Effect of Public-Private Partnerships and Nontraditional Procurement Processes on Highway Planning, Environmental Review, and Collaborative Decision Making (2013) / Chapter Skim
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1Overview This study has been conducted as part of the Capacity Focus Area of the Second Strategic Highway Research Program (SHRP 2) , which involves 22 different research efforts exploring how environmental, economic, and community issues can be integrated into the analysis, planning, and design of new highway capacity.
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2• Private-sector innovation can be inhibited for projects that have gained environmental clearance resulting from risks and delays associated with reopening the NEPA process when approved designs are revisited. • The decision to procure projects on a P3 basis may be made at any point during the planning and NEPA processes, which can, in many cases, lead to the decision being made only after completion of NEPA.
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3 concrete understanding of relevant legal issues. Furthermore, federally mandated transportation planning requirements for state DOTs and MPOs play a central role in how and when P3 projects are considered.
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4• Public-sector comparator analysis; • Toll collection and back-office accounting procedures; and • Legal and contractual issues that are associated with long-term concession agreements lasting 30 to 50 years or more. Private partners also have to coordinate with lenders, rating agencies, equity partners, technical advisors, and subcontractors, as well as with DOTs.
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5 The decision to procure a project on a P3 basis may be made any time during the Decision Guide processes or after the completion of NEPA. As the SHRP 2 research team has determined, projects involving early consideration stand the greatest chance for success.
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6financial confines. Private-sector partners must operate within a time-constrained environment when arranging project financing and must consider the low tolerance for long project gestation periods and delays that occur from reevaluation.
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7 The North Central Texas Council of Governments (NCTCOG) , the MPO in the Dallas–Fort Worth region, provides a prime example of an agency that has adopted a regional policy on tolling to help accomplish the three objectives, as identified.
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8If project sponsors perform cash flow assessments for large and complex projects earlier in the project development process, they are able to determine sooner whether funding gaps exist. If this determination is made while projects are still in NEPA, then additional alternatives to reduce capital costs or to generate new revenues through tolling could also be assessed.
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9 If the P3 procurement occurs after NEPA's completion, the sponsoring agency may wish to consider completing less than 30% of the design to allow greater opportunity for the private sector to define the physical and operational characteristics of the project in a manner that capitalizes on its design and operational expertise. A Vision for Enhancing the Decision Guide Process to Consider the Potential for P3 Development Even though an increasingly large proportion of P3 procurements move forward after project sponsors have gained environmental clearance for projects, the research reveals that several states and regions are considering the possible use of tolling and P3s early on in the Decision Guide process and are using both planning and NEPA processes as a platform to vet these possibilities.
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