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Christopher D. LloydNCPPP Annual Conference

November 19, 2009

Changes in the P3 World – Law and

Policy

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Virginia in the Vanguard

• Virginia PPTA (1995) and PPEA (2002) legislation seen as model statutes

• Maryland, Arizona, Georgia, Utah, and others have adopted similar versions

• North Carolina, California, Ohio, and others are taking baby steps toward Virginia model

• Virginia has done 100+ deals • Range from $1.5 million - $5 billion+• Provides fast track to design-build, predictable

process

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Evolution of Virginia’s PPEA

• Creation of interim agreement concept• Increased public input and transparency• Development of “best practices criteria”• Creation of legislative oversight panel• Expansion to technology projects and services

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Barriers to Public Private Partnerships - 2009• Stimulus promised diminished public sector

appetite for creative approaches• General distrust of Wall Street/corporate America• Lack of public funds• Public sector layoffs create staffing/evaluation

challenges

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Support for Public Private Partnerships - 2009• Stimulus “list making” exercise shows need for

infrastructure• Lack of funding causing public sector to be more

open to creative financing/development opportunities

• Construction price declines/increased competition• Appetite for “asset maximization”

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Recent Transactions (post-Lehman)

• Several major players have exited the market (RBS, Babcock & Brown)

• Several major deals faltered (Midway Airport, PA Turnpike)

• Despite financial crisis, some deals are being done• Infrastructure funds are still successfully raising

money• Era of cheap equity has ended (for now)• Market expects major public participation – risk

aversion

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I-595 Florida

• 10.5 mile, $1.8 billion project• Creates new express lanes,

BRT• Financial close March 2009• ACS Dragados as equity

investor with bank consortium• $800 million bank debt, $600

million TIFIA, $232 million FDOT, $200 million equity

• First “availability payment” scheme in US - $63.98 million per year for 30 years, FDOT controls toll revenue and rates

• Additional information at http://www.i-595.com/default.aspx

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SPSA Waste to Energy

• Sale of waste-to-energy plant to Wheelabrator/Waste Management

• Provides for substantial rehabilitation to neglected facility

• $150 million cash infusion lowers SPSA debt/tipping fees

• Additional proposals being considered for entire solid waste management program (region of 1.7 million)

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Recent Transactions – Market Reaction• Private sector looking for more legal certainty,

traffic track record, public financial participation• Public sector looking for stronger parent

guarantees, additional sweat equity, assistance in building public support for project

• Increased interest in “social” infrastructure projects• Strong interest in energy-related infrastructure

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Future Opportunities and Issues• How will SAFETEA-LU reauthorization impact the

development of new infrastructure?• Will the availability of new bond vehicles dampen

desire for non-traditional financing?• How much flexibility will states/feds have to raise

taxes to develop/maintain crumbling infrastructure?

• Will governments be able to deliver on funding and matching commitments in a challenging fiscal environment?

• Will new environmental/safety/labor requirements restrict infrastructure development?

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Infrastructure & Economic Development | Federal Public Affairs | Strategic Communications & Grassroots Mobilization

State & Local Government Affairs | Emerging European Markets

Atlanta • Charlotte • Charlottesville • Chicago • Columbia • Norfolk • RaleighSpringfield • Tyson’s Corner • Washington, D.C. | Bucharest, Romania

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