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PPP Policy Lessons from Europe Robert Bain RBconsult | University of Leeds April 2015

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PPP Policy Lessons from Europe

Robert BainRBconsult | University of Leeds

April 2015

Presentation• Overview & Purpose of the PPP Research

• Key Research Questions

• Summary Findings– highways, rail, schools & hospitals

• The Issue of PPP Affordability

• Lessons Learned

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Background/Purpose

• PPPs now maturing– Some projects > 15 years operational experience

• Consolidate and reflect on knowledge/experience

• Context of weak economic conditions– ...and unprecedented public sector budget deficits

• Focus on transport (mainly road, but also rail)– ...and contrast with education and health – Research identified recurring themes (‘lessons learned’)

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Research Questions

• Do PPPs work equally well in all sectors?

• What conditions make for a successful PPP?

• Where should PPPs be avoided?

• How could PPPs be improved?

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Research Questions

• Do PPPs work equally well in all sectors?

• What conditions make for a successful PPP?

• Where should PPPs be avoided?

• How could PPPs be improved?

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A Word About the EIB

• The EU’s long-term lending institution

• A public-policy bank (IFI)

• Headquartered in Luxembourg

• MASSIVE lending operation– World Bank (2013) = $44.2bn– EIB (2013) = $94.7bn

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Lessons Learned from PPPs

• EIB funds > 200 PPP Projects

• Place highways in the broader context

– Highways– Rail– Schools– Hospitals

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Lessons Learned from PPPs

• EIB funds > 200 PPP Projects

• Place highways in the broader context

– Schools– Hospitals– Rail– Highways

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PPP Schools• Good fit with PPPs

• Good construction experience– ...with innovation

• Clear design/build synergies

• Some minor delays– no problems with schedules/cancellations

• Allocation of some risks/responsibilities still evolving

• Largely, PPP schools reported to be successful

• Key = buy-in of principal/head teacher

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PPP Hospitals• ‘Fit’ with PPPs reported to be less comfortable

• Value for Money sometimes challenging to deliver

• Some promoters had faced affordability problems

• Key concerns– Ensure flexibility of health care delivery– Responsiveness to future health care policy– Developments can happen relatively quickly

• Other concern = costs– Some PPP hospitals look expensive cf conventional procurement

• Biggest concern: impact on planning of health care facilities & services– Planning being driven by the procurement process?

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PPP Rail• Limited experience to date

– More risk than other infrastructure projects/mixed success

• Key risks– Complexity and size (capital intensity/technical intensity)– Multiple interfaces with third parties– Demand risk– Low gradients (more structures)– Very low engineering error margins– Onerous approvals– Railway culture and traditional operating practices– Politics

• PPPs best when they are distinct, stand-alone projects– Separable operationally, institutionally & economically from other activities– This may be challenging to achieve in rail

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PPP Highways• Particularly good fit with PPPs

• Straightforward assets/gradual pace of sector development

• Usefully ‘lock in’ future maintenance obligations

• Common risks– Unforeseen ground conditions

• Construction risk over-emphasised? Operational risks of greater concern (to lenders)?

– Interface with utilities– Permitting/approvals– Demand risk

• Good book on this subject!!– LTAs not as independent as they should be

• Highways likely to remain at the forefront of PPPs across Europe (and beyond)

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Measuring PPP Highway Success?

• Revisit policy objectives

– Many of which…

• …have been muddled & contradictory• ...have been justified retrospectively• ...have evolved over time

• There have been three key winners

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Measuring PPP Highway Success

1. Fixed price on asset delivery

2. Locking-in high quality maintenance

3. Value for money

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Measuring PPP Highway Success• They have also enhanced the exposure of the highways sector to:

– Private sector skills and expertise• Risk assessment, innovation, new materials and technologies, fewer

institutional constraints etc.

– Commercial disciplines• Competition, risk mitigation, investor scrutiny, proper accounting

principles, the business of running highways, attention to maintenance etc.

– Financing and financiers• Capital market/lender requirements, expectations, appetite etc.

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Affordability: A Caution• PPP roads use a variety of payment mechanisms

– User tolls versus availability/performance-based arrangements• User tolls = new money• Availability/performance-based arrangements = re-profiling government spend

• Is the availability/performance-based PPP approach sustainable?– England was...

• 20% of Highways Agency budget for 8% of the network.– Now with M25 DBFO...

• 35-40% of Highways Agency budget for 17% of the network– Portugal

• 125% of the budget for 50% of the network– Similar findings

• Need 2½ times the traditional budget for network-wide PPP-like performance

• Conclusion– M25 will be the last (current form) PPP highway in the England– Policy as it stands is unsustainable– Don’t confuse financing solutions with funding solutions

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Affordability: A Caution• PPP roads use a variety of payment mechanisms

– User tolls versus availability/performance-based arrangements• User tolls = new money• Availability/performance-based arrangements = re-profiling government spend

• Is the availability/performance-based PPP approach sustainable?– England was...

• 20% of Highways Agency budget for 8% of the network.– Now with M25 DBFO...

• 35-40% of Highways Agency budget for 17% of the network– Portugal

• 125% of the budget for 50% of the network– Similar findings

• Need 2½ times the traditional budget for network-wide PPP-like performance

• Conclusion– M25 will be the last (current form) PPP highway in the England– Policy as it stands is unsustainable– Don’t confuse financing solutions with funding solutions

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Affordability: A Caution• PPP roads use a variety of payment mechanisms

– User tolls versus availability/performance-based arrangements• User tolls = new money• Availability/performance-based arrangements = re-profiling government spend

• Is the availability/performance-based PPP approach sustainable?– England was...

• 20% of Highways Agency budget for 8% of the network.– Now with M25 DBFO...

• 35-40% of Highways Agency budget for 17% of the network– Portugal

• 125% of the budget for 50% of the network– Similar findings

• Need 2½ times the traditional budget for network-wide PPP-like performance

• Conclusion– M25 will be the last (current form) PPP highway in the England– Policy as it stands is unsustainable– Don’t confuse financing solutions with funding solutions

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Affordability: A Caution• PPP roads use a variety of payment mechanisms

– User tolls versus availability/performance-based arrangements• User tolls = new money• Availability/performance-based arrangements = re-profiling government spend

• Is the availability/performance-based PPP approach sustainable?– England was...

• 20% of Highways Agency budget for 8% of the network.– Now with M25 DBFO...

• 35-40% of Highways Agency budget for 17% of the network– Portugal

• 125% of the budget for 50% of the network– Similar findings

• Need 2½ times the traditional budget for network-wide PPP-like performance

• Conclusion– M25 will be the last (current form) PPP highway in the England– Policy as it stands is unsustainable– Don’t confuse financing solutions with funding solutions

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Lessons Learned (1)

• PPPs work best when:

1. Projects have strong rationale, are essential, enjoy broad public/ political support

2. Outputs can be clearly defined and specified contractually

3. The integration of project/financing contracts makes sense

4. Applied in mature/stable sectorsa. Pace of development is gradualb. Delivery requirements + usage = predictable

5. Competitive tension can be maintained during procurement

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Lessons Learned (2)

• PPPs work best when:

6. Transaction structures avoid over-sophistication...and retain financial/contractual flexibility

7. Applied to straightforward assets of a modest size

8. Risk allocation reflects stakeholder capabilities & capacity

9. Private finance is really at risk

10. Selected because of efficiency and VfM benefits...not accounting treatment or fashion

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Lessons Learned (3)

• PPPs work best when:

11. Procuring agency commits to a long-term active partnership, and ...is commercially literate...has strong negotiating skills...has responsive decision-making processes

12. The procuring agency selects a sustainable private sector partner

13. Used for separate, stand-alone projects with minimal interface risk

• A project that does not make sense– ...or a contract that cannot be let to the market on a sensible basis– ...under a traditional procurement model– ...is unlikely to be transformed by making it a PPP

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Thank You

Robert BainRBconsult

[email protected]

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