My issue with the Transmission Gully PPP

Whether or not transport public-private partnerships (PPPs) are a good idea has once again reared its head in recent times – due to discussion about the Transmission Gully project near Wellington. The Transmission Gully project (which is a decidedly dodgy project regardless of how it’s funded) will cost around $1 billion to build, but because the construction will be done through a PPP the amount of money that will eventually be paid by NZTA is more like $3 billion.

This is what the Green Party noted, after a Select Committee meeting where the figures were discussed:

NZTA head Geoff Dangerfield conceded at the Transport and Industrial Relation Select Committee that it would cost the Government $1 billion to build the Transmission Gully motorway, but that service payments under the preferred PPP approach will be triple that over a twenty five year timeframe.

“The Government is locking tax payers into long-term payments for an expensive and unnecessary motorway that will be very profitable for the private consortium building it,” said Green Party transport spokesperson Julie Anne Genter.

“Public-Private Partnerships are just an expensive form of borrowing, and borrowing to build an uneconomic highway is an irresponsible use of taxpayer money.

In response, the NZ Council for Infrastructure Development last week highlighted that the much larger figure needs to be taken in context to reflect the inclusion of financing costs and maintenance of the motorway, as well as the level of risk taken on by the private partner:

The benefit under a PPP contract is that, in so far as possible, risk is assessed up front and allocated to the party that is in the best position to manage the risk. When risk is not assessed correctly the party making a mistake is the party that pays for it.

“This is exactly what we have seen in Australia, where several PPPs have underestimated the risk that traffic demand will not be as good as expected. A common misconception is that these PPPs have failed. In fact the opposite is true. In passing demand risk onto private parties, the government, and the tax payer, have not had to carry this cost. It has almost fully fallen on the investors and the financiers who have put their money at risk. Under conventional procurement, we often don’t see these sorts of failures accounted for because the tax payer’s deep pockets keep poorly designed projects afloat and hide the real costs to taxpayers.

“Limited Knowledge also plagues understanding about the total costs of PPPs. In the case of Transmission Gully, it is easy to make headlines by saying the total cost of the project will be three times its $1billion construction cost.

“Again, what is poorly understood is what that $3 billion represents. It includes the cost of construction plus the operation and maintenance of the motorway over 30 years plus repayment of debt plus interest and transfer of construction and operating risk to the private sector. Cost blow-outs or failures do not sit with tax payers and if the road is not open and to standard every day for 30 years, the public withholds payments. The PPP will only proceed if a successful private sector bid to design, build, finance, maintain and operate the new road provides a better overall outcome than more traditional procurement methods.

“This will require bidders to develop innovative solutions to constructing and maintaining the road for the duration of the 30 year concession period, and beyond, maximising the value for every dollar spent.

“Although debt funding will incur capital and interest repayments into the future, the benefit is that people using the corridor in the future will also contribute to its cost.

“The purchase of a home provides a helpful analogy to understanding the structure of a PPP. Before you even bid at an auction or build a home, you may well spend several thousand dollars on lawyers, builders reports, designers, bank loan applications and engineers. These are comparable to the $60 million on Transmission Gully, with the notable exception that the upfront costs for Transmission Gully include sophisticated analyses which must always show that the public is getting best value for money, or the project does not proceed as a PPP.

“After you’ve bought your house, as any homeowner knows, the spending doesn’t stop. Sometimes you find there’s something wrong that needs fixing. That risk sits with you, which is why smart buyers pay for builders and inspections before they buy. Then there are the lawns that need mowing, the drains that need clearing, the repaint, the new roof, a replacement hot water cylinder and all that sort of thing.

“Once you collate all these expenses and add them to the debt repayment over 30 years, whatever you have in total paid for your house looks nothing like the figure you paid for the home. This is the equivalent of the $3 billion figure associated with the Transmission Gully project.

I understand the logic behind borrowing for infrastructure investment – even if it means that you end up paying much more for the project in the form of long-term repayments. This means that those who benefit from the project end up paying for it and can smooth out the cost of paying for large pieces of infrastructure. It’s essentially a larger form of buying your house with a mortgage.

However, it’s pretty easy to borrow money without needing to involve a private partner. Furthermore public agencies are generally able to borrow at lower interest rates than the private sector so there’s actually a disadvantage from the beginning from going with a private partner – if you set the issue of risk aside. And it is that issue of risk that becomes clearly the important issue here: as NZCID note the failed Australian PPPs aren’t actually failures in terms of the public partner, they have actually been quite successful in getting the piece of infrastructure built and it’s the private sector which has worn the messy results of terrible demand risk estimates.

The failure of Australian PPPs on the demand risk issue (i.e. projecting far higher traffic demand than what actually eventuated – a familiar story!) has had a huge impact on the structure of transport PPPs, with the Transmission Gully PPP being structured in a way that doesn’t actually transfer any of the demand risk onto the private sector. In effect, it sounds like NZTA will pay the private partner a set fee each year regardless of how many people actually use the road.

In effect this leaves the only risk for the private partner to take on being related to standard things like construction and maintenance. As far as I know these are things which NZTA already undertakes a lot of ‘risk-sharing’ on – which might sit behind why it’s incredibly rare for motorway projects these days to go over budget.

So to summarise I can’t actually understand what the advantage is from having Transmission Gully as a PPP if there isn’t going to be any demand risk in the deal allocated to the private sector. NZTA might as well just borrow the money themselves at a much lower rate, cut out the middle-man of the PPP’s private partner and undertake a normal risk-sharing arrangement in the construction and operation of the road itself. Of course an even better thing to do would be to simply not build the road because it’s a stupid waste of money – but the PPP arrangement seems to be turning a stupid waste of money into a REALLY BIG stupid waste of money, for pretty much no gain whatsoever (except to the private partner who basically gets a risk-free investment at the taxpayer’s cost).

Transmission Gully PPP discussed in Parliament

Yesterday in Parliament Julie Anne Genter asked Bill English about the PPP that is going to be used for Transmission Gully. I think the thing I am most concerned about from the answers is just how little he appears to know about the deal, something you would think he would have a good understanding of due to being the minister of finance.

Did the NZTA just admit they are incompetent

Last week the NZTA and government announced that they were going to build Transmission Gully using a PPP and in the process seem to either shovelled a whole pile of ideological crap or admitted they are completely incompetent at the one thing we thought they seemed good at, building roads. To see why that is the case, first you need to look at the details of the project and the PPP so lets start with those. The project according to the NZTA:

Transmission Gully, which links MacKays Crossing in the north with Linden in the south, is a 27km section of the 110-km Wellington Northern Corridor Road of National Signficance, which is being developed as a four-lane expressway from Wellington Airport to Levin to enable economic growth, improve road safety and reduce traffic congestion.

Now they make it sound like its a great project but it isn’t all pretty flowers and butterflies. The reality is that despite being talked about for decades, there is a reason it hasn’t been built up until now and that is because it will be incredibly difficult to do due to things like the terrain and geological conditions, as such the project isn’t going to be cheap with this section alone coming in at around $1 billion. It also hasn’t performed well in economic tests with the last BCR seen for it having a result of 0.6 although I have heard rumours that it is even less than that. The short version is that section is clearly in the c”we should not be building this” category. But the NZTA are of course proceeding with it, most likely because their political masters told them to.

So what about the PPP, heres what the NZTA has to say:

The NZTA will use an availability and performance-based contract, which means the PPP consortium will be paid for making the road available to traffic when they have achieved specified performance levels. Payments are not linked to the volume of traffic using the road. An availability PPP contract is more attractive to potential consortium partners as it removes demand risk. As a result, availability contracts offer greater potential of delivering value for money for the government.

What that effectively means is the private company will finance, build and maintain the road and the NZTA will pay them an annual fee for doing so. In other words it is just a form of lending that allows them to keep the debt off the books. Currently all roads are paid for using PayGo where we pay for the project in full up front. Now I don’t mind using debt to pay for projects as in many ways the benefits of particularly these large projects will be felt more in the future than now however it is the use of a PPP for the debt that I do have an issue with. That is because there is simply no way that the private companies can lend the money at rates as cheap as the government can so in an effort to keep debt off the governments books, we as a society end up paying more.

Even the NZTA seem to acknowledge this but give this answer, which seems straight out of the Act party, to the issue,

Although the cost of capital is higher for the private sector than for the government, this cost differential can be offset through private sector innovation and efficiencies in design, construction, operation and risk management. In other words, private sector efficiencies can outweigh the higher private sector cost of capital.

Putting private sector capital at risk is an incentive for the PPP consortium to deliver optimal whole-of-life performance and innovation. Typically, the larger the project the greater the ability for private sector innovation and efficiencies to offset the capital cost differential.

They also say

The NZTA will only proceed with a PPP if it offers a value for money proposition that betters the cost of traditional public sector procurement.

The additional private sector finance costs on a $1 billion project over 25 years are going to add up to hundreds of millions of dollars. It seems to me that they are suggesting that their traditional competitive tendering processes are so bad that we are paying hundreds of millions extra for projects than we need to. If so then those running these tender processes should be shown the door this afternoon. Personally I don’t believe they could be that bad and as such think that the agency is effectively shovelling a load of of ideological crap. It is the crap that says the private sector is always better and more efficient at everything.

This isn’t the only thing with this issue though. One of the points of financing this project through debt is that it reduces the current demands on the NLTF by $1b. We already know that the NZTA has been struggling to pay its bills and even had to get some temporary financial help from Auckland a while ago so what are they going to do with the money that had previously been earmarked for Transmission Gully? Well they will pour it into other state highway projects, including other parts of the Wellington RoNS, to get them going faster.

Really this PPP decision is about the government trying to load up as many road projects as possible to prevent them from being stopped in the future. Further by doing this, all transport capital will be so tied up for so long into the future it will help to make it difficult for any future government to really do much. You really have to wonder if this is the part of last hurrah when it comes to motorway building.