Alternative Financing - the New Mainstream?

State and local strategies to bridge the gap between traditional funding and current needs – which has been referred to as alternative finance – are now becoming mainstream. 

Consider Los Angeles Mayor Antonio Villaraigosa’s plan to speed up the development of LA’s transit infrastructure, which the LA Times reports would include financing from ‘a combination of private financing and bonds, such as Build America Bonds, established in the economic recovery bill to cut interest costs for local and state infrastructure projects.’ 

In fact, this model has already been used in several states for highway projects (see Texas and Florida for recent examples).  Recent changes in TIFIA rules and the Obama administration’s so-called ‘livability’ criteria may indicate the federal credit program’s shift of emphasis toward funding transit programs.  And enhanced versions of existing credit programs, such as the proposal to establish and capitalize a National Infrastructure Bank, could present a new vehicle to make these financing options available.

Public agencies responsible for developing high speed rail will also have to consider alternative financing methods.  The ARRA grant funds allocated for these projects, although impressive, will only make up a portion of the monies necessary to provide a viable service.  The choice comes down to this: wait years or even decades for the federal government to dole out enough funds on a pay-as-you-go basis to build the infrastructure we need, or creatively finance critical deals using low cost federal credit, bonds, and private equity so that we can reap the benefits of increased mobility sooner.  After sitting in L.A. traffic this morning, I can certainly tell you which option I would prefer.
 

Infrastructure Journal Honors Texas, Florida, and Nossaman

A week after the Project Finance Awards honored the Florida deals, the Infrastructure Journal Awards honored the Texas DOT’s North Tarrant Express project as its 2009 Global Transport Deal of the Year. The Florida DOT’s I-595 Project was nominated along with one other project for the honor.

The North Tarrant Express was nominated with two other projects for the IJ’s 2009 Global Deal of the Year – which selects from projects in all sectors, including: power, renewables, oil and gas, PPPs, and transport.

Nossaman was nominated along with two other law firms for the 2009 Transport Legal Advisor of the Year award for our work in the industry, including our work on the North Tarrant Express, the I-595, and the Port of Miami Tunnel.    


Photo source: Infrastructure Journal
Angus Melville, IJ Editor, with Nossaman’s Geoff Yarema and Meridiam's Thierry Déau.

We heartily congratulate the Texas and Florida Departments of Transportation on their impressive accomplishments and appreciate the opportunity to have been associated with their successful projects. 

Infrastructure Journal reported that the North Tarrant Express deal “marks the first time a US pension fund has come on board as a direct equity shareholder in a toll road concession, and the first time long-term investment grade transportation private activity bonds (PABs) have been issued, sold "unwrapped"."   It is the only road development project in the country to have closed in 2009 in which the private sector assumed revenue risk. IJ notes the North Tarrant Express deal "has the potential to kick start a trend across the States of pension funds becoming more active in infrastructure investment.”

The London-based IJ called the I-595 a “pathfinder deal” and remarked that the “nomination of US law firm Nossaman is an indicator of where the market is heading, with three landmark deals in the States making it away in 2009 - Port of Miami Tunnel, North Tarrant Express (Transport Deal of the Year) and the I-595.”

Background and analysis about the NTE, the I-595, and the POMT are available on nossaman.com and Infra Insight blog.

Florida Department of Transportation Honored for Two Projects

The Port of Miami Tunnel Improvement Project was named the 2009 Global Deal of the Year and the 2009 North American PPP Deal of the Year by Project Finance Magazine

The I-595 Corridor Roadway Improvements Project was named the 2009 North American Transport Deal of the Year

Project Finance Magazine, a leading global infrastructure industry trade publication, announced the honors at its awards ceremony in New York on March 4th and profiles both the Port of Miami Tunnel and I-595 projects in its current issue.  Nossaman is honored to have had the opportunity to work on both of these projects with the Florida Department of Transportation and congratulates the department on its vision and success.  

"We are excited to see this landmark project begin construction.  We assembled an excellent team of FDOT employees and consultants to deliver this project.  Nossaman, under Patrick Harder's leadership, was an integral team member whose creativity and excellent judgment helped deliver the project on time and within budget."
       - Gerry O'Reilly, FDOT Director of Transportation Development

Background and analysis about the I-595 and the POMT, both precedent-setting availability payment PPP projects, are available on nossaman.com and Infra Insight blog.

Photo Source: Florida Department of Transportation

I-595 Corridor Roadways Improvement ProjectPort of Miami Tunnell Project

 

 

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Another Hurdle for Infrastructure Projects? The White House Draft Guidelines on Greenhouse Gas Emissions

The White House’s Council on Environmental Quality has issued two draft guidance memos regarding important NEPA compliance issues that may add another regulatory layer to infrastructure project development.

The draft guidelines on greenhouse gas (GHG) emissions, issued on February 18, 2010, require that environmental impact evaluations by federal agencies address GHG.  Among other things, federal agencies are required to quantify and describe expected direct and indirect GHG emissions, to discuss measures to reduce GHG emissions, and to qualitatively discuss the link between the proposed action's GHG emissions and climate change.  By adding to the list of matters an environmental impact statement or environmental assessment must address, the new guidelines not only are likely to increase the cost and time necessary to prepare NEPA documents, but also may provide additional avenues through which project opponents could challenge projects. 

Draft guidelines on NEPA mitigation and monitoring requirements are intended to require federal agencies to adopt (1) binding commitments to implement mitigation measures, (2) monitoring programs to "ensure" the mitigation is implemented, and (3) reporting systems so that the public knows if and how the mitigation measures are implemented.  The guidelines "are intended to reinforce existing requirements and responsibilities", but nevertheless could increase the impact of mitigation requirements on projects, in terms of both cost and time. 

The draft guidelines are open for comment for a 90-day period. 

Nossaman has issued an E-Alert providing a more detailed analysis of these new guidelines.