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Lessons from Australia MTI Report 09-15MTI Report MTI Policy IssuesPolicy in U.S. Transportation Public-Private Partnerships Policy Issues in U.S. Transportation Funded by U.S. Department of Public-Private Partnerships: Transportation and California Department of Transportation Lessons from Australia MTI ReportMTI 09-15 MTI Report 09-15 July 2010 MINETA TRANSPORTATION INSTITUTE MTI FOUNDER Hon. Norman Y. Mineta The Norman Y. Mineta International Institute for Surface Transportation Policy Studies (MTI) was established by Congress as part of the Intermodal Surface Transportation Efficiency Act of 1991. Reauthorized in 1998, MTI was selected by the U.S. Department of Transportation through a competitive process in 2002 as a national “Center of Excellence.” The Institute is funded by Con- MTI BOARD OF TRUSTEES gress through the United States Department of Transportation’s Research and Innovative Technology Administration, the Califor- nia Legislature through the Department of Transportation (Caltrans), and by private grants and donations. Honorary Co-Chair Rebecca Brewster Steve Heminger Stephanie Pinson Hon. James Oberstar ** President/COO Executive Director President/COO American Transportation Metropolitan Transportation Gilbert Tweed Associates, Inc. The Institute receives oversight from an internationally respected Board of Trustees whose members represent all major surface Chair House Transportation and Research Institute Commission New York, NY transportation modes. MTI’s focus on policy and management resulted from a Board assessment of the industry’s unmet needs Smyrna, GA Oakland, CA Infrastructure Committee Hans Rat and led directly to the choice of the San José State University College of Business as the Institute’s home. The Board provides House of Representatives Donald H. Camph Hon. John Horsley # Secretary General policy direction, assists with needs assessment, and connects the Institute and its programs with the international transportation Washington, DC President Executive Director Union Internationale des California Institute for community. American Association of State Transports Publics Technology Exchange Honorary Co-Chair Highway & Transportation Bruxelles, Belgium ** Los Angeles, CA MTI’s transportation policy work is centered on three primary responsibilities: Hon. John L. Mica Officials (AASHTO) Ranking Member Washington, DC Vickie Shaffer Anne P. Canby House Transportation and General Manager President Infrastructure Committee Joseph Boardman Tri-State Transit Authority Surface Transportation President/CEO Huntington, WV Research House of Representatives Policy Project Amtrak MTI works to provide policy-oriented research for all levels of of Transportation, MTI delivers its classes over a state-of- Washington, DC Washington, DC 60 Massachusetts Ave., N.E. Paul Toliver # government and the private sector to foster the development the-art videoconference network throughout the state Washington, DC 20002 President David L. Turney * Jane Chmielinski of optimum surface transportation systems. Research areas of California and via webcasting beyond, allowing working New Age Industries Chair/President/CEO President DMJM Harris Will Kempton Seattle, WA include: transportation security; planning and policy develop- transportation professionals to pursue an advanced degree Digital Recorders, Inc. Director ment; interrelationships among transportation, land use, and the regardless of their location. To meet the needs of employ- Dallas, TX New York, NY California Department of Michael S. Townes # environment; transportation finance; and collaborative labor- ers seeking a diverse workforce, MTI’s education program Transportation President/CEO William Dorey management relations. Certified Research Associates conduct promotes enrollment to under-represented groups. William W. Millar ^ Sacramento, CA Transportation District President/CEO the research. Certification requires an advanced degree, gener- Vice Chair/President Commission of Hampton Roads American Public Transportation Granite Construction, Inc. ally a Ph.D., a record of academic publications, and professional Brian Macleod Hampton, VA Information and Technology Transfer Association (APTA) Watsonville, CA Senior Vice President references. Research projects culminate in a peer-reviewed Washington, DC MTI promotes the availability of completed research to Gillig Corporation Edward Wytkind Mortimer Downey publication, available both in hardcopy and on TransWeb, the professional organizations and journals and works to Hayward, CA President Hon. Rod Diridon, Sr. # Chairman MTI website (http://transweb.sjsu.edu). integrate the research findings into the graduate education Transportation Trades Executive Director PB Consult Inc. program. In addition to publishing the studies, the Institute Dr. Bruce Magid Department, AFL-CIO Mineta Transportation Institute Washington, DC Dean Washington, DC Education also sponsors symposia to disseminate research results to San Jose, CA College of Business The educational goal of the Institute is to provide graduate-level transportation professionals and encourages Research As- Nuria Fernandez San José State University Commissioner education to students seeking a career in the development and sociates to present their findings at conferences. The World Ronald Barnes San José, CA General Manager City of Chicago, Department of Aviation, ** Honorary operation of surface transportation programs. MTI, through San in Motion, MTI’s quarterly newsletter, covers innovation Veolia Transportation/East * Chair José State University, offers an AACSB-accredited Master of Sci- in the Institute’s research and education programs. MTI’s Valley RPTA Chicago, IL ^ Vice Chair # ence in Transportation Management and a graduate Certificate extensive collection of transportation-related publications Mesa, AZ Past Chair in Transportation Management that serve to prepare the nation’s is integrated into San José State University’s world-class transportation managers for the 21st century. The master’s de- Martin Luther King, Jr. Library. Directors Research Associates Policy Oversight Committee gree is the highest conferred by the California State University system. With the active assistance of the California Department Hon. Rod Diridon, Sr. Asha Weinstein Agrawal Ron Sylvia Executive Director Urban and Regional Planning Political Science Dr. Karen E. Philbrick Joe Giglierano Taeho Park Research Director Marketing and Decision Science Organization and Management DISCLAIMER Dr. Peter Haas Dr. Jan Botha Diana Wu The contents of this report reflect the views of the authors, who are responsible for the facts and accuracy of the information presented here- MTI Director Professor, Dept. of Civil & Research LIbrarian in. This document is disseminated under the sponsorship of the U.S. Department of Transportation, University Transportation Centers Program Environmental Engineering Martin Luther King, Jr. Library San José State University San José State University and the California Department of Transportation, in the interest of information exchange. This report does not necessarily reflect the official Donna Maurillo Communications Director views or policies of the U.S. government, State of California, or the Mineta Transportation Institute, who assume no liability for the contents or use thereof. This report does not constitute a standard specification, design standard, or regulation. MTI Report 09-15 POLICY ISSUES IN U.S. TRANSPORTATION PUBLIC-PRIVATE PARTNERSHIPS: LESSONS FROM AUSTRALIA July 2010 David Czerwinski R. Richard Geddes a publication of the Mineta Transportation Institute College of Business San José State University San José, CA 95192-0219 Created by Congress in 1991 TECHNICAL REPORT DOCUMENTATION PAGE 1. Report No. 2. Government Accession No. 3. Recipients Catalog No. CA-MTI-10-2807 4. Title and Subtitle 5. Report Date Policy Issues in U.S. Transportation Public-Private Partnerships: July 2010 Lessons from Australia 6. Performing Organization Code 7. Authors 8. Performing Organization Report No. David Czerwinski and R. Richard Geddes MTI Report 09-15 9. Performing Organization Name and Address 10. Work Unit No. Mineta Transportation Institute College of Business San José State University 11. Contract or Grant No. San Jose, CA 95192-0219 DTRT07-G-0054 12. Sponsoring Agency Name and Address 13. Type of Report and Period Covered Final Report California Department of U.S. Department of 14. Sponsoring Agency Code Transportation Transportation Sacramento, CA 94273- Office of Research—MS42 0001 Research & Special Programs Administration P.O. Box 942873 400 7th Street, SW Washington DC 20590-0001 15. Supplementary Notes 16. Abstract In this report, the authors examine Australia’s experience with transportation public-private partnerships (PPPs) and the lessons that experience holds for the use of PPPs in the United States. Australia now has decades of experience in PPP use in transportation, and has used the approach to deliver billions of dollars in project value. Although this report explores a range of issues, the authors focus on four policy issues that have been salient in the United States: (1) how the risks inherent in PPP contracts should be distributed across public and private sector partners; (2) when and how to use non-compete (or compensation) clauses in PPP contracts; (3) how concerns about monopoly power are best addressed; and (4) the role and importance of concession length. The study examines those and other questions by surveying the relevant literature on PPP international use.
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