically An Equity Investment Plus Debt Financing Or Taxable Bonds PABs and TIFIA becoming more important Transfer Of Construction & Operating Risk Availability Payment Structure Potentially better public acceptance More easily financed How To Deliver More Projects?

U.S. Pension Funds Increasing Interest from U.S. Pension Funds Pension Funds Do Not Invest in Tax exempt Debt Talking with Obama Administration Urging Incentives to Encourage Investment Growing Support for National Infrastructure Reinvestment Corporation Changes in Investment Policy CalPERS target 1.5% of market value toward infrastructure Alaska Permanent Fund Corporation 3% infrastructure target Illinois State Board of Investments $300 million (4%) Dallas Police & Fire Pension may be an investor in Cintra led managed lane project in Texas ($75 million minority stake)

Protecting the Public Interest: How Can Public Officials Decide if PPPs Make Sense? GAO Issued Report on PPP Toll Roads UK, Canada, Australia use quantitative test of Value for Money (VfM) using the Public Sector Comparator Public Sector Comparator Examines life cycle project costs over concession term Seeks to quantify the value of various types of risk transfer Partnerships Victoria 4 Part Process Raw PSC Competitive Neutrality Transferable Risk Retained Risk

Leveraging Lessons On PPPs

SR 125/South Bay Expressway $600 Million 12 mile Greenfield Toll Road In San Diego, California Concession Model: 35 years Developed by California Transportation Ventures (PB Equity Partner) First TIFIA loan for a private project Sold to Macquarie in 2002 to finalize financing Project opened late 2007 Full Development Risk, Including Environmental, Started In 1995, Extended Through 2002

FDOT I-595 Managed Lanes $1.2 Billion 10.5 miles of New Express Lanes $64M, 35 Year Availability Payment First use in US FDOT retains control of toll rates Developer: ACS Iridium $1.7 Billion Financing $780 M 10 year bank loans financed as club deal $680 M 35 year TIFIA Loan (3.6%) $210 M 12% Equity (IRR 11.5%) Originally Assumed $826 M PABs Bond market collapse forced restructure Cost 87% of Estimate

Capital Beltway: HOT PPP 14 mile (4) HOT Lanes Added to Capital Beltway ORT & Dynamic Pricing, HOV 3+ Free Owner: Virginia Department of Transportation Private Developer: Capital Beltway Express 90% Transurban 10% Fluor 80 Year Concession Agreement Protection against excess HOV usage ROE 12.98% then revenue sharing with VDOT $1.93 Project Financing $589M 40 year PABs FIRST ISSUANCE $350M Private Equity: $88M Financial Close $262 Construction $589M TIFIA Loan $409M VDOT

Portland MAX Airport Extension 5.5 mile LRT Extension to Airport Key Factor: Prime Real Estate Owned by Port (458 Acres Portland International Center) PPP Effort Initiated and Led by Bechtel Enterprises SPEED: 1997 Unsolicited Proposal to 2001 Opening $125M LRT Engineering & Construction Partnered with Trammel Crow to develop 120 acres parcel Cascade Station (85 yrs) Airport Max Funding, in millions Bechtel, $28.2 TriMet, $45.5 City of Portland, $23.8 Port of Portland, $28.3

Dulles Corridor Rail Sponsoring Agency: Original: VDOT/DRPT Current: MWAA Selected Dulles Transit Partners (Bechtel & Washington Group) after unsolicited PPTA proposal in 1997; $1.6 Billion DB agreement for Phase 1 3/07 Project Cost Phase 1: $2.7 Billion Total Project $5+ Billion MWAA took over leadership role in 2007 Initiated by Dulles Tollroad PPP proposals

Dulles Corridor Rail TOTAL PROJECT FUNDING DULLES TOLL ROAD FTA FTA "New Starts" $900 Million Virginia $50 Million Fairfax County $400 Million Dulles Toll Road $1.296 Billion

California High Speed Rail $40 Billion 800 mile, 220 mph Rail Service from San Diego to San Francisco Annual Revenue $2.4 $4B, Expectations: Operate Without Public Subsidy & Generate Private Investment High Speed Train Bond Approved Nov 2008 New Federal Emphasis on HSR $Financing Plan$ Federal 25 33% State & Local $9B Bond Issue Private

Chicago Midway Airport Privatization Sponsor: City of Chicago Pilot FAA Program Allowed One Major Hub: Required Agreement Of Airlines First privatization of a major US airport 99 year Lease $2.52 Billion Bid by YVR Airport Services, Citi, John Hancock Life Insurance Proceeds: $1.3B repay debt, 90% of remainder on infrastructure & pension liability, $100 million unrestricted Financing Uncertain

Pamela Bailey-Campbell Senior Vice-President Parsons Brinckerhoff baileyp@pbworld.com