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PUBLIC/PRIVATE
PARTNERSHIPS (P3S) IN 30 MINUTES OR LESS
WHAT ARE WE GOING TO DISCUSS?
• Some history of P3s in Arizona
• Current shifting landscape
• Potential future of P3s in Arizona
P3s
A BRIEF HISTORICAL LOOK
• Although the 202 Connect project
has garnered a lot of attention, it
is not the first Public/Private
Partnership in Arizona
• A project may be a P3 even if it is
not formally titled a “P3” or even
doesn’t require private financing
WHAT IS A P3?
• A Public-Private Partnership is a
contractual agreement between a
public agency (federal, state or local)
and a private sector entity.
• Through this agreement, the skills
and assets of each sector are shared
in delivering a service or facility for
the use of the general public.
• In addition to the sharing of
resources, each party shares in the
potential risks and rewards in the
delivery of the service and/or
facility.
o Source: www.ncppp.org
Public Sector
Private Sector
Partnership
RANGE OF DELIVERY MODELS
The Scale of Public-Private Partnerships:
Risk Transfer & Private Sector Involvement
Privatization
DegreeofPrivateSectorRisk
Design-Build-Finance-Maintain-Operate (Full Concession)
Design-Build-Finance-Maintain-Operate (Availability Payment)
Design-Build-Finance-Maintain
Design-Build-Operate-Maintain
Design-Build-Finance
PDA
PPPModels
Design Build
Design-Build
Degree of Private Sector Involvement
CENTRAL ARIZONA PROJECT
• In 1946, the Central Arizona Project Association was formed to
educate Arizonans about the need for CAP and to lobby
Congress.
• It took approximately 22 years to accomplish this, when in
1968 President Johnson approved construction of the CAP.
• The Central Arizona Water Conservation District was created
to manage the CAP and as a means to repay the reimbursable
costs of construction.
GM DESERT PROVING GROUND
o Structured as an enhanced use lease
o Joint venture with the US Army and
GM
o GM provided the facilities
o Army provided the land
o Win/win as now both have a 2,400
acre hot weather test complex that
neither could have built on their own
CRESCENT MOON
• Crescent Moon/Red Rock
Crossing Recreation Area in
Sedona, AZ
o RRM has operated this area since 1994
under a private maintenance and
operations agreement with the US
Forest Service
o Study conducted in 2011 compared
RRM’s operations of the Recreation Area
with nearby Arizona State Park
o Crescent Moon returns $45,000 a year
to the US Forest Service while state park
costs Arizona $234,000 a year
LAKE PLEASANT WATER TREATMENT
PLANT
• Water Treatment Facility – Built with a capacity of 80 million gallons per
day (mgd), but expandable up to 320 mgd
• Built as a Design-Build-Operate
• At the time was the largest Design-Build-Operate in North America
• Project began two months ahead of schedule, saving the City of Phoenix
approximately $30 million
• Project was completed with zero lost-time accidents
CURRENT SHIFTING LANDSCAPE IN
ARIZONA
• Although P3s have been used in Arizona over the years,
they have not been capitalized on here as much as they
have in other states or globally.
• Why is that?:
o A lack of clear enabling legislation?
o A lack of understanding on the public/private sector side?
o Access to affordable financing options?
o A lack of need for this delivery method?
• It is unclear why, but it is clear that there is a growing
interest in Arizona.
LEGISLATION
• Significant changes in public procurement laws in
the 2000 session have allowed for government
agencies to utilize alternative project delivery
methods.
• The passage of clear enabling legislation in 2009
for ADOT to use P3s has resulted in ADOT
exploring them for a number of opportunities.
• Depending on the size of potential P3, additional P3
legislation is required to encourage P3 use in
Arizona.
UNDERSTANDING
• Until the past couple of years, there have been pockets of
discussion on P3s, but no clear groundswell.
• Recently a P3 Stakeholder group was formed with members
of the public and private sector to discuss potential projects
to use P3s, enabling legislation and other P3 issues
• In the past four months, there have been two meetings
hosted by the Arizona Commerce Authority, in conjunction
with leaders from Canada to discuss growth and use of P3s
in Arizona.
o These meetings have drawn out between 70 and 100 attendees each meeting
o Leaders from contracting companies and governmental leaders at all levels
• Personal experience – an increased level of consults
NEED
• To utilize a P3, there needs to be an infrastructure
need.
• Estimated costs of Arizona infrastructure needs in
the areas of transportation, telecommunications
water and wastewater, and energy are at least $417
billion over the next 25 years.
• Arizona’s political landscape makes it very unlikely
for the government to raise that money on its own.
POTENTIAL P3S IN ARIZONA
• ADOT related:
o Freeway lighting upgrade
• Replace all high pressure sodium lights in Phoenix Maintenance District
including lights in the Deck Park Tunnel
• Plan, design, supply, operate and maintain
POTENTIAL P3S IN ARIZONA
• ADOT related:
o I-11 corridor
• The concept of an access controlled, high-capacity transportation facility
connecting Phoenix and Las Vegas
CONCLUSIONS
• P3s are not simply about financing, but
rather providing a performance guaranty
to public sector partners
• Staying aware of the growing interest in
P3s may result in you being competitive in
some fantastic business opportunities.

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State Bar P3 seminar.PPTX

  • 2. WHAT ARE WE GOING TO DISCUSS? • Some history of P3s in Arizona • Current shifting landscape • Potential future of P3s in Arizona P3s
  • 3. A BRIEF HISTORICAL LOOK • Although the 202 Connect project has garnered a lot of attention, it is not the first Public/Private Partnership in Arizona • A project may be a P3 even if it is not formally titled a “P3” or even doesn’t require private financing
  • 4. WHAT IS A P3? • A Public-Private Partnership is a contractual agreement between a public agency (federal, state or local) and a private sector entity. • Through this agreement, the skills and assets of each sector are shared in delivering a service or facility for the use of the general public. • In addition to the sharing of resources, each party shares in the potential risks and rewards in the delivery of the service and/or facility. o Source: www.ncppp.org Public Sector Private Sector Partnership
  • 5. RANGE OF DELIVERY MODELS The Scale of Public-Private Partnerships: Risk Transfer & Private Sector Involvement Privatization DegreeofPrivateSectorRisk Design-Build-Finance-Maintain-Operate (Full Concession) Design-Build-Finance-Maintain-Operate (Availability Payment) Design-Build-Finance-Maintain Design-Build-Operate-Maintain Design-Build-Finance PDA PPPModels Design Build Design-Build Degree of Private Sector Involvement
  • 6. CENTRAL ARIZONA PROJECT • In 1946, the Central Arizona Project Association was formed to educate Arizonans about the need for CAP and to lobby Congress. • It took approximately 22 years to accomplish this, when in 1968 President Johnson approved construction of the CAP. • The Central Arizona Water Conservation District was created to manage the CAP and as a means to repay the reimbursable costs of construction.
  • 7. GM DESERT PROVING GROUND o Structured as an enhanced use lease o Joint venture with the US Army and GM o GM provided the facilities o Army provided the land o Win/win as now both have a 2,400 acre hot weather test complex that neither could have built on their own
  • 8. CRESCENT MOON • Crescent Moon/Red Rock Crossing Recreation Area in Sedona, AZ o RRM has operated this area since 1994 under a private maintenance and operations agreement with the US Forest Service o Study conducted in 2011 compared RRM’s operations of the Recreation Area with nearby Arizona State Park o Crescent Moon returns $45,000 a year to the US Forest Service while state park costs Arizona $234,000 a year
  • 9. LAKE PLEASANT WATER TREATMENT PLANT • Water Treatment Facility – Built with a capacity of 80 million gallons per day (mgd), but expandable up to 320 mgd • Built as a Design-Build-Operate • At the time was the largest Design-Build-Operate in North America • Project began two months ahead of schedule, saving the City of Phoenix approximately $30 million • Project was completed with zero lost-time accidents
  • 10. CURRENT SHIFTING LANDSCAPE IN ARIZONA • Although P3s have been used in Arizona over the years, they have not been capitalized on here as much as they have in other states or globally. • Why is that?: o A lack of clear enabling legislation? o A lack of understanding on the public/private sector side? o Access to affordable financing options? o A lack of need for this delivery method? • It is unclear why, but it is clear that there is a growing interest in Arizona.
  • 11. LEGISLATION • Significant changes in public procurement laws in the 2000 session have allowed for government agencies to utilize alternative project delivery methods. • The passage of clear enabling legislation in 2009 for ADOT to use P3s has resulted in ADOT exploring them for a number of opportunities. • Depending on the size of potential P3, additional P3 legislation is required to encourage P3 use in Arizona.
  • 12. UNDERSTANDING • Until the past couple of years, there have been pockets of discussion on P3s, but no clear groundswell. • Recently a P3 Stakeholder group was formed with members of the public and private sector to discuss potential projects to use P3s, enabling legislation and other P3 issues • In the past four months, there have been two meetings hosted by the Arizona Commerce Authority, in conjunction with leaders from Canada to discuss growth and use of P3s in Arizona. o These meetings have drawn out between 70 and 100 attendees each meeting o Leaders from contracting companies and governmental leaders at all levels • Personal experience – an increased level of consults
  • 13. NEED • To utilize a P3, there needs to be an infrastructure need. • Estimated costs of Arizona infrastructure needs in the areas of transportation, telecommunications water and wastewater, and energy are at least $417 billion over the next 25 years. • Arizona’s political landscape makes it very unlikely for the government to raise that money on its own.
  • 14. POTENTIAL P3S IN ARIZONA • ADOT related: o Freeway lighting upgrade • Replace all high pressure sodium lights in Phoenix Maintenance District including lights in the Deck Park Tunnel • Plan, design, supply, operate and maintain
  • 15. POTENTIAL P3S IN ARIZONA • ADOT related: o I-11 corridor • The concept of an access controlled, high-capacity transportation facility connecting Phoenix and Las Vegas
  • 16. CONCLUSIONS • P3s are not simply about financing, but rather providing a performance guaranty to public sector partners • Staying aware of the growing interest in P3s may result in you being competitive in some fantastic business opportunities.