[1] The General Accounting Office officially changed its name to the Government Accountability Office on July 7, 2004.
[2] H. Rep. No. 108-243, at 9 (2003).
[3] The comments gathered from stakeholders do not necessarily represent the position of the U.S. DOT or the Administration.
[4] The DOT attempted to provide a balanced report of positive and negative examples of public-private partnerships. However, the current information on public-public partnerships contains few examples of negative experiences with such arrangements.
[5] Norman Y. Mineta, Secretary of Transportation, interview by Rebecca Roberts, http://www.pbs.org/kged/springboard/segments/48/interview.html (accessed May 27, 2004, site now discontinued).
[6] National Council for Public Private Partnerships, AECOM CONSULT, and Parsons Brinckerhoff, Ltd., "Partnerships in Transportation Workshops, Final Report" prepared at the request of the Federal Highway Administration, March 17, 2004, 2.
[7] Ibid.
[8]Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, 2. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[9] Ibid.
[10] Ibid. Some of the information contained in this table was updated by FHWA.
[11] It should be noted that some State fuel taxes are deposited in a State general fund, rather than a dedicated transportation fund.
[12] National Highway System Designation Act of 1995, Pub. L. No. 104-59, §§308, 311, 313(b), and 322, 109 Stat. 568, 582-585 and 591 (1995).
[13] Infrastructure Management Group, Inc. and Maryland and Government Finance Group, Inc., An Evaluation of the TE-045 Innovative Finance Research Initiative prepared at the request of the Federal Highway Administration, October 1996,Chap. 1, http://www.fhwa.dot.gov/innovativefinance/evalcov.htm.
[14] Ibid., Executive Summary.
[15] Ibid.
[16] Comment provided by the Associated General Contractors of America.
[17] 23 U.S.C. §129(a)(7) (2004).
[18] National Highway System Designation Act of 1995, Pub. L. No. 104-59, §350, 109 Stat. 568, 618-622 (1995).
[19] California, Florida, Missouri, Rhode Island, and Texas are the only States with SIBs authorized under both the NHS Act and TEA-21.
[20] Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002, Pub. L. No. 107-117, § 1108, 115 Stat. 2230, 2332 (2002).
[21] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, xi. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[22] Ibid.
[23] 23 U.S.C. §§181-189 (2004).
[24] 23 U.S.C. § 182(c) (2004).
[25] Federal Highway Administration, Exploring Key Issues in Public-Private Partnerships for Highway Development, Searching for Solutions: A Policy Discussion Series, No. 2, (FHWA-PL-92-023), June 1992 .
[26] National Council for Public Private Partnerships, AECOM CONSULT, and Parsons Brinckerhoff, Ltd., "Partnerships in Transportation Workshops, Final Report" prepared at the request of the Federal Highway Administration, March 17, 2004.
[27] H.R. 2088, 108th Cong. (2003) and S.1072, 108th Cong. (2003).
[28] H.R. 3550, 108th Cong. (2003). The Senate amended S.1072 by striking the Administration's bill and substituting the Senate proposal.
[29] Robert Cervero, Peter Hall, and John Landis, Transit Joint Development in the United States, Monograph No. 42, August 1992, Institute of Urban and Regional Development, National Transit Access Center, University of California, Berkeley. Also released as Transit Joint Development in the United States: A Review and Evaluation of Recent Experiences and an Assessment of Future Potential, Urban Mass Transit Administration (now the Federal Transit Administration), U.S. Department of Transportation.
[30] Ibid.; and "Transit Oriented Development: State of the Practice, Future Benefits," Transit Cooperative Research Program (TCRP) Report No. 102, Federal Transit Administration, to be published in 2004.
[31] The contractor or builder cannot speculate in the land around the proposed new transit alignment because it may not win the bid. And, even if it took the chance of buying property in advance of making a bid, and the locally selected right-of-way went through the purchased property, the contractor would have to declare this in its bid for the project. Federal grant rules would prevent the contractor from gaining an unfair advantage through prior acquisition of the right-of-way.
[32] Mary E. Peters, Federal Highway Administrator, speech, Canal Road Intermodal Connector Meeting, Gulfport, Mississippi, October 21, 2003, http://fhwa.dot.gov/pressroom/re)31021.htm.
[33] Mary E. Peters, Federal Highway Administrator, excerpts from remarks as prepared for delivery to Associated General Contractors of America (AGC), 85th Annual Convention Highway and Transportation Contractors Division Meeting, Orlando, Florida, March 12, 2004. http://www.fhwa.dot.gov/pressroom/re040312.htm.
[34] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report prepared at the request of Koch Industries, Inc., February 2003, 2. http://www.ncppp.org/resources/papers/battellereport.pdf.
[35] Ibid., 44.
[36] Ibid., Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report prepared at the request of Koch Industries, Inc., Executive Summary, February 2003, 1.
[37] Ibid., 21.
[38] Ibid. FDOT defines the nontraditional contracting techniques presented in Figure 3.1 as follows: A+B (cost-plus-time): The cost or "A" component is "the traditional bid" for the contract items and is the dollar amount of work to be performed under the contract. The A+B bidding concept is designed to shorten the total contract time by allowing each contractor to bid the number of days in which the work can be accomplished. The time or "B" component is a "bid" of the total number of calendar days required to complete the project, as estimated by the bidder. In the A+B bidding method, a dollar value for each contract day is established by FDOT prior to the project being advertised. The contractor will receive an incentive for each day the work is completed ahead of his original contract time bid. If the contractor completes the project late, a disincentive will be assessed as well as appropriate liquidated damages are applied as per the contract.
No Excuses Bonus: This concept is designed to provide the contractor with a substantial bonus to complete a project within a specified time frame regardless of any problems or unforeseen conditions (no time extensions allowed for the purpose of the bonus.) The bonus is tied to a drop-dead date (time frame) that is either met or not met.
Incentive/Disincentive: This concept is designed to reduce the overall contract time by giving the contractor an incentive for every day that the contract is completed early and a disincentive for failure to complete a project on time.
Lane Rental: A fee is established during design and placed in the contract to be assessed for each day or half-day of lane closure(s) in "excess" of the number of total lane rental days originally bid by the contractor. Once the lane rental exceeds the total number of lane rental days bid the predetermined lane rental fee will be multiplied by the excessive time and the result will be deducted from the monthly estimate's payment. The contractor shall only be charged lane rental days on chargeable workdays.
Liquidated Savings: This is a concept to reward the contractor for each calendar day the contract is completed and accepted prior to the expiration of allowable contract time. Contract time is adjusted for time extensions under this concept. The amount of incentive or reward will be based on the direct saving to the FDOT related to construction engineering inspection and contract administration costs.
Bid Averaging Method (BAM): BAM is designed to get contractors to bid a true and reasonable cost for a project. The BAM bidding process is as follows: If 5 or more bids are received, the Department will exclude the low and high bids, average the rest and select the contractor whose bid is closest to the average.
If 3 or 4 bids are received, the Department will average all bids and select the Contractor whose bid is closest to the average. If fewer than 3 bids are received, then the Department will reject all bids and readvertise. Upon award of the project, the Department's normal contract administration processes are used.
See, www.dot.state.fl.us/construction/Design%20Build/ALTERNATIVE%20CONTRACTING.pdf
Lump Sum: The purpose of Lump Sum projects is to reduce the costs of design and contract administration associated with quantity calculation, verification and measurement. This contracting technique requires the contractor to submit a lump sum price to complete a project as opposed to bidding on individual pay items with quantities provided. The contractor will be provided a set of bid documents (plans, specification, etc.) and will develop a Lump Sum bid for all work specified in the contract drawings.
See, www.dot.state.fl.us/rddesign/updates/files/ls010404.pdf
[39] Virginia Department of Transportation, "VDOT Opens Final Portion of the Pocahontas Parkway, Route 895," press release, October 22, 2002. http://www.virginiadot.org/infoservice/news/RICH10232002-poca-ramp.asp.
[40] Virginia Department of Transportation, "Route 288 Is In Full Gear - Construction Begins on Completing the Western Loop around Richmond. Public-Private Partnership Saves Money and Time on High Profile Road Project," press release, May 31, 2001. http://www.virginiadot.org/infoservice/news/CO05312001-rt288.asp.
[41] Washington Group International, "New Ways of Doing Business in the 21st Century," (power point presented to the FHWA) September 23, 2003.
[42] National Society of Professional Engineers, "Design/Build in the Public Sector (#1726),", July 1995, http://www.nspe.org/govrel/gr2-ps1726.asp.
[43] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 6. http://www.ncppp.org/resources/papers/battellereport.pdf.
[44] Ibid., 8.
[45] Texas Comptroller of Public Accounts, Paving the Way: A Review of the Texas Department of Transportation, January 2001,. Chap. 4.1, citing Utah Technology Transfer Center, "Warranty Best Practices Guide," 5 (http://www.ic.usu.edu/IC-Overview/Warranty/warranty%20implimentation%20best.htm).
http://www.window.state.tx.us/txdot.
[46] Ibid.
[47] New Mexico State Highway and Transportation Department New Mexico Corridor 44 Project: A New Paradigm in Highway Construction, July 1998.
[48] "Technical Corner: New Mexico Corridor 44 Project Warranty," FHWA's Innovative Finance Quarterly, Vol. 5, No. 2, Summer/Fall 1999, http://www.fhwa.dot.gov/innovativefinance/ifq52.htm#tech.
[49] Ibid.
[50] Ibid.
[51] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 44; see also, ibid., 11, "Generally design-build projects in the construction industry have shown substantial schedule reductions over traditional design-bid-build. Sanvido showed in a Construction Industry Institute research report that design-build projects were completed 33 percent earlier than design-bid-build projects based on 351 U.S. building projects from 1992-1997. Other advantages include a single point of responsibility for the project and the increased opportunity to use innovative designs, materials, and construction methods and techniques." http://www.ncppp.org/resources/papers/battellereport.pdf.
[52] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 15. http://www.gao.gov/new.items/d04419.pdf.
[53] Ibid.
[54] Ibid.
[55] Ibid., 39.
[56] Ibid.
[57] Ibid., 48.
[58] Internal Revenue Service Web site, "IRS Module D Governmental and Private Activity Bonds," D-7, http://www.irs.ustreas.gov/pub/irs-tege/ph1modd.pdf. "63-20 Corporations are formed under State nonprofit laws for purposes of issuing obligations on behalf of a political subdivision."
[59] Ibid.
[60] Ibid., 49.
[61] Ibid., 16.
[62] Ibid., 42.
[63] Ibid., 44.
[64] Ibid., 31.
[65] Comment provided by CH2M Hill, Inc.
[66] Pocahontas Parkway Web site, "What's New: Dedication of the Vietnam Veterans Memorial Bridge," http://www.PocahontasParkway.com/new.html.
[67] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, Chap. 5, 6. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[68] Ibid.
[69] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 15. http://www.gao.gov/new.items/d04419.pdf.
[70] Deborah S. Ballati, ed., Surface Transportation: "Tools" in the Privatization "Tool Box," (New York: American Lawyer Media, Inc. Law Journal Press, 2001), Ch. 6, Sec. 6.03.
[71] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 9. http://www.ncppp.org/resources/papers/battellereport.pdf.
[72] Ibid., 10.
[73] Alameda Corridor Transportation Authority, "Alameda Corridor Readies Mid-Corridor Design-Build Contract for Approval," press release, Oct. 1, 1998, http://www.acta.org/Releases/releases_18.html.
[74] Deborah S. Ballati, ed., Surface Transportation: "Tools" in the Privatization "Tool Box," (New York: American Lawyer Media, Inc. Law Journal Press, 2001), Ch. 6, Sec. 6.03.
[75] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 32. http://www.ncppp.org/resources/papers/battellereport.pdf.
[76] Dr. Keith Molenaar, The Design-Build Pilot Project Evaluation: A Measurement for the Process, Time, Cost, and Quality, SR 500 Thurston Way Interchange in Vancouver, WA, prepared at the request of the Washington State Department of Transportation, January 2003, Executive Summary. http://www.wsdot.wa.gov/biz/InnvContract/pdf/finalrptDBUofCo.pdf.
[77] "Innovation Paves the Way for the Massachusetts Route 3 North Project," FHWA's Innovative Finance Quarterly, Vol. 6, No. 3, Fall 2000, http://www.fhwa.dot.gov/innovativefinance/ifq63.htm.
[78] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 32. http://www.ncppp.org/resources/papers/battellereport.pdf.
[79] Ibid., 11.
[80] Ibid.
[81] Ibid.
[82] Ibid.
[83] Texas Comptroller of Public Accounts, Paving the Way: A Review of the Texas Department of Transportation, January 2001,. Chap. 4.2, 5, citing "Work Thrives in San Antonio," Engineering News-Record, June 5, 2000, 16. http://www.window.state.tx.us/txdot.
[84] These Federal Lands Highway projects also had additional benefits due to the use of the A+B bidding process. These benefits included opening the roadway sooner, reducing traffic disruption, reducing traffic control, and reducing the risk of accidents.
[85] South Carolina Department of Transportation Web site, "SCDOT 27 in 7 Peak Performance: How South Carolina is Building 27 Years of Road and Bridge Projects in Just 7 Years," http://www.dot.state.sc.us/inside/pdfs/27in7.pdf; and, Federal Highway Administration, FHWA Innovative Finance Primer, (FHWA-AD-02-004), April 2002, 45-46. http://www.fhwa.dot.gov/innovativefinance/ifp/ifprimer.pdf.
[86] Ibid.
[87] Ibid.
[88] Federal Highway Administration, FHWA Innovative Finance Primer, (FHWA-AD-02-004), April 2002, 45-46. http://www.fhwa.dot.gov/innovativefinance/ifp/ifprimer.pdf.
[89] Louisiana TIMED Program Web site, "TIMED Program Fact Sheet," February 2004, http://www.timedla.com/upload/files/programoverview/program%20fact%20sheet.pdf.
[90] "Technical Corner: Accelerating Highway and Bridge Projects in Louisiana," FHWA's Innovative Finance Quarterly, Vol. 9, No. 2, Spring 2003, http://www.fhwa.dot.gov/innovativefinance/ifq92.htm#tech_corner.
[91] Ibid.
[92] Ibid.
[93] Ibid.
[94] "One big advantage of PPPs is risk transfer, but one tenet of emerging PPP and D/B universe is that it is best and most cost effective to distribute the risk to the team member most able to mitigate the risk. The fact is that on the private side, those above are seeking to transfer as much additional risk as possible to those below contractually." Comment provided by Christopher Lloyd,. Senior Vice President and Director Business Expansion Services, McGuire Woods Consulting.
[95] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 22. http://www.ncppp.org/resources/papers/battellereport.pdf.
[96] Ibid.
[97] Mark A. Ehlen, "Life-cycle Costs of New Construction Materials," Journal of Infrastructure Systems, Vol. 3 (December 1997), 129.
[98] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, Chap. 5, 13. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[99] Steve Lockwood, Public and Private Roles in Highway Network Development: An Agenda for Future Research on Institutions and Regulations, STELLA Conference on Transport and Sustainability , Athens, Greece, 2004, 2.
[100] Mervyn K. Lewis, "Risk Management in Public-Private Partnerships," Center for Globalization and Europeanization of the Economy, Discussion Paper No. 12, CeGE Research Workshop at the George-August-University in Gottingen, Germany, June 2001, 9. http://www.cege.wiso.uni-goettingen.de/Dokumente/Diskussion/discuss_12.pdf.
[101] Ibid.
[102] Ibid.
[103] Public Private Partnerships: The Government's Approach, published with the permission of the HM Treasury on behalf of the Controller of Her Majesty's Stationary Office, 2000, 11 http://www.hm-treasury.gov.uk/media/1D111/80.pdf#page=1.
[104] Mervyn K. Lewis, "Risk Management in Public-Private Partnerships," Center for Globalization and Europeanization of the Economy, Discussion Paper No. 12, CeGE Research Workshop at the George-August-University in Gottingen, Germany, June 2001, 13. http://www.cege.wiso.uni-goettingen.de/Dokumente/Diskussion/discuss_12.pdf.
[105] See, 23 C.F.R. § 635.111(2003).
[106] Richard Norment, "PPPs - American Style," The PFI Journal, 39 (October 2002), 27. http://www.ncppp.org/howpart/PFIArticle.pdf.
[107] Comment provided by Minnesota.
[108] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 15. http://www.ncppp.org/resources/papers/battellereport.pdf.
[109] Ibid., 4.
[110] Ibid., 5; see also Mervyn K. Lewis, "Risk Management in Public-Private Partnerships," Center for Globalization and Europeanization of the Economy, Discussion Paper No. 12, CeGE Research Workshop at the George-August-University in Gottingen, Germany, June 2001, 11. http://www.cege.wiso.uni-goettingen.de/Dokumente/Diskussion/discuss_12.pdf, "Drafting the delivery specifications for a project in a manner that accurately and clearly communicates the requirements of the project that minimize any prescription as to how the service is to be delivered or the asset maintained encourages innovation among the bids concerning the range of service delivery options and pricing proposals, which should in turn provide government with value for money."
[111]Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 8. http://www.ncppp.org/resources/papers/battellereport.pdf.
[112] Ibid.
[113] Ibid., 34. The Construction Industry Institute is a research institute for engineering and construction.
[114] Ibid.
[115] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 36. http://www.ncppp.org/resources/papers/battellereport.pdf. The scores represent the frequency of occurrence of each negative event. A high source represents a low frequency of occurrence and they are an overall higher quality, while a low score represents a high frequency and they are an overall lower quality.
[116] Dr. Keith Molenaar, The Design-Build Pilot Project Evaluation: A Measurement for the Process, Time, Cost, and Quality, SR 500 Thurston Way Interchange in Vancouver, WA, prepared at the request of the Washington State Department of Transportation, January 2003, Executive Summary. http://www.wsdot.wa.gov/biz/InnvContract/pdf/finalrptDBUofCo.pdf.
[117] Ibid.
[118] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 13. http://www.ncppp.org/resources/papers/battellereport.pdf.
[119] Ibid.
[120] Ibid., 11.
[121] Ibid., 40.
[122] The International Project Finance Association Web site, "PFI & PPP's: Frequently Asked Questions," http://www.ipfa.org/mediafiles/library254.pdf. Other countries implementing PPP's include Canada, Italy, Australia, Japan, France, Spain and Germany.
[123] Romania: Ministry of Transport, Constructions and Tourism, Public Private Partnership: Opportunities for Major Investments in Romania, December 10, 2003, http://www.mt.ro/forum%20ppp/Bota%20final%20Dec%202003.pdf.
[124] Ibid.
[125] Anthony Fine and Simela Karasavidis, Public Private Partnerships/Private Finance Initiative: An Overview of the United Kingdom Experience and Trends for the Future, (Kilpatrick Stockton LLP).
[126] Spence, G, Head of Private Finance Unit, HM Treasury, "HM Treasury's Recent Proposals in Relation to Financing: A Practical Guide to the Latest Financing Issues in PFI/PPP", transcript of City and Financial Conference, December 9, 2003, 29.
[127] Ibid.
[128] Torlid Skogsholm, Minister of Transport and Communications, welcoming address, the Fourth Annual PPP Forum, Oslo, Norway, October 20, 2003, http://odin.dep.no/sd/engelsk/aktuelt/nyheter/028051-990009/dok-bn.html.
[129] Nevil Gibson, "Long, winding road, Editor's INSIGHT, " The National Business Review, December 3, 2002. http://www.nbr.co.nz/print/print.asp?id=4580&cid=14&cname=Editor's+insight.
[130] Beehive: New Zealand Government Official Web site, "Land Transport Management Bill Public/Private Partnerships, " http://www.behive.govt.nz/nzts/facts-ltmb-partnerships.cfmhttp://www.behive.govt.nz/nzts/facts-ltmb-partnerships.cfm.
[131] Bureau of Transport and Communications Economics, Working Paper 33: Benefits of Private Sector Involvement in Road Provision: A Look at the Evidence, 1996, http://www.bte.gov.au/docs/wp33.pdf.
[132] Ibid.
[133] Ibid.
[134] Clifford Chance, LLP, Public Private Partnerships in Germany: The Private Financing of Transport Infrastructure Projects, March 2001, http://www.cliffordchance.com/uk/pdf/PPPinGermany.pdf.
[135] Ibid.
[136] Mary E. Peters, Federal Highway Administrator, speech, Canal Road Intermodal Connector Meeting, Gulfport, Mississippi, October 21, 2003, http://fhwa.dot.gov/pressroom/re)31021.htm.
[137] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, vi.
[138] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 3. http://www.ncppp.org/resources/papers/battellereport.pdf.[139] Ibid.
[140] Ibid.
[141] Ibid.
[142] Ibid.
[143] Ibid.
[144] Ibid.
[145] Ibid.
[146] Ibid.
[147] Ibid., 17.
[148] Ibid.
[149] Ibid.
[150] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, 37. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[151] Ibid.
[152] Ibid.
[153] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 21, citing information provided by Nossaman, Guthner, Knox, and Elliott, LLP. http://www.gao.gov/new.items/d04419.pdf.
[154] Ibid.
[155] National Society of Professional Engineers, "Design/Build in the Public Sector (#1726),", July 1995, http://www.nspe.org/govrel/gr2-ps1726.asp.
[156] Ibid.
[157] Ibid.
[158] "Study Finds State Procurement Laws Impeded Design/Build Use," Concrete Products, April 1, 2003, http://concreteproducts.com/mag/concrete_study_finds_state/index.html. "Firms based in the Mid-Atlantic (63%), Mountain (57%), and North Central (45%) regions of the United States are most likely to report being shut out of public-sector design/build projects due to state procurement laws."
[159] Ibid.
[160] "Survey Results Show Design/Build Is No Panacea," Plumbing and Mechanical Magazine, March 2001, http://www.pmmag.com/pm/cda/articleinformation/features/bnp__features__item/0,,21876,00+en-uss_01dbc.html.
[161] Ibid.
[162] Ibid.
[163] Ibid.
[164] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 11.
[165] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 11.
[166] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 20. http://www.gao.gov/new.items/d04419.pdf.
[167] Illinois limits such authority to high speed rail and magnetic levitation transportation. Indiana limits such authority to the Indiana Port Commission.
[168] Information provided by Nossaman, Guther, Knox and Elliott, LLP.
[169] Virginia Department of Transportation, "Public-Private Transportation Act of 1995 Implementation Guidelines," April 2001, http://www.virginiadot.org/business/resources/PPTA-overview.pdf.
[170] Texas Department of Transportation, "Drafting the Future," August 2003, >http://www.dot.state.tx.us/dtf/DraftingtheFuture.pdf.
[171] Ibid.
[172] Ibid.
[173] Ibid.
[174] Duane D. Stanford, "Ga. 316 Expected to Be First Fast-Tracked Toll Road," The Atlanta Journal-Constitution, January 5, 2004, E2.
[175] Duane D. Stanford, "A GA 316 Makeover: Toll Road to Athens? Contractors Pay Now, Collect Later," The Atlanta Journal-Constitution, January 22, 2004, A1.
[176] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 13.
[177] Ibid.
[178] Ibid.
[179] Ibid.
[180] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 22.
[181] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 21-22. http://www.gao.gov/new.items/d04419.pdf.
[182] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 9.
[183] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 21-22, http://www.gao.gov/new.items/d04419.pdf; Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102-240, §1012(b), 105 Stat. 1914, 1938 (1991); and Transportation Equity Act for the 21st Century, Pub. L. No. 105-178, §1216, 112 Stat. 107, 211-214 (1998) as amended by the TEA 21 Restoration Act, Pub. L. No. 105-206, §9006(b), 112 Stat. 685, 848 (1998).
[184] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 9.
[185] Congressional Budget Office, Toll Roads: A Review of Recent Experience, February 1997, 20. http://www.cbo.gov/showdoc.cfm?index=4014&sequence=0.
[186] Laurie Blake, "Minnesota Poll: 69% Comfortable with Toll Roads" Star Tribune, January 28, 2004, 1A.
[187] Ibid.
[188] Ibid.
[189] Rick Pearson, "Tolls Not a Big Issue, But the Traffic Is, "Chicago Tribune, May 16, 2001, 1.
[190] Ibid.
[191] Ibid.
[192] Ibid.
[193] Ibid.
[194] Parsons Brinckerhoff and the Texas Transportation Institute, A Guide for HOT Lane Development, prepared at the request of the Federal Highway Administration (FHWA-OP-03-009), 2003, 82.
[195] Ibid.
[196] Ibid.
[197] Ibid., 82-83.
[198] Ibid., 28, citing State of California, Department of Transportation, Continuation Study to Evaluate the Impacts of SR 91 Value-Priced Express Lanes: Final Report, December 2000.
[199] Parsons Brinckerhoff and the Texas Transportation Institute, A Guide for HOT Lane Development, prepared at the request of the Federal Highway Administration (FHWA-OP-03-009), 2003, 28.
[200] Ibid., 85.
[201] Ibid.
[202] Ibid.
[203] Ibid.
[204] Ibid., 89.
[205] Ibid., 90.
[206] Ibid.
[207] Ibid., 101.
[208] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 7.
[209] Ibid.
[210] Ibid.
[211] Ibid., 12.
[212] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, 50. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[213] Ibid.
[214] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 12.
[215] Ibid.
[216] Congressional Budget Office, Toll Roads: A Review of Recent Experience, February 1997, 18. http://www.cbo.gov/showdoc.cfm?index=4014&sequence=0.
[217] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 22.
[218] Ibid.
[219] Cherian George, William Streeter, and Scott Trommer, "Bliss, Heartburn, and Toll Road Forecasts," Fitch Public Finance, November, 12, 2003, http://www.fitchibca.com/corporate/reports/report.cfm?rpt_id=189364§or_flag=8&marketsector=1&detail.
[220] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-95-026), April 30, 1995, 22.
[221] Ibid., 7.
[222] Ibid., 22.
[223] Ibid., 12.
[224] Ibid.
[225] Ibid.
[226] Highway Economic Requirements System, Volume IV: Technical Report, Federal Highway Administration, December 2000.
[227] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 22.
[228] Ibid.
[229] Ibid.
[230] Ibid.
[231] Ibid.
[232] Ibid., 13-21.
[233] Ibid., 13.
[234] Ibid., 21.
[235] Ibid.
[236] Ibid.
[237] Ibid.
[238] Ibid.
[239] Ibid.
[240] Ibid.
[241] Ibid.
[242] Ibid., 18.
[243] Ibid.
[244] Ibid.
[245] Ibid.
[246] Congressional Budget Office, Toll Roads: A Review of Recent Experience, February 1997, 17. http://www.cbo.gov/showdoc.cfm?index=4014&sequence=0.
[247] Ibid.
[248] Ibid.
[249] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, 51. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[250] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 13.
[251] Ibid.
[252] Ibid.
[253] Ibid.
[254] Parsons Brinckerhoff and the Texas Transportation Institute, A Guide for HOT Lane Development, prepared at the request of the Federal Highway Administration (FHWA-OP-03-009), 2003, 82.
[255] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 19.
[256] Ibid.
[257] Ibid.
[258] Ibid.
[259] Ibid.
[260] Ibid.
[261] Ibid.
[262] Ibid.
[263] Ibid.
[264] Amy Oakes, "Work on Part of Route 125 Under Way: The Southern Portion Has Been Much Delayed," San Diego Union-Tribune, September 13, 2003, B7.
[265] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 46. http://www.gao.gov/new.items/d04419.pdf.
[266] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 19.
[267] Ibid.
[268] Ibid.
[269] Ibid.
[270] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, 51. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[271] Congressional Budget Office, Toll Roads: A Review of Recent Experience, February 1997, 19. http://www.cbo.gov/showdoc.cfm?index=4014&sequence=0.
[272] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-95-026), April 30, 1995, 23.
[273] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, 51. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[274] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 23. http://www.gao.gov/new.items/d04419.pdf.
[275] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 23.
[276] Ibid.
[277] Ibid.
[278] Ibid.
[279] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 23.
[280] Congressional Budget Office, Toll Roads: A Review of Recent Experience, February 1997, 19. http://www.cbo.gov/showdoc.cfm?index=4014&sequence=0.
[281] Ibid.
[282] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 23.
[283] Ibid.
[284] Ibid.
[285] Comment provided by Associated General Contractors of America.
[286] This definition of "mega-project" is based on section 1802 of the Administration's surface transportation reauthorization proposal (Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 or "SAFETEA") that would amend 23 U.S.C. §106 to include, among other things, a $100 million threshold for financial planning and reporting requirements.
[287] Figure from the Washington Group International, "New Ways of Doing Business in the 21st Century," power point presented to the FHWA, March 2004.
[288] John R. Heisse II, "'Best Value' Procurement: How Federal and State Governments Are Changing the Bidding Process," April 29, 2002, 9, http://www.constructionweblinks.com/resources/Industry_Reports__Newsletters/April_29_2002/best_value_procurement.htm.
[289] Texas Comptroller of Public Accounts, Paving the Way: A Review of the Texas Department of Transportation, January 2001,. Chap. 4.2, 8, citing a telephone interview with Steve Richards, project manager, Morrison Knudsen, August 18, 2000. http://www.window.state.tx.us/txdot.
[290] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, x-xi. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[291] Ibid.
[292] 23 U.S.C. §129(a)(3) (2004).
[293] Transportation Equity Act for the 21st Century. P.L. No. 105-178, 112 Stat. 107, 212-214 (1998).
[294] Intermodal Surface Transportation Efficiency Act of 1991, P.L. No. 102-204 § 1012 9 (b), 105 Stat. 1914, 1938 (1991); Transportation Equity Act for the 21st Century , P.L. No. 105-178, § 1216 (a), 112 Stat. 107, 211-212 (1998); and TEA-21Restoration Act, P.L. No. 105-206 § 9006 (b), 112 Stat. 685, 848 (1998).
[295] Karen J. Hedlund, The Case for Tax-Exempt Financing of Public-Private Partnerships, 1998, 5. http://www.reason.org/HEDLPDF.PDF.
[296] Ibid., 1; citing Federal Reserve Board of Governors Statistical Release G. 13, March 13, 1998.
[297] Ibid., 2.
[298] Ibid.
[299] Ibid., 1.
[300] Ibid., 1-2.
[301] Karen J. Hedlund, The Case for Tax-Exempt Financing of Public-Private Partnerships, 1998, 4, citing Federal Reserve Board of Governors Statistical Release G. 13, March 13, 1998. http://www.reason.org/HEDLPDF.PDF.
[302] Ibid.
[303] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 8.
[304] Ibid.
[305] Ibid.
[306] Karen J. Hedlund, The Case for Tax-Exempt Financing of Public-Private Partnerships, 1998, 4-5. http://www.reason.org/HEDLPDF.PDF.
[307] Ibid.
[308] Ibid.
[309] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 12.
[310] Ibid.
[311] Ibid., 20.
[312] Ibid., 12.
[313] Ibid.
[314] The two provisions are that the DOT: "may have a lien on revenues…subject to any lien securing project obligations" (23 U.S.C. §183(b)(3)(B) (2004)), and that the DOT "shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor" (23 U.S.C. §183(b)(6) (2004)).
[315] Moody's Investors Service, "Moody's Analytic Approach To TIFIA: The Credit Impact Of The Springing Lien," Municipal Credit Research, January 2002.
[316] Committee Print 105-85, 105th Congress; 2nd Session; Transportation Equity Act for the 21st Century as amended by the TEA-21 Restoration Act Together with Explanatory Materials, 543 (October 1998).
[317] Comment provided by Arizona.
[318] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, xi. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[319] Ibid.
[320] Ibid.
[321] Ibid.
[322] In some States, the SIB or a portion of the SIB is funded with State funds and is therefore not subject to Federal requirements. A federally approved SIB is a SIB that has been wholly or partially capitalized with Federal funds.
[323] 23 U.S.C. §131 (2004).
[324] Ibid.
[325] Ibid.
[326] Former toll roads on the Interstate System that existed prior to the prohibition on tolling are "grand-fathered" and can have commercialized rest areas along the Interstate.
[327] 23 C.F.R. §752.5(g) (2003).
[328] 23 U.S.C. §111(b) (2004).
[329] Comment provided by Texas and Virginia.
[330] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[331] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[332] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[333] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[334] Comment provided by Marion C. Pulsifer Consulting.
[335] Comment provided by Texas and Virginia.
[336] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[337] Comment provided by Texas, Virginia, and Marion C. Pulsifer Consulting.
[338] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[339] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP and Florida.
[340] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[341] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP. The Administration included such a proposal in SAFETEA.
[342] FHWA and FTA have facilitated the drafting and execution of MOUs among Federal, State, and local agencies responsible for implementing the NEPA process and the process for obtaining Section 404 permits under the Clean Water Act. These agreements were designed to better integrate and thereby streamline the separate procedures dictated under NEPA and under Section 404 of the Clean Water Act.
[343] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[344] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[345] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP. In SAFETEA, the Administration proposed a statute of limitation of 180 days for legal challenges to Federal agency decisions made in connection with the issuance of permits, licenses, or approvals for highway construction or public transit projects.
[346] Comment provided by Macquarie Infrastructure Group, a wholly-owned subsidiary of Macquarie Bank Limited.
[347] Comment provided by Florida.
[348] Comment provided by Florida.
[349] Comment provided by Macquarie Infrastructure Group, a wholly-owned subsidiary of Macquarie Bank Limited.
[350] Comment provided by Texas.
[351] Comment provided by Arizona. The Administration proposed lowering the eligibility for TIFIA from $100 million to $50 million in SAFETEA.
[352] Comment provided by Macquarie Infrastructure Group, a wholly-owned subsidiary of Macquarie Bank Limited.
[353] Comment provided by Macquarie Infrastructure Group, a wholly-owned subsidiary of Macquarie Bank Limited and Florida.
[354] Comment provided by Macquarie Infrastructure Group, a wholly-owned subsidiary of Macquarie Bank Limited; Hayes, Seay, Mattern and Mattern, Inc.; and CH2M Hill, Inc..
[355] Comment provided by Macquarie Infrastructure Group, a wholly-owned subsidiary of Macquarie Bank Limited.
[356] Comment provided by Tom Warne and Associates, LLC.
[357] Comment provided by South Carolina.
[358] Comment provided by Marion C. Pulsifer Consulting.
[359] Comment provided by Florida.
[360] Comment provided by Texas.
[361] Comment provided by Texas.
[362] Comment provided by Tom Warne and Associates, LLC.
[363] Comment provided by Florida.
[364] Comment provided by Nossaman, Guthner, Knox, & Elliott, LLP.
[365] Comment provided by Florida.
[366] Comment provided by Florida.
[367] Comment provided by Florida.
[368] Comment provided by Florida.
[369] Comment provided by Macquarie Infrastructure Group, a wholly-owned subsidiary of Macquarie Bank Limited and Arizona.
[370] U.S. General Accounting Office, Highways and Transit: Private Sector Sponsorship of and Investment in Major Projects Has Been Limited, (GAO-04-419), March 25, 2004, 15. http://www.gao.gov/new.items/d04419.pdf.
[371] Comment provided by CH2M Hill, Inc.
[372] Comment provided by Minnesota.
[373] Comment provided by AECOM CONSULT.
[374] Comment provided by Virginia.
[375] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 11.
[376] Ibid.
[377] Ibid.
[378] Ibid.
[379] Ibid.
[380] Currently, tax-exempt private activity bonds may be issued for certain privately developed and operated facilities, including airports, docks and wharves, water, sewage and solid waste disposal facilities, mass commuting facilities, qualified hazardous waste facilities, qualified residential rental projects, high-speed intercity rail facilities, and environmental enhancements of hydro-electric generating facilities.
[382] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 25-28. http://www.ncppp.org/resources/papers/battellereport.pdf.
[383] It was determined by the State that the project would have taken 6 years to build under the traditional design-bid-build contracting method.
[384] It was determined by the State that the project would have taken 27 years to build under the traditional design-bid-build contracting method.
[385] It was determined by the State that the project would have taken 5 years to build under the traditional design-bid-build contracting method.
[386] It was determined by the State that the project would have taken 5 years to build under the traditional design-bid-build contracting method.
[387]Provided by Nossaman, Guthner, Knox & Elliott, LLP. In this instance, "in or through implementation stage" means that the State has initiated the procurement process.
[388] Provided by Nossaman, Guthner, Knox & Elliott, LLP.
[389] Alameda Corridor Transportation Authority Fact Sheet, http://www.acta.org/newsroom_factsheet.htm.
[390] Cathy Proctor, "Final Leg of E-470 Nears Completion," Denver Business Journal, December 12, 2002. http://www.bizjournals.com/denver/stories/2002/12/16/story1.html.
[391] Ibid.
[392] Transportation Finance Task Force, Report to Governor Bill Owens , March 2004, http://www.dot.state.co.us/TransportationFINANCETASKFORCEREPORT040204.pdf.
[393] The National Council for Public-Private Partnerships Web site, "Case Study: Massachusetts Route 3 North Project," http://ncppp.org/cases/route3.html.
[394] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 31-32. http://www.ncppp.org/resources/papers/battellereport.pdf.
[395] Virginia Department of Transportation, "VDOT Opens Final Portion of the Pocahontas Parkway, Route 895," press release, October 22, 2002.
[396] Steven Ginsberg, "Virginia Courting Private Sector to Plan, Fund Road Projects; Partnerships Are a Trend," The Washington Post, July 5, 2004, B1 and B5.
[397] Ibid.
[398] Virginia Department of Transportation, "About the Project," http://www.route288.com/abouttheproject.htm.
[399] Virginia Department of Transportation, "Route 288 Is In Full Gear - Construction begins on completing the western loop around Richmond. Public Private Partnership saves money and time on high profile road project," press release, May 31, 2001.
[400] Battelle, Performance-Based Contracting for the Highway Construction Industry: An Evaluation of the Use of Innovative Contracting and Performance Specifications in Highway Construction, Final Report, prepared at the request of Koch Industries, Inc., February 2003, 33. http://www.ncppp.org/resources/papers/battellereport.pdf.
[401] California Department of Transportation Innovative Finance Web site, "Private Investment Public Infrastructure - AB 680 Private Toll Road Program," May 2003, http://www.dot.ca.gov.
[402] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, Chapter 5, 4-6. http://www.cbo.gov/showdoc.cfm?index=320&sequence=6. Citations within case study have been deleted.
[403] Washington State Department of Transportation Web site, "SR 500, Thurston Way Interchange," http://www.wsdot.wa.gov/projects/SR500ThurstonWayInterchange.
[404] Innovative Finance Web site, "State Route 125 Toll Road - San Diego County, CA," http://www.innovativefinance.org/projects/highways/125.asp.
[405] "Federal Credit Program: Ground Breaks on SR 125 South Toll Road," FHWA's Innovative Finance Quarterly, Vol. 9, No. 3, Summer 2003, http://www.fhwa.dot.gov/innovativefinance/ifq93.htm#federal_credit finance.
[406] Orange County Transportation Authority Web site, "About the Project," http://www.octa.net/freeway/sr22/intro.asp.
[407] Innovative Finance Web site, "San Joaquin Hills Transportation Corridor Agency - Orange County, California," http://www.innovativefinance.org/projects/highways/joachin.asp.
[408] T-Rex Project: Transportation Expansion Project Web site, "Introduction to TREX," http://www.trexproject.com/trex_channels/about/introduction.asp.
[409] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[410] "TIFIA Credit Program: Transportation Secretary Announces TIFIA Project Selections," FHWA's Innovative Finance Quarterly, Vol. 6, No. 3, Fall 2003, 43-44, http://www.fhwa.dot.gov/innovativefinance/ifq63.htm.
[411] Roads to the Future Web site, "Coalfields Expressway," http://www.roadstothefuture.com/Coalfields_Expwy.html.
[412] Washington Group International, "Contemporary Transit Systems" presentation, June 2004.
[413] BridgePros Web site, "Tacoma Narrows Bridge," Web site last updated February 6, 2004 (last accessed July 15, 2004)
http://bridgepros.com/projects/TacomaNarrows/TacomaNarrows.htm.
[414] West Virginia Department of Transportation Web site, "King Coal Highway," http://www.wvkingcoal.com/index.asp.
[415] Provided by Nossaman, Guthner, Knox & Elliott, LLP.
[416]"State Public-Private Partnership Legal Score Card: Enabling Laws for Transportation Partnerships," Public Works Financing, February 2004, 7; and information provided by Nossaman, Guthner, Knox & Elliott, LLP.
[417] 23 U.S.C. §101(21) (2004).
[418] 23 C.F.R. §711.111 (2003).
[419] Ibid.
[420] Ibid.
[421] 23 U.S.C. §129(a)(7)(B) (2004).
[422] 23 U.S.C. §129(a)(7)(H) (2004).
[423] National Highway System Designation Act of 1995, Pub. L. No. 104-59, § 350, 109 Stat. 568, 618-622 (1995) and Transportation Equity Act for the 21st Century, Pub. L. No. 105,-178, §1511, 112 Stat. 107, 251-255 (1998).
[424] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 21.
[425] Ibid, 20.
[426] Congressional Budget Office, Innovative Financing of Highways: An Analysis of Proposals, January 1998, 9. http://www.cbo.gov/showdoc.cfm?index=320&sequence=0.
[427] Isaiah J. Poole, "Gas Tax Alternatives for a Nation on the Road," CQ Weekly, April 17, 2204, 919.
[428] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 21; and comment provided by John Cline of the c2group.
[429] Comment received from John Cline of the c2group.
[430] Notice listing Federal environmental laws and Executive Order applicable to the development and review of transportation infrastructure projects, 69 Fed. Reg. 25451 (May 6, 2004).
[431] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 8.
[432] Notice listing Federal environmental laws and Executive Order applicable to the development and review of transportation infrastructure projects, 69 Fed. Reg. 25451 (May 6,2004).
[433] S. Rep. No. 332, 74th Cong., 1st Sess., pt. 2, at 7-8 (1931).
[434] 29 C.F.R. Part 3 (2003) and 23 C.F.R. §635.118 (2003).
[435] Associated Builders and Contractors Web site, "Associated Builders and Contractors Legislative Position of Prevailing Wage / Davis-Bacon Act," January 2004, http://www.abc.org/user-assets/Documents/Government%20Affairs/IssueBriefs/DavisBaconAct.pdf.
[436] Building & Construction Trades Department, AFL-CIO Web site, "Questions and Answers about Davis-Bacon: Protecting the American Standard of Living," http://www.bctd.org/political/davisbacon/pdfs/db_questions.pdf.
[437] Surface Transportation Assistance Act of 1982, Pub. L. No. 97-424, § 165, 96 Stat. 2097, 2136-2137 (1983).
[438] See An Act to apportion certain funds for construction of the National System of Interstate and Defense Highways for fiscal year 1985 and to increase the amount authorized to be expended for emergency relief under Title 23, United States Code, and for other purposes, Pub. L. No. 98-229, § 10, 98 Stat. 55, 57 (1984); and Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102-240, § 1048, 105 Stat. 1914, 1999-2000 (1991).
[439] See 128 D.C.R. H8985 (Dec. 6, 1982).
[440] 23 C.F.R. §635.410 (2003).
[441] Isaiah J. Poole, "Transportation Money Comes with Strings," CQ Weekly, April 10, 2004, 851.
[442] Ibid.
[443] See 23 C.F.R. §§1.23(c), 645.401, 710.405, and 710.407 (2003).
[444] See 23 C.F.R. §645.111 (2003).
[445] See 23 C.F.R §710.401. et seq. (2003).
[446] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 21.
[447] U.S. General Accounting Office, Disadvantaged Businesses: Critical Information Is Needed to Understand Program Impact, (GAO-01-586), June 2001. 36. http://www.gao.gov/new.items/d01586.pdf.
[448] Ibid.
[449] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 17.
[450] Ibid.
[451] Ibid.
[452] National Council for Public Private Partnerships, AECOM CONSULT, and Parsons Brinckerhoff, Ltd., Partnerships in Transportation Workshops, Final Report prepared at the request of the Federal Highway Administration, March 17, 2004, 10.
[453] Ibid.
[454] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 17.
[455] Ibid.
[456] Karen J. Hedlund, The Case for Tax-Exempt Financing of Public-Private Partnerships, 1998, 4. http://www.reason.org/HEDLPDF.PDF.
[457] Transportation Equity Act for the 21st Century, Pub. L. No. 105-178, §1307, 112 Stat. 107, 229-231 (1998).
[458] 67 Fed. Reg. 75902 and 23 C.F.R. pt. 636 (2003).
[459] 66 Fed. Reg. 53288, October 19, 2001.
[460] Nancy C. Smith, "A Critique of FHWA's Proposed Draft Design-Build Regulations," Public Works Financing, November 2001, 1.
[461] 23 C.F.R. §§636.211 and 636.302 (2003).
[462] 23 C.F.R. §636.109 (2003).
[463] Apogee Research, Inc., Implications of Change in Procedures and Laws to Advance Public-Private Partnerships, prepared at the request of the Federal Highway Administration , (FHWA-PL-95-026), April 30, 1995, 25.
[464] Ibid.
[465] Apogee Research, Inc., Summary of the Federal Highway Administration's Symposium on Overcoming Barriers to Public-Private Partnerships, prepared at the request of the Federal Highway Administration, (FHWA-PL-94-026), May 1994, 17-18 and 25.
[466] 5 U.S.C. §552(b) (2004).
[467] 5 U.S.C. §552(b)(4) (2004).
[468] 49 C.F.R. §7.17 (2003).
[469] FOIA Advocates Web site, "State Public Record Laws," http://www.foiadvocates.com/records.html.
[470] Ibid.