Evaluating and Implementing Airport Privatization and Public-Private Partnerships (2021)

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91 A P P E N D I X A Introduction Resources presented in this bibliography are organized into three categories: (1) airport- specific resources, (2) industry resources, and (3) other relevant resources. Airport-specific resources published by governmental agencies or scholarly journals specifi- cally for airport practitioners tend to focus on the basics of alternative project delivery, such as the definition of alternative project delivery or privatization, the federal and airport policy frameworks, and barriers to implementation. For instance, the FAA’s website on “What Is the Airport Investment Partnership Program” describes the Airport Investment Partner- ship Program (AIPP) as an effort to explore privatization as a means of generating access to various sources of private capital for airport improvement and development. This site provides a fact sheet, the status of the program as of August 2004, application procedures, and a link to ACRP Report 66 (Ernico et al., 2012). The Government Accountability Office (GAO) has also produced airport-specific resources such as GAO 15-42: Airport Privatization: Limited Interest Despite FAA’s Pilot Program and GAO 14-658T: Airport Funding: Aviation Industry Changes Affect Airport Development Costs and Financing (see bibliographic information for these resources under the heading “Airport-Specific Resources”). Both reports focus on high-level components of alternative project delivery, such as policy challenges to AIPP implementation and market drivers that influence the implementation of alternative project delivery at airports, rather than best practices or implementation strategies. There are relatively few projects implemented in the United States as compared to other coun- tries, such as Canada and the UK. Global airport-specific resources are useful in broadening prac- titioners’ mindsets about how alternative project delivery may be applied to airport development projects. The World Bank provides resources on alternative project delivery implementation across the world, including online resources such as the Private Participation in Infrastructure Database and PPP Knowledge Lab: Airports (see bibliographic information for these resources under the heading “Airport-Specific Resources”). The World Bank’s web resources feature case study analyses that relate the many ways alternative delivery may be applied under different governance models at airports around the globe. Industry resources are produced by organizations serving public and private stakeholders engaged in work at airports and include informational and policy briefs on alternative project delivery. The International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Bipartisan Policy Center and Airports Council International (ACI), AAAE, and Airport Consultants Council (ACC) are some of the organizations that track policy changes, funding and financing opportunities, and general market trends that shape the use of alterna- tive project delivery. These organizations typically produce white papers or policy briefs that are reflective of current conditions at airports in the United States. Annotated Bibliography

92 Evaluating and Implementing Airport Privatization and Public-Private Partnerships Other relevant resources are not specifically focused on airports, but provide information that can be useful to airport practitioners. Two foundational resources produced at the federal and state level aimed at alternative project delivery implementation are the following: FHWA’s User Guidebook on Implementing Public-Private Partnerships for Transportation Infrastructure Projects in the United States (2007) and the National Conference of State Legislatures’ (NCSL) Public-Private Partnerships for Transportation: A Toolkit for Legislators (2010). Both resources skew toward alternative project delivery for surface transportation since state departments of transportation use alternative project delivery methods more frequently than airports due to a different policy regime and subsequently available funding and financing programs tailored for surface transportation. Both reports intend to educate early adopters of alternative project delivery. Like ACRP Report 66, these resources offer a broad overview of alternative project deliv- ery. The FHWA report describes screening, tools, and techniques specific to alternative project delivery. The NCSL is aimed at state legislators and contains more information on guidelines to shape policy that results in project implementation. Building on these two seminal reports, the FHWA Center for Innovative Finance Support, and the Build America Transportation Investment Center (BATIC) Institute: An AASHTO Cen- ter for Excellence are two governmental entities that provide implementation resources to those using alternative project delivery. Both entities provide in-person training, web educational resources, white papers, and other resources that apply to airport practitioners. The Center for Innovative Finance Support (CIF$) “conducts research and provides tools, training and tech- nical assistance to help the transportation community vet and implement innovative strategies to fund and deliver transportation improvements.” CIF$ has developed a wide array of policy and technical guides, as well as analytical tools to inform decision-making about public-private partnerships (P3s). The BATIC Institute: An AASHTO Center for Excellence enhances tax- payer value from transportation investment by promoting public sector capacity building in the analysis, understanding, and use of project finance techniques through a program of training, sharing of effective practices, and technical assistance to all state departments of transportation (DOTs) and their local partner agencies. Airport-Specific Resources ACRP Report 66: Considering and Evaluating Airport Privatization Transportation Research Board, 2012 http://www.trb.org/Publications/Blurbs/167156.aspx ACRP Report 66 defines the spectrum of privatization models (referred to generally here as alternative project delivery) and describes the operating environment characteristics that shape airports’ use of privatization for project delivery. The report documents the relative advan- tages and disadvantages of alternative project delivery methods considering legal and regulatory frameworks unique to U.S. airports. As a foundational document, ACRP Report 66 functions as a “primer” for those unfamiliar with project delivery, its alternative forms, and its application in the U.S. airport context. ACRP Report 121: Innovative Revenue Strategies—An Airport Guide Transportation Research Board, 2015 http://www.trb.org/Main/Blurbs/172699.aspx ACRP Report 121 is a resource that describes a broad range of tools and techniques for airport operators to use in improving revenue streams, recovering costs, or achieving operational effi- ciencies. The report presents ways for airport operators to (1) develop new sources of revenue; (2) increase airport sponsor participation in tenant revenues; and (3) improve the planning,

Annotated Bibliography 93 administrative process, and management of existing airport businesses. This report describes strategies for revenue generation and illustrates the contexts in which different strategies are most effective. When used in concert with alternative project delivery, this guide helps practi- tioners identify innovative revenue mechanisms and understand how those mechanisms may be applied to enhance the financial feasibility of different delivery methods. Airport Finance: Information on Funding Sources and Planned Capital Development GAO, 2015 https://www.gao.gov/assets/670/669870.pdf The report provides information about airport infrastructure plans and funding. This report discusses (1) how much national system airports received in funding for capital development projects from 2009 through 2013 and from which sources, (2) the estimated costs of airports’ planned capital development from 2015 through 2019, (3) how past funding levels compare with planned development costs, and (4) how changes to Airport Improvement Program (AIP) fund- ing and the maximum allowable passenger facility charges (PFCs) might affect airport funding. GAO analyzed funding data and conducted a survey of state aviation officials, examined reports on airports’ development plans, and interviewed FAA officials, industry representatives, airport financial-consulting firms, and bond-rating agencies. Airport Privatization: Issues and Options for Congress Congressional Research Service, 2016 https://fas.org/sgp/crs/misc/R43545.pdf This report considers reasons why participation in the AIPP has been very limited. Only two airports have completed the privatization process, and one of them later reverted to public owner- ship. Owners of other airports considered privatization but eventually chose not to proceed. The lack of interest in privatization among U.S. airports could be the result of (1) readily avail- able financing sources for publicly owned airports, (2) barriers or lack of incentives to privatize, (3) the potential implications for major stakeholders, and (4) satisfaction with the status quo. Contribution to the Study of PPP Arrangements in Airport Development, Management and Operation Transport Policy, Volume 18, Issue 2, 2011 https://www.sciencedirect.com/science/article/pii/S0967070X10001460 This paper looks at recent developments in airport “privatization,” distinguishing privati- zations from P3 arrangements through a case study approach and establishing a comparative analysis of different P3 models used for airport management. Some comments are made about the Portuguese model and the announcement of future privatization. GAO 14-658T Airport Funding: Aviation Industry Changes Affect Airport Development Costs and Financing GAO, 2014 https://www.gao.gov/products/GAO-14-658T This testimony discusses trends in (1) aviation activity at airports since 2007, (2) costs of airports’ planned development, and (3) federal funding and airport revenues that may be

94 Evaluating and Implementing Airport Privatization and Public-Private Partnerships available to finance development costs. This testimony is based on GAO reports on aviation from June 2007 through June 2014, updated through June 2014 with interviews with key FAA and trade association officials and FAA airport funding data from 2005 to 2013. GAO 15-42 Airport Privatization: Limited Interest Despite FAA’s Pilot Program GAO, 2014 https://www.gao.gov/products/GAO-15-42 This report reviews experience with the AIPP program, challenges to airport owners and investors in full privatization, the potential effects of airport privatization, and reasons why airport privatization is more prevalent outside of the United States and stakeholder views on the AIPP. The report is based on 42 interviews with stakeholders such as airports, airlines, air- port consultants, labor groups, financiers, and private airport operators. Policy Check-In: Status of Airport P3s in the U.S. Bipartisan Policy Center, 2017 https://bipartisanpolicy.org/blog/policy-check-in-status-of-airport-p3s-in-the-u-s/ This white paper describes the environment for private investment in airport facilities. The paper includes project summaries for Austin Bergstrom South Terminal, Branson Airport, John F. Kennedy International Air Terminal, LaGuardia Central Terminal, and San Juan Airport. PPP Knowledge Lab: Airports World Bank, Accessed June 2018 https://pppknowledgelab.org/sectors/airports The World Bank’s primer on P3s at airports includes a detailed analysis of international deals in India, Jordan, and Latin America. The site also contains information on contract compliance and monitoring issues specific to airports. Private Participation in Infrastructure Database World Bank, Accessed June 2018 http://ppi.worldbank.org/ The database is a product of the World Bank’s P3 Group and is designed to disseminate infor- mation on infrastructure projects in low- and middle-income countries. The database high- lights airport projects around the world and details the contractual arrangements used to attract private investment and the source and destination of investments, as well as providing information on primary project investors. Regulating Privatized Infrastructures and Airport Services World Bank, 1999 http://documents.worldbank.org/curated/en/994621468739565748/Regulating-privatized- infrastructures-and-airport-services The authors cover basic issues associated with the regulation of privatized airport infrastruc- ture and services. The report describes the economic characteristics of airports, recent trends in the airport industry, regulation of price and quality, and performance indicators. While this

Annotated Bibliography 95 report is older than others reviewed for this research effort, the report contains a review of indicators that are used to assess performance in airport privatizations. Performance indicators discussed include revenue, cost, productivity, and quality of service. Resource Book on P3 Case Studies European Commission, 2004 http://ec.europa.eu/regional_policy/sources/docgener/guides/pppresourcebook.pdf The Commission developed this Resource Book, consisting of a set of case studies on P3s in Western and Central Europe in a variety of sectors and including two international case studies on airports: Local Airport Kassel-Calden in Germany and International Airport Warsaw in Poland. The Resource Book discusses how airport owners may determine the optimal level of public subsidy needed to realize a viable project but also prevent opportunity for the private sector to “game” profits or losses. What Is the Airport Privatization Pilot Program FAA, 2013 http://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=14174 Congress established FAA’s Airport Privatization Pilot Program to explore privatization as a means of generating access to various sources of private capital for airport improvement and development. This site provides a fact sheet, the status of the program as of August 2004, applica- tion procedures, and a link to ACRP Report 66. Industry Resources Airport Financing ACI-NA, 2018 https://www.aci-na.org/content/airport-financing This web page documents how airports are self-sustaining through various revenue sources and documents options to fund airport construction projects, such as the AIP, PFCs, and bonds. Airport Owners’ Guide to Project Delivery Systems, 2nd Edition ACI, ACC, and Association of General Contractors of America, 2012 http://acconline.org/Documents/Guidelines%20Documents/Airport%20Owners%20Guide%20 to%20Alternate%20Project%20Delivery%20Systems.pdf This guide is designed for use by airport executives deciding on the most appropriate delivery mechanism for a project. It covers contracting mechanisms and selection approaches from tradi- tional design-bid-build through construction management at risk, design-build, and integrated project delivery. Also included in an “Emerging Trends” section are P3 and other alternative contracting methods. Airport Ownership and Regulation IATA, Deloitte, 2018 https://www.iata.org/contentassets/4eae6e82b7b948b58370eb6413bd8d88/airport-ownership- regulation-booklet.pdf

96 Evaluating and Implementing Airport Privatization and Public-Private Partnerships This report describes “global best practice” for alternative ownership and operating models for airport projects. The authors discuss the key stages in executing a P3: Project Identification and Selection; Project Preparation, Appraisal, and Structuring; Transaction Management; and Project Implementation. Within each stage, the report pairs global best practices with examples of airport alternative delivery projects. In Appendix 1, the report outlines “best in class” infor- mational documents including technical manuals published by project owners such as the UK HM Treasury, Infrastructure Australia, New Zealand Treasury, and Government of India. Case Studies on Commercialization, Privatization and Economic Oversight of Airports and Air Navigation Services Providers ICAO, Accessed June 2018 https://www.icao.int/sustainability/pages/Eap_ER_Databases_CaseStudies_ANSPs.aspx These case studies consider the commercialization or privatization of airports and air naviga- tion service providers (ANSPs) and explain the mechanisms of economic oversight for 26 states or regional organizations. The case studies are structured around five components: background, airport commercialization/privatization, ANSP commercialization/privatization, airport regu- lation, and ANSP regulation. Creating Fertile Grounds for Private Investment in Airports ACI and InterVISTAs, Accessed June 2018 https://store.aci.aero/product/policy-brief-creating-fertile-grounds-for-private-investment-in- airports/ This brief reflects on policy decisions and economic trends that affect the use of privatization at airports. The authors describe the demand for airport infrastructure and the different ways that governments can approach privatization. The brief finds that large airports (those with the greatest passenger traffic) and airport networks are most likely to use privatization. The brief also reflects on issues that impact investor decision-making such as a reliable regulatory framework and the ability to “generate risk-proportionate returns on investment.” Case study analysis includes José Joaquín de Olmedo International Airport in Ecuador, Grupo Aeropor- tuario del Pacífico regional airport network in Mexico, LaGuardia Terminal in the United States, Brazzaville, Pointe Noire, and Ollombo Airports in the Republic of Congo, Mactan- Cebu International Airport in the Philippines, national network privatization in Malaysia, and Aeorporti di Roma in Italy. Evaluating Airport P3 Projects: An Introduction for Airport Lawyers Kaplan Kirsh & Rockwell LLP, 2017 https://www.kaplankirsch.com/News-Publications/Publications/107702/Evaluating-Airport- P3-Projects-An-Introduction-for-Airport-Lawyers This short guide is intended as background reading for airport lawyers who are interested in learning the basics of airport P3s, about various P3 approaches, and about recent P3 airport activity in the United States. Fact Sheet: Airport Privatization IATA, Accessed June 2018 http://www.iata.org/pressroom/facts_figures/fact_sheets/Documents/fact-sheet-airport- privatization.pdf

Annotated Bibliography 97 This fact sheet builds upon IATA’s position paper that concluded that airport owner- ship structure is not an important factor in airport privatization. The fact sheet considers how privatization may deliver the cost and service levels that airlines require. The fact sheet also contains references to three position papers on lease concession fees, prefunding, and cross-subsidization—issues of relevance to the implementation of alternative project delivery methods. Manual on Privatization in the Provision of Airports and Air Navigation Services ICAO, Accessed June 2018 http://www.aviationchief.com/uploads/9/2/0/9/92098238/icao_doc_9980_-_manual_on_ privatization_of_airports_and_ans_1.pdf This manual provides an overview of developments around the globe as well as an overview of delivery models. Of note for the study at hand, this manual discusses major issues to be examined by airports when considering a change in ownership and management. Policy Brief: Airport Ownership, Economic Regulation and Financial Performance ACI, Accessed June 2018 http://www.aci.aero/Publications/ACI-Airport-Economics-and-Statistics/ACI-Policy-Brief- Airport-ownership-economic-regulation-and-financial-performance The brief summarizes findings from the ACI Inventory of privatized airports (2016). The Inventory reveals the number of commercial airports with private sector participation, owner- ship structures, level of traffic, and form of contract. Public-Private Partnership (P3) Model State Legislation Bipartisan Policy Center, 2015 https://bipartisanpolicy.org/report/public-private-partnership-p3-model-legislation/ This report encourages the enactment of consistent P3-enabling legislation by states as a tool to increase investment in infrastructure. The report provides model legislation and presumes that it will be tailored by individual states per their needs and circumstances. Key components of the legislation are designed to enable P3s for a wide range of projects, create a state office dedicated to providing P3 expertise and assistance, standardize and promote best practices, and protect the public interest. The Ownership of Europe’s Airports ACI, Accessed June 2018 https://www.aci-europe.org/downloads/resources/The%20Ownership%20of%20Europes%20 Airports%202016.pdf This report shows that over 40% of European airports have at least some private share- holders. Based on a detailed analysis of each country in Europe, the report reflects on the signifi- cantly increased private participation in 2016 compared to 2010, in terms of both fully private airports and P3s.

98 Evaluating and Implementing Airport Privatization and Public-Private Partnerships Other Relevant Resources Advanced Public-Private Partnerships Training FHWA, 2012 https://www.fhwa.dot.gov/ipd/pdfs/p3/intro_p3.pdf The Center for Innovative Finance Support hosted an Advanced Public-Private Partnerships (201 level) webinar that focused on questions from the Colorado DOT on specific issues related to P3s for high-occupancy toll lanes. Experts from states that have successfully implemented P3 agreements discussed their experiences and how they have addressed the issues. The webinar is intended for transportation professionals who already have a basic understanding of P3s. Analytical Studies Fact Sheet U.S. DOT, FHWA, 2013 https://www.fhwa.dot.gov/ipd/fact_sheets/p3_toolkit_05_analyticalstudies.aspx Once public agencies have identified a project as having the potential to be procured as a P3, they typically conduct a series of progressively more rigorous evaluations to determine the best approach to delivering the project. These evaluations help decision-makers choose how best to structure and procure a potential P3 project. Availability Payment Concessions Public-Private Partnerships Model Contract Guide—Draft U.S. DOT, FHWA, 2015 https://www.fhwa.dot.gov/ipd/pdfs/p3/apguide.pdf This guide presents key concepts for the structuring and development of legal contracts for availability-payment-based highway P3s. It is part of a broader effort by FHWA to promote understanding of P3 transactions, which includes the Core Toll Concessions P3 Model Contract Guide. Benefit-Cost Analysis Fact Sheet U.S. DOT, FHWA, 2016 https://www.fhwa.dot.gov/ipd/pdfs/fact_sheets/p3_toolkit_08_benefitcostanalysis.pdf Benefit-cost analysis is a process used to compare the societal impacts of a P3 project against those for the traditional public delivery alternative. Benefit-Cost Analysis for Public-Private Partnership Project Delivery: A Framework U.S. DOT, FHWA, 2016 https://www.fhwa.dot.gov/ipd/pdfs/p3/guidebook_bca.pdf This focuses on developing a framework to evaluate the societal benefits and costs of P3 delivery, including the net societal benefits from accelerating project delivery. In addition to this guide, FHWA’s P3 Toolkit also includes the P3-VALUE 2.0 Tool and User Guide, which includes a benefit-cost analysis component.

Annotated Bibliography 99 Contracting & Public-Private Partnerships—A Guide for State & Local Government Officials & Administrators Martin & Saviak, 2014 http://www.nigp.org/docs/default-source/docs/Practices/contractingp3guide2014 This guide is designed to inform state and local government officials and administrators about the tools of contracting and P3s. The guide provides advice for thinking about both the policy issues as well as the procurement and implementation issues involved with these tools. This guide is organized in a highly readable fashion and includes case study examples illus- trating the current use of contracting and P3s. Among others, the guide covers such topics as contracting, risk transfers, communication, and the new statutory authority for local govern- ments in Florida to engage in P3s. Establishing a Public-Private Partnership Program: A Primer U.S. DOT, FHWA, 2012 https://www.fhwa.dot.gov/ipd/p3/toolkit/publications/primers/establishing_p3_program/ Establishing a P3 program within a public agency involves issues from enabling legislation through identification, evaluation, negotiation, and management of P3 projects. This primer explores key issues involved in establishing a P3 program at a public agency with a focus on P3s for new capacity for highway infrastructure. Financial Structuring and Assessment for Public-Private Partnerships: A Primer U.S. DOT, FHWA, 2013 https://www.fhwa.dot.gov/ipd/p3/toolkit/publications/primers/financial_structuring_and_ assessment/ This primer addresses financial structuring and assessment for P3s and has been prepared as a companion document to FHWA’s recent primers on value for money analysis and risk assess- ment for P3s. Most P3 projects are financed by using a combination of private equity, debt, and (often) public subsidies. Guidebook for Risk Assessment in Public Private Partnerships U.S. DOT, FHWA, 2013 https://www.fhwa.dot.gov/ipd/pdfs/p3/p3_guidebook_risk_assessment_030314.pdf Risk assessment is one of the inputs for the quantitative analysis in the value for money assess- ment. In addition to this guidebook, FHWA’s P3 Toolkit also includes both the Risk Assessment for Public-Private Partnerships: A Primer, and the P3-VALUE 2.0 Tool and User Guide, which includes a risk assessment component. This guidebook is intended to be an intricate and detailed follow-on to the primer and covers more challenging and advanced risk assessment topics. It is designed to enhance the overall understanding of the relationship between risk assessment and value for money analysis and to provide hands-on direction for practitioners in the field. Guidebook for Value for Money Assessment U.S. DOT, FHWA, 2013 https://www.fhwa.dot.gov/ipd/p3/toolkit/publications/guidebooks/vfm_for_ppps/

100 Evaluating and Implementing Airport Privatization and Public-Private Partnerships The value for money assessment concept is used to compare P3 and conventional delivery methods for the same investment project and, in this context, answer the question, “Which delivery method provides the ‘best deal’ for implementing a specific project from the perspec- tive of the government?” The guidebook describes the process that can be used on a case-by- case basis to compare the aggregate benefits and costs of a P3 against those of the conventional alternative, from the perspective of the public agency procuring the project. In addition to this guidebook, FHWA’s P3 Toolkit also includes both Value for Money Assessment for Public- Private Partnerships: A Primer, and the P3-VALUE 2.0 Tool and User Guide, which includes a value for money analysis component. Introduction to Public-Private Partnerships (P3s) FHWA, 2012 https://www.fhwa.dot.gov/ipd/pdfs/p3/intro_p3.pdf This presentation prepared by the Center for Innovative Finance Support P3 specialists pro- vides definitions of common P3 terminology, information on the benefits and challenges asso- ciated with P3 projects, examples of different types of P3 projects, and a review of the financing tools that may be used with P3 project. P3 Toolkit: Publications U.S. DOT, FHWA, 2017 https://www.fhwa.dot.gov/ipd/p3/toolkit/ A series of two-page fact sheets that reviews key aspects of the P3 implementation process, from pre-procurement to implementation. The P3 Toolkit also contains publications (such as guides and primers) to help practitioners understand and navigate the different aspects of implementing P3 projects. The P3 Toolkit contains analytical tools using spreadsheet-based calculations to conduct risk assessment, financial feasibility assessment, benefit-cost analysis, and value for money assessment. The site also provides links to federal programs and institu- tions, such as the Build America Bureau. P3 Toolkit: Risk Valuation and Allocation for Public-Private Partnerships (P3s) U.S. DOT, FHWA, 2017 https://www.fhwa.dot.gov/ipd/p3/toolkit/analytical_tools/p3_value/ Risk assessment is one of the inputs for the quantitative analysis in the value for money assess- ment. In addition to this guidebook, FHWA’s P3 Toolkit also includes both the Risk Assessment for Public-Private Partnerships: A Primer, and the P3-VALUE 2.0 Tool and User Guide, which includes a risk assessment component. This guidebook is intended to be an intricate and detailed follow-on to the primer and covers more challenging and advanced risk assessment topics. It is designed to enhance the overall understanding of the relationship between risk assessment and value for money analysis and to provide hands-on direction for practitioners in the field. P3 Infrastructure Delivery: Principles for State Legislatures NCSL, 2017 http://www.ncsl.org/research/transportation/p3-infrastructure-delivery-principles-for-state- legislatures.aspx

Annotated Bibliography 101 Aimed at state legislators, this report explains P3 as a project delivery method and the policy framework for P3 implementation. The authors then outline general principles to help legisla- tors write enabling statutes that are helpful to project owners. The report uses examples of success stories (and bankruptcies or other challenges) to support the proposed principles. Project Profiles U.S. DOT, FHWA, Accessed June 2018 https://www.fhwa.dot.gov/ipd/project_profiles/ This resource includes more than 140 project profiles of surface transportation projects utilizing P3, alternative project delivery methods, project finance, tolling and pricing, value capture, and the Transportation Infrastructure Finance and Innovation Act.