Are There Any Fatal Flaws?

Stakeholder support is a key hurdle to clear, but others lie ahead. How will the conceived project relate to the existing transportation plan for the region? Clearly a project included in the plan offers a level of support that a new project would have to build over time. Not that it is impossible to get the support needed for a new project, but rather it is an additional risk to be weighed - and priced. Does the conceived project improve on what is in the transportation plan, by accelerating the project, reducing property takes, or improving the overall features of the project?

Is the project environmentally cleared, or is it capable of getting there? In what time frame? Will the project attract environmental support or opposition? Environmental risk and timing of approvals is key to a PPP project's viability. Do process streamlining opportunities exist?

Table 1 shows some of the opportunities that exist in the environmental area as a result of SAFETEA-LU. Similar types of opportunities must be explored at the state level.

Table 1. SAFETEA-LU Environmental Provisions

  Sec. 325. State assumption of responsibilities for certain programs and projects

-  States may assume the responsibilities of the Secretary under any Federal laws subject to the requirements of this section.

  Projects funded under section 104(h).

  (h) Recreational Trails Program

  Transportation enhancement activities under section 133

-  Pilot program limited to five states in first 3 years

  Sec. 326. State assumption of responsibility for categorical exclusions

-  State may assume, responsibility for determining whether certain activities are categorically excluded from requirements for environmental assessments or environmental impact statements

  Sec. 327. Surface transportation project delivery pilot program

-  State may assume responsibilities of the Secretary with respect to one or more highway projects within the State under the National Environmental Policy Act

  including all or part of the responsibilities for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of a specific project

  Sec. 139. Efficient environmental reviews for project decision making

An acceptable environmental and planning framework now sets the stage to refine back of the envelope estimates with an eye to developing the preliminary financing plan for the project.

Figure 4 shows the process for determining whether any fatal flaws would prevent the project from going forward.