United States Environmental Protection Agency Administration and Resources Management (PMr225) July 1989 Public - Private Partnerships (P3) Strategy PUBLIC- PRIVATE PARTNER SHIPS Printed on Recycled Paper ------- &EPA Why Public-Private Partnerships? A Message from the Assistant Administrator Few would deny that we have made progress in environmental protection. As a society, we have made numerous commitments and huge investments in bringing pollution under control, and in reducing the assaults on our air, water and land. Our air and water are measurably cleaner, and our landfills controlled. But this country is not ready to put the brakes on environmental progress. Congress, responding to public interest and concern for the environment, has authorized significant new requirements which we, as a nation, must meet together. But a second trend of recurrent Federal budget deficits, changes in our tax laws, and resultant increasing demands on States and localities in all service areas has sharply li mi ted traditional funding sources. Inevitably, environmental and fiscal trends have collided. And now, our cities face the expensive problem of complying with new regulations while their environmental infrastructure is aging, compounding the already difficult choices about how to allocate limited resources. Quite frankly, we are facing a situation that jeopardizes the future of our environmental protection agenda. So what is EPA doing about this situation? We realized we needed to alter the way we do business at EPA. Searching for solutions, we became aware of a few examples where forward-thinking communities had managed to bring private sector resources and ingenuity into play in meeting their environmental obligations. For these reasons, we decided to launch an effort to encourage public-private partnerships. Our goal is a simple one-to increase private sector participation in advancing environmental protection to the level citizens of this country are demanding. As providers of environmental services, local communities, especially small ones, are the focal point for the Public-Private Partnerships initiative. The Strategy Document we have prepared lays out the critical objectives, products, activities and roles of the partners, to ensure viable public-private partnerships are established. This is not solely a document for EPA, but suggests roles for other players as well. We would like to hear from you and solicit your ideas and suggestions on our Public-Private Partnership strategy. Our initiative is now up front on the public agenda. Every day we hear from new state officials, financial groups, and others who have become aware of our objectives and want to know what they can do to help. By joining forces, together we can meet the environmental financing challenges that we face. Assistant Administrator ------- ------- ------- P3 Strategy Document Executive Summary Purpose The main purpose of this Document is to give an overview of EPA's Public-Private Partnerships initiative. It identifies the objectives, ac- tivities, products, and time frames to implement this initiative. It also suggests the roles and activities of public, private, and non- profit participants within that initiative. Background Needs and expectations for environmental protection are growing, while budgetary constraints and changes in Federal tax laws are limiting traditional funding sources. Environmental legislation reauthorized or proposed by Congress in recent years place signifi- cant additional resource requirements on States and communities, increasing their infrastructure and administrative costs. Increasing demands in all service areas, environmental and other, place addi- tional burdens on States and local communities to come up with the resources to cover their needs. The resulting strain on public re- sources jeopardizes past, present, and future environmental im- provements. Agency-wide Initiatives EPA has developed several Agency-wide initiatives designed to bridge the gap between requirements and available resources; to promote greater cooperation between EPA, the environmental and private community; and to encourage the use of innovative tech- nologies. These include: Public-Private Partnerships Alternative Financing Technology Transfer/Cooperative Environmental Management Technology Development Legislative/Regulatory Flexibility Pollution Prevention Public-Private One initiative in particular, Public-Private Partnerships (P3)/ is re- Partnerships Initiative ceiving strong Agency and public support as a means of addressing the environmental funding problem. A public-private partnership exists if the public and private sectors share responsibility for pro- viding environmental public works. EPA is focusing on establishing partnerships in drinking water, wastewater treatment, and solid waste at the local level, with particular emphasis on small commu- nities. ------- P3 Objectives The Public-Private Partnerships initiative encompasses the following objectives: Provide national leadership and coordination Determine impediments and incentives Facilitate partnership formation Provide community outreach P3 Products Work is underway on a number of products to meet these P3 objec- tives. The products include: Conferences Self-Help Guides and Videos Legislative/Regulatory Options Paper Case Studies Demonstration Projects Information and Communication Networks Roles and Relationships AH participants play an important role in successful partnerships, of Public-Private ^u* I00*! governments make the final decisions to pursue public- Partner*; P"vate partnership arrangements. As providers of environmental services, local communities, especially small ones, are the focal point for the P3 initiative. The feedback we have received to date sug- gests the following general roles for the participants: EPA: Coordinator and Facilitator EPA will provide national coordination, leadership, and policy development of the P3 initiative's strategy and activities. State Government: Marketer State governments can help encourage and support the forma- tion of public-private partnerships in local communities. Local Government: P3 Implementers and Users Local communities are the primary users and decision-makers in the public-private partnership process. They must plan for environmental programs and how to fund them. To meet their growing infrastructure and environmental service needs, com- munities will need to pursue alternatives to traditional service and funding arrangements. Private Sector: Partner in the Delivery of Environmental Services Business and banking interests can offer financial and technical expertise as well as provide the service arrangements of an envi- ronmental infrastructure project. ------- Non-Profit Sector: Associations, foundations, academia, and environmental groups Contributor of provide expertise and support for communications, awareness, P3 Information/Expertise and outreach to the public. The relationship of participants in public-private partnerships is precisely that of a partnership. They are partners in the provision of services to protect public health and the environment. This Document presents a thinking strategy to encourage an open and ongoing dialogue on how to carry out the P3 initiative. ------- P3 Strategy Document Table of Contents Page Title / Executive Summary 1 Introduction/Background A. Environmental Financing Challenge B. Creative Solutions Are Necessary 5 The Public-Private Partnerships Initiative 5 A. The Need for Public-Private Partnerships 5 B. What Is A Public-Private Partnership? 6 C. Types of Public-Private Partnerships 7 D. The Partnerships Initiative: The Process 7 E. The Partnerships Initiative: Objectives 9 F. The Partnerships Initiative: Essential Products 13 G. The Partnerships Initiative: Timetable 14 H. The Roles of the Partners in the Initiative 17 I. The Relationships of the Participants 18 J. For More Information Appendices 19 Appendix 1: Acronyms 21 Appendix 2: Agency Initiatives to Manage and Meet the Environmental Challenges 27 Appendix 3: EPA Contacts List 29 Appendix 4: Suggested P3 Activities of EPA Offices List of Exhibits 2 Exhibit 1: Actual and Projected Local Government Expenditures (1981 - 2000) 4 Exhibit 2: Summary of Major Initiatives to Manage and Meet Environmental Challenges ------- Page Title List of Exhibits (Continued) 6 ExhibitS: Types of Partnerships 7 Exhibit 4: The Partnership Process 8 Exhibit 5: Public-Private Partnerships Initiative: Objectives and Products 12 Exhibit 6: 1989 Regional Conferences 13 Exhibit?: Building Public-Private Partnerships: Products and Implementation Schedule 18 Exhibit 8: EPA Working with the States, Local Governments, and the Private and Non-Profit Sectors to Build Public-Private Partnerships ------- ------- P3 Strategy Document Introduction/Background A. Environmental Financing Challenge Environmental challenges are greater and traditional funding sources more limited Local spending for environmental services will increase dramatically Over the past 20 years, billions of dollars have been spent by govern- ments, industry, and the public, to build an environmental infra- structure that protects the integrity of our nation's air, water, land, and natural resources. The results are impressive, but our work is not complete. New, tougher, and more complex regulations will require additional infusions of capital during a period when govern- ments are struggling to adjust to the maintenance and replacement costs of an aging infrastructure. At the same time, traditional funding sources have become limited due to budgetary constraints, changes in the tax laws, and increasing demands on States and localities in all service and operating pro- gram areas. The new state of affairs reflected in legislation such as the Gramm-Rudman-Hollings bill means we can no longer rely on the Federal purse to pay for as great a share of environmental pro- tection as it has in the past. This shift of financial responsibility to states and local communities from the Federal government is part of what we know as the "New Federalism", and mis trend will likely continue. It is no surprise that recent studies point to a severe shortfall in public resources available to finance future environmental improve- ments, especially at the local level. For local communities, the cost of environmental expenditures will rise dramatically. (See Exhibit 1). In 1987, local spending cm envi- ronmental services was $32.6 billion. To maintain this level of envi- ronmental and service standards, an additional $15.8 billion will be needed annually by the year 2000. Furthermore, costs associated with new regulations are estimated to reach $5.3 billion by the year 2000. This conservative estimate reflects only a portion of the costs of federal environmental regulations that will take effect over the next five to ten years, none of the environmental programs envi- sioned by Congress beyond 1987, and none of the growing number of new state or local environmental mandates. At the state level, the EPA Office of Water projects a state funding shortfall of approximately $309 million in 1995. A recent FJ>A study suggests that by the year 2000, states will have to spend more than twice the amount spent in 1987 to administer their water programs. This represents the cumulative effect of the many new statutory drinking and surface water requirements coupled with the diminish- ing federal funds that partially support ongoing state surface water quality programs. ------- Actual and Projected Local Government Expenditures (1981 - 2000) -\iIiiiiiiiiiiir 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 Fiscal Year $5.3Hton AddBonal local apendng to comply with new envi'onniontal standards $15.8Hlon AdoJBonal local government spendng to maintain current level of environmental quafty Exhibit 1 Source: Apogee Research, Inc. The Cost of Environmental Protection Draft Report, 1989. B. Creative Solutions Are Necessary Failure to act to reduce the growing difference between needs and resources may result in losing the environmental gains we have al- ready realized. The growing costs of environmental protection require a reexamina- ^on °^ ^ow me nation finances and pays for such investments. The difference between current and future needs and current spending dearly calls for more innovative approaches, especially at the local level. We need to take a fresh look at our requirements as well as the financing and management options available to meet them. With these issues in mind, EPA has developed several initiatives to encourage the institutional and policy changes required to meet these challenges. ------- The initiatives include: Public-Private Partnerships Alternative Financing Technology Transfer/Cooperative Environmental Management Technology Development Legislative / Regulatory Flexibility Pollution Prevention Exhibit 2 identifies the goals, activities, responsible EPA offices, and other main participants for each initiative. An explanation of all acronyms is given in Appendix 1. The remainder of this Document is a workplan for the first initia- tivePublic-Private Partnerships. It defines these partnerships; describes the types of partnerships; and specifies the activities, products, players and suggested roles, and the timing necessary to implement the initiative. For additional information on the other five initiatives, see Appen- dix 2. This appendix consists of more detailed narratives on these initiatives. ~ ------- Exhibit 2 Summary of Major Initiatives to Manage and Meet Environmental Challenges INITIATIVE Public-Private Partnerships Alternative Financing Technology Transfer Technology Development Legislative/ Regulatory Flexibility Pollution Prevention MAIN GOAL Increase private sector involvement in environmental infrastructure Promote greater use of financing mechanisms other than general appropriations or federal grants Facilitate coooperative environmental manage- ment among industry and academia Stimulate development of cost-effective technologies Promote greater flexibility of Congressional and State legislation and EPA regulations Promote an integrated approach to stressing prevention FOCUS/ AUDIENCE Local governments, especially small communities Local infrastructure needs and state and Federal administrative costs Business and industry State and local communities Industry Federal and State legislation States and industry MAJOR ACTIVITIES Develop partnership options Find success stories Identify impediments Implement community outreach Demonstration projects Implement SRFs, other AFMs Hold OW conferences Survey states (NGA) Expand use of SRFs and AFMs to other programs Analyze user fee feasibility and implement in various programs Provide tools and information (OTTRS & CERI) Enhance IPA program Expand communication networks Disseminate technical information Technology Advisory Board (NACETT) Utilize EPA Training Institute Implement Technology Transfer Act Develop and evaluate control technologies Establish National Environmental Technology Applications Corp. (NETAC) Evaluate and review legislative/ regulatory impediments and incentives Develop legislative/regulatory options Regulatory Rexibility Act Produce Agency policy statement Support and develop Regional, State, and local pollution pre- vention programs Supply tools to prevent pollution Target opportunities and identify incentives Evaluate progress of pollution prevention EPA LEAD OARM OARM OW OPPE OCEM ORD OEA OPPE OPPE OTHER EPA OFFICES Regions OPPE, OCEM Program Offices ORD OCEM OPPE Program Offices ORD ORD Program Offices OARM OPPE OCEM OARM Program Offices ORD Program Offices ------- P3 Strategy Document The Public-Private Partnerships Initiative A. The Need for In light of the serious budget constraints facing Federal and State Public-Private governments, EPA believes that public-private partnerships have Partnershivs 8reat potential to help meet the growing environmental and re- source challenges facing this country in the 1990's and beyond. Greater private involvement can increase public resources available for environmental protection in at least two ways. Private sector involvement can lead to greater efficiency First, properly designed and executed partnerships can provide improved environmental services at the lowest cost to the pub- lic. Second, private equity arrangements can free State and munici- pal resources for other investments. In both cases, the involvement of the private sector can lead to im- provements in efficiency that may not otherwise accrue under strict public provision of services. These efficiencies can lower the envi- ronmental protection and compliance costs absorbed by the public. As a result, municipal revenues may be freed for providing other public services. B. What is a Public- Private Partnership? A public-private partnership is a contractual relationship between a public and private party that commits both to providing an environ- mental service. Partnership Activities The public-private partners generally share responsibility for any one or more of the following activities: Decision to provide an environmental service in a community. Financing the project using public and/or private financing. Designing and/or constructing the facility. Operating and maintaining the facility or service. EPA's focus is on establishing public-private partnerships at the local level, especially in drinking water, wastewater treatment and solid waste. Particular emphasis is placed on the needs of small communities. ------- C. Types of The types of partnerships that have evolved are a result of who does Public-Private w^at with respect to the activities that have just been described. The Partnershivs c^iart below identifies five types of partnerships which are arrayed in " the chart from partnerships with least private involvement to most private involvement. Types of Partnerships Least Private Involvement Contract Services Turnkey Facity Developer Financing Privatization Merchant Facility Most Private Involvement Exhibit 3 Partnership Definitions The key features of each of these types of partnerships is as follows: Contract Services. In this type of partnership, the private sector is contracted to provide a specific municipal service, such as garbage collection or to maintain and operate a facility such as a waste treatment facility. The facilities are owned by the public sector. Turnkey Projects. In this type of arrangement the private sector designs, constructs, and operates an environmental facility. The facility is still owned by the public sector. Developer Financing. In this type of arrangement, the private sector (usually private developers) finances the construction or expansion of an environmental facility in return for the right to build houses, stores, or industrial facilities. Privatization. In this type of public-private partnership, the private sector owns, as well as builds and operates the facility. They also partially or totally finance the facility. ------- Merchant Facilities. In this type of arrangement, the private sector makes a business decision to provide an environmental service to a community with the expectation that they will make a profit from the services provided. In merchant facilities not only does the private sector own and operate the facility as in privatization deals, they also make the decision to provide an environmental service to a community. Municipalities determine As you move toward more private involvement a number of things appropriate level of happen: private involvement The private sector invests more of its funds. The private sector assumes more of the risk for the effective operation of the facility. On the other hand, the greater the private involvement the less control the municipality has over the delivery and cost of the service. In deciding what kind of partnership is most appropriate, communi- ties have to make tradeoffs between these three factors: private invest- ment, risk, and control. Partnerships have to be tailored to the needs of communities. Certain types of partnerships will work more effectively than others, depending on the requirements and needs of the community. As the Agency proceeds in the implementation of the Public-Private Partnerships strategy, it will investigate and encourage the various types of partnerships as described above. D. The Partnerships The basic process for the P3 initiative, as shown in Exhibit 4 below, is Initiatve: to define a framework involving several key implementation steps. The Process 1****** D^ The Partnership Process Define Structure of the Initiative Complete Activities to Meet Initiative Market Products through Regional Coordinators Establish Networks with State/Local Governments Exhibit 4 E. The Partnerships EPA has identified key Agency objectives that will enhance the roles Initiative: of tne public, private, and non-profit sectors in helping to meet local Objectives enyironmental needs. The objectives are: ------- Exhibit 5 Public-Private Partnerships Initiative: Objectives and Products OBJECTIVE Provide national leadership, and coordination Determine impedi- ments/incentives to public-private partnerships Facilitate partnership formation Community outreach MAJOR ACTIVITIES/PRODUCTS Strategy document Debate document Regional P3 Coordinators Environmental Financial Advisory Board Cost of Environmental Protection Report Review Federal, State and local laws/regulations to identify barriers Analyze partnership barriers and incentives and develop recom- mendations Develop legislative/regulatory options paper Clearinghouse Case studies report Current Public-Private Partnerships Options Self-help guides Self-help videos Demonstration projects Venture Investment Funds Communications strategy Public-Private Partnerships Bulletin Conferences State/Local marketing networks EPA LEAD OARM Regions OARM Program Offices OARM Regions OARM OTHER EPA OFFICES OCEM Program Offices OEA OPPE Program Offices OGC OCEM Regions OEA Program Offices OUTSIDE PARTIES States Localities Business Industry Academia Associations States Localities Business Industry Academia Assocations States Localities Business Industry Academia Associations States Localities Business Industry Academia Associations Note: See Exhibit 5 for EPA's Implementation Timetable 8 ------- Provide a focal point, as well as national leadership and coordi- nation, for public-private partnership activities. Determine the impediments and incentives to partnerships, and develop strategies to alleviate impediments and create incen- tives. Facilitate partnership formation, including identifying viable partnership options that States and communities can use to increase private sector involvement in environmental projects. Provide outreach to communitiessharing with them informa- tion on public-private partnerships and how to arrange them. F. The Partnerships Work on a series of products is underway to meet the Strategy's Initiative: goals and objectives. Exhibit 5 arrays the responsible and partici- Essential Products Patin§ organizations and products for each objective. The products include: Objective 1. Strategy Document. The P3 Strategy will define and frame the Provide national leader- nature of the environmental challenge; briefly outline the initia- ship and coordination ti ve* *e A^^ ta^ng to. address this cuhallen§e' .fesent a r workplan to build public-private partnerships; specify activities, products, and the timing necessary to carry out the plan; and suggest roles and activities that EPA, State and local govern- ment, and the private and non-profit sectors can pursue in order to implement the initiative. The Debate Document. The Debate Document is a compilation of essays written by national leaders reflecting their thoughts on the impending threat to our environmental infrastructure and on creative solutions to address this challenge. This document will provide the theoretical basis for the initiative and will be the centerpiece of an ongoing debate over the policies which will guide EPA and state activities in the years to come. Regional P3 Coordinators. The Regional P3 Coordinators are contact persons within EPA's Regional Offices who will coordi- nate implementation of the Public-Private Partnerships initiative in the regions. These individuals will take the lead in planning and carrying out the regional portion of the effort, such as con- ducting regional conferences, working with State legislators to identify regulatory and legislative barriers and incentives to partnerships, and identifying success stories where partnerships have worked within their region. Environmental Financial Advisory Board. The Board is a nationally recognized, authoritative body of senior executives drawn from all levels of government, including elected officials; 9 ------- Objective 2. Determine impediments and incentives Objective 3. Facilitate partnership formation the finance and banking community; business and industry; environmental organizations; and academia. This Board will be reflective of local and regional municipal finance matters and have recognized credibility to communities of varying sizes. The Environmental Financial Advisory Board was established through the National Advisory Council for Environmental Tech- nology Transfer. The Cost of Environmental Protection Report. This report documents the costs of environmental protection for all levels of government and sectors of society. The report presents recent trends in expenditures associated with EPA programs and projects future spending patterns. It calculates the gap between environmental needs and the resources currently available to meet these needs. It also identifies types of communities that will have the most difficulty in financing future environmental needs. Legislative/Regulatory Options Strategy. The purpose of this strategy is to develop options for identifying and eliminating possible obstacles and disincentives to the establishment of public-private partnerships for environmental services. A review of legislative and regulatory barriers will be conducted in several distinct phases. The initial phase will focus on prob- lems associated with federal statutes and requirements and will assess the impacts of proposed tax legislation changes on envi- ronmental financing. Upon completion of the first phase/ a review of state and local barriers will be conducted. An options paper will identify the legislative and regulatory strategies that EPA and others should pursue to promote the building of part- nerships. Clearinghouse. The clearinghouse will be an information ex- change maintained by EPA on matters relating to environmental financing, infrastructure development, and public-private part- nerships. Materials include products of the Public-Private Part- nerships initiative, program office publications, and lists of Federal/State/local contacts in relevant areas. Case Studies Report. This report will document a series of successful public-private partnerships in three main areas: drinking water, wastewater treatment, and municipal solid waste management. Current Public-Private Partnerships Options. This report assesses which types of public-private partnerships are viable, given the current regulatory and legislative climate. It also ------- Objective 4. Provide community outreach explores which arrangements are most suitable for specific environmental problems and what the incentives and impedi- ments are in the formation of partnerships. Self-Help Guides and Videos. These materials are designed to provide local officials with the information necessary to imple- ment a partnership. The guides will show how to choose the partnership option that best suits their specific needs and pro- vide detailed step-by-step information on how to structure and implement the partnership agreement. Demonstration Projects. Demonstration projects will serve as models of succesful public-private partnerships to communities. These projects will demonstrate to communities that partner- ships work and benefit both the public and private sectors. EPA will provide grant assistance to a few communities to facilitate the successful formation and development of public-private partnerships. Venture Investment Funds. These funds are EPA monies available for use in public-private partnership demonstration projects. Such money would be a part of the technical assistance provided to State and local officials in structuring specific proj- ects. Communication Strategy. The communication strategy pro- vides a framework for EPA's efforts to raise awareness of the P3 initiative, solicits input from external sources, and encourages participation in meeting P3 objectives. It identifies the different publics important to the success of the P3 initiative and describes how EPA will manage the various working relationships with each major constituency. A key aspect of this strategy is our coordination with other Federal agencies, including the Office of Management and Budget, the Department of Treasury on tax issues, and the Departments of Energy and Housing and Urban Development on the interrelationships of various energy, hous- ing, and environmental financing issues. Due to the ongoing nature of the function, the communication strategy will be reviewed and updated periodically, as required. Public-Private Partnerships Bulletin. The Bulletin is a series of reports to generate dialogue and debate on the many problems, opportunities, and issues that exist in the areas of environmental financing and public-private partnerships. The publication will keep interested individuals informed of EPA activities, the resources available to them, and ideas from others facing similar challenges across the country. ------- Conferences. These forums will bring together, on a national and regional level, interested individuals from all sectors to focus on pertinent environmental financing and infrastructure problems. EPA plans to hold four or five regional conferences per year. They will examine how to establish partnerships most suited to the requirements and conditions of each region in the country. The first conference was sponsored by EPA's Region IV Atlanta office, in April 1989, and focused on solid waste issues. The location and time of the regional conferences are given in Exhibit 6. 1989 Regional Conferences Region 5 TEA 1989 Region 8 TEA 1989 Region 1 TEA 1989 Region 3 June 1989 Region 4 April 1989 Exhibit 6 State/Local Marketing Networks. These networks consist of individuals in State and local governments, professional and trade associations, and business and industry that will receive products, information, and activities relating to the Public- Private Partnerships initiative. 12 ------- G. The Partnerships A number a key activities for EPA's Public-Private Partnerships Initiative: "titiative a*6 now underway. Each of these activities involves the Timetable comPletion of products (described in Section F). Exhibit 7, the Im- plementation Schedule, illustrates the timing of the products. The Schedule covers the first three years of the initiative and identifies short and long-term milestones for work products. Building Public-Private Partnerships: Products and Implementation Schedule Work Product Strategy Document The Debate Document Regional P3 Coordinators Envir. Financial Adv. Board Cost of Environmental Project Legislative/Regulatory Options Clearinghouse/Case Studies Current P3 Options Self-Help Guides/Videos Demonstration Projects Venture Investment Funds Communication Strategy P3 Bulletin Conferences State/Local Market. Network Implementation Schedule FY1989 Jan May Sept FY1990 Jan May Sept FY1991 Jan May Sept ongoing- every quarter ExMbit? 13 ------- H. The Rotes of the The development of public-private partnerships involves support Partners in the ^rom Federal, State, and local government, finance and banking, Initiative ^usmess an<^ industry, academia and foundations, and associations and interest groups. An elaboration of the suggested roles and activities for each participant in the Public-Private Partnerships initiative is described below. EPA'sRole 'Coordinator and Facilitator" Within EPA, its Headquarters and Regional offices will participate in a number of ways in the initiative. EPA Headquarters will provide national coordination, leadership, and policy development of the P3 initiative's strategy and activities. EPA Regional Offices will serve as the contact point and liaison to States and localities, and will be involved in the implementation of the initiative. The Regional Offices play a crucial role in the dissemination of information to States, local governments and the private sector on the P3 initiative. Products to support the initiative will be developed at Headquarters and marketed through the Regional Offices. The EPA Steering EPA has established a Steering Committee and Task Force to pro- Committee and ^de leadership and guidance for the P3 initiative. Appendix 3 lists Task Force me mem^ers °f me Steering Committee and Task Force. EPA's Activities Develop strategy and guidance as needed to implement and coordinate the P3 initiative. Provide direction and assistance to members of the Environ- mental Financial Advisory Board on carrying out the agenda of the Board. Coordinate and develop the environmental financing clearing- house. Provide examples and publish case studies of successful and unsuccessful public-private partnerships. Develop and distribute self-help guides and videos for use by communities in reviewing and implementing the public-private partnership option. Publish, distribute, and contribute articles and viewpoints to the Public-Private Partnerships Bulletin. Take the lead in identifying, developing and implementing public-private partnerships demonstration projects. 24 ------- Develop and use available communication networks to increase the participation of both the public and private sectors in meet- ing the goals of the initiative. Monitor events and projects across the country which may have a bearing on public-private partnerships. Conduct conferences, seminars and meetings for government officials and the private sector to increase awareness of public- private partnerships. Monitor, analyze, and provide recommendations on legislative initiatives and regulations which may influence privatization as well as identify incentives and disincentives to public-private partnerships. State Government Role "Marketer' State governments are the vital links to local communities. In our discussions with States and localities, they have suggested a number of activities which they could pursue to build public-private partner- ships. Hie major suggested role for States is to encourage and sup port localities in the formation of public-private partnerships. Hie States can also serve as contact points between EPA and communi- ties, insuring that localities in need of assistance are brought to the attention of an EPA contact Suggested activities for State govern- ments include but are not limited to: Promote and assist localities in the formation of public-private partnerships. Work with local organizations and EPA to obtain and provide the necessary guidance and information that local communities need to form a public-private partnership. Assist in developing legislative/regulatory options and evaluate and review State regulations and legislation and how they inhibit or promote the formation of public-private partnerships. Contribute State viewpoint articles to the Debate Document and the Public-Private Partnerships Bulletin. Provide input on public-private partnership case studies and provide information for and use the EPA P^ Clearinghouse. Review self-help guides and videos for practical applications and pertinence to local communities needs or requirements. 15 ------- Participate in and co-sponsor regional and State conferences on public-private partnership issues. Participate in the development and implementation of public- private partnership demonstration projects. Local Government Role "P3 Implementers and Users" The role of local communities is most critical in the Public-Private Partnerships initiative. Localities are the primary users and decision makers in the public-private partnership process. Some of the sug- gested activities for local governments include the following: Work with States and EPA in addressing issues of concern to the community on public-private partnerships. Work with States and EPA in implementing public-private partnership demonstration projects. Participate in regional and local conferences on public-private partnership issues. Provide lessons learned on public-private partnerships regard- ing finance, legal, political, technical, or other aspects of the partnership. Review and revise local regulations or laws that discourage the creation or implementation of public-private partnerships. Provide a local viewpoint on barriers and incentives in the formation of public-private partnerships by submitting articles to the Public-Private Partnerships Bulletin. Review, provide recommendations, and use P3 guidance docu- ments, e.g. Self-help guides and videos. Contribute to and use P3 information clearinghouse and case study documentation. Private Sector Role 'Partner in the Delivery of Environmental Services" The private sector plays an increasingly important role in the public- private partnership process as a potential provider of the financing, technical, or service arrangements of an environmental infrastruc- ture project. Some of the suggested activities for finance, banking, business and industry are: Provide feedback and information on public-private partner- ship success stories and failures. 16 ------- Provide financial resources for public-private partnerships. Contribute articles to the Public-Private Partnerships Bulletin. Provide private sector viewpoints on incentives and drawbacks to the formation of public-private partnerships. Participate in and contribute to national, regional, and local conferences on public-private partnerships. Participate in public-private partnership demonstration projects. Non-Profit Sector Role "Contributor of P3 Information/Expertise" The non-profit sector's role in the Public-Private Partnerships initia- tive is to provide information and expertise on various subjects and issues that relate to public-private partnerships. Academia, founda- tions, professional and trade associations, and interest groups can support the P3 initiative in the following ways: Expose membership to the P3 initiative by providing informa- tion exchange and direction. Analyze P3 issues and explore questions such as why the private sector hasn't moved more aggressively into the P3 market? Is the profit margin there? etc. Provide expertise and consultation to local communities. Contribute articles to the Debate Document and the Public- Private Partnerships Bulletin. Participate in and contribute to conferences held on public- private partnerships. Review legislative/regulatory options papers and provide criticism and suggestions. I. The Relationships The relationship of participants in public-private partnerships is of the Participants Preciselytnatmey are partners in the provision of environmental protection and services. Local governments are the focal point for this initiative. Their need for resources, both financial and technical, particularly in the face of the growing demand for increasingly expensive environmental services, calls for support from other levels of government and from the private and non-profit sectors. States are also key actors in the development of public-private partnerships. They act as the liaison between EPA and local communities and influence the formation of public-private partnerships through State laws and regulations. 77 ------- EPA Working with the States, Local Governments, and the Private Sectors to Build Public-Private Partnerships EPA States Non-profit Sector Local Gov't Private Partner PUBLIC-PRIVATE PARTNERSHIP Exhibit 8 Exhibit 8 illustrates the relationship of the partners as one of mutual support. EPA and State governments facilitate and provide techni- cal support. Local communities are the implementers of public- private partnerships. Banking and business interests offer financial and technical resources. Associations, foundations, academia, and interest groups provide expertise and support for communications, awareness, and outreach to the public. /. For More Information Interested individuals and organizations are invited to call or write the Resource Management Division of the Office of the Comptroller, EPA for more information about the initiative. Please call or write: U.S. Environmental Protection Agency Office of the Comptroller Resource Management Division (PM-225) 401 M Street, S.W. Washington, DC 20460 Telephone: (202) 475-8227 18 ------- Appendix 1 Acronyms AFM Alternative Funding Mechanism CERI Center for Environmental Resource Information EPA U.S. Environmental Protection Agency ICMA International City Managers Association LIMB Limestone Injection Multistage Burner NACETT National Advisory Council for Environmental Technology Transfer NETAC National Environmental Technology Applications Corporation NGA National Governor's Association OAR Office of Air and Radiation OARM Office of Administration and Resources Management OCEM Office of Cooperative Environmental Management OEA Office of External Affairs OGC Office of General Counsel OPPE Office of Policy, Planning and Evaluation OPTS Office of Pesticides and Toxic Substances ORD Office of Research and Development OS WER Office of Solid Waste and Emergency Response OTTRS Office of Technology Transfer and Regulatory Support OW Office of Water P3 Public-Private Partnerships RIA Regulatory Impact Analysis SITE Superfund Innovative Technology Evaluation SRF State Revolving Fund UST Underground Storage Tank 19 ------- ' \ :^m 20 ------- Appendix 2 Agency Initiatives to Manage and Meet the Environmental Challenges Interrelationships of Agency Initiatives Key Initiatives Creative solutions must identify innovative and cooperative ways to bridge the gap between needs and available resources EPA has several Agency-wide initiatives underway to address the environmental resource challenge, promote greater coopera- tion between EPA and the community, and to encourage the use of innovative technologies. These initiatives are: Public-Private Partnerships Alternative Financing Technology Transfer/Cooperative Environmental Manage- ment Technology Development Legislative/Regulatory Flexibility Pollution Prevention These initiatives are linked together by four common themes: They are designed to bridge the gap between requirements and the ability to meet needs. They are Agency-wide initiatives which cut across all EPA programs and media. They seek to promote greater cooperation and coordination between EPA and its State and local government partners; private industry; the financial community; associations, and academia. They encourage the use of innovative techniques, proce- dures, and technologies to manage and meet environmental needs. There are distinct differences in the way the various initiatives attempt to bridge the environmental funding gap and their focus or target audience. Some of the intiatives focus on reducing the cost to meet environmental requirements while others try to increase the resources available to meet these needs. A brief description of each initiative, excluding the Public-Private Part- nerships initiative which is discussed in detail in the body of this Document, is given below. Alternative Financing The Alternative Financing initiative assists various government entities in discovering and using funding mechanisms other man general appropriations or federal grants to raise revenue. As traditional sources of funding become more constrained, new 21 ------- EPA offices are already funding mechanisms must be utilized. These alternative funding promoting alternative fund- mechanisms (AFMs) include techniques such as revolving and ing mechanisms (AFMs) other revenue management funds, user fees, special financing & districts, bond banks, and dedicated taxes to provide resources for environmental programs. This initiative examines alternative financing mechanisms across all levels of government. Its focus is to: 1) examine the financing of environmental infrastructure needs at the local level and 2) examine the financing of administrative and operating costs of environmental programs at the State and Federal levels. There are several offices within EPA involved in promoting AFMs. Some examples are: The Office of Water (OW) is responsible for implementing the State Revolving Fund program. They are also involved in encouraging States to use AFMs to support the costs of administering their environmental programs. The Office of Water is holding conferences with the States on this issue. The Office of Solid Waste and Emergency Response's (OSWER's) Office of Underground Storage Tanks (UST) recently produced a handbook that discusses a variety of AFMs that can be used to support State and local UST pro- grams. The Office of Policy, Planning and Evaluation has completed a report on "State Use of Alternative Financing Mechanisms in Environmental Programs" which covers AFMs used by States to fund administrative and operating costs of regula- tory programs. The Office of Cooperative Environmental Management (OCEM) is working through the National Governors' Asso- ciation to survey states and transfer information among states on approaches and methods to AFMs. The Office of Administration and Resources Management (OARM) has developed an authoritative body of expertise to provide advice and opinions to the EPA Administrator and State and local governments regarding environmental mu- nicipal finance and taxation issues. EPA is also looking at innovative approaches to finance the ad- ministrative and operating costs of programs at the Federal level. The Agency supports the development of Federal fees where EPA provides special benefits to identifiable user groups. For example: The Agency's Superfund program finances the cleanup of abandoned hazardous waste sites through an excise tax 22 ------- levied on oil and chemical manufacturers. In 1988, EPA began collecting fees for the processing of Pre- manufacture Notices (PMNs) in the Toxic Substances pro- gram. In 1990, EPA will collect fees under the new Ocean Dumping Ban Act. EPA will also be collecting fees for the reregistration of pesti- cides and the expedited processing of amended pesticides registration as well as collecting fees under the new Radon Act. Technology Transfer/ Technology Transfer seeks improved results by creating a climate Cooperative *^at f°sters cooperative approaches to solving environmental Environmental Pro^^ems' building knowledge and skills to take positive actions, __. and expanding the use of technology transfer through technical g men assistance training and focused information dissemination. As our environmental programs evolve and mature, State and local governments assume more implementation responsibilities while EPA moves to a supportive role. EPA's challenge is to provide States and localities with the technical tools and innovative analytic and management information they need. This initiative attempts to reduce the costs of environmental protection by fostering a cooperative approach among industry, academia, States and local communities. EPA must provide States Some of the Technology Transfer activities underway within the and localities with the Agency include the following: tools they need m The Agency is currently enhancing its overall Intergovern- mental Personnel Act (IPA) program to expand and create communication networks with State and local governments. The Office of Research and Development (ORD) has estab- lished the Office of Technology Transfer and Regulatory Support (OTTRS) and within it the Center for Environmental Resource Information (CERI). This Office and CERI are the focal point for ORD's publication and scientific information dissemination effort. In addition to publishing and distribut- ing ORD products, CERI presents seminars, workshops, and training courses around the country which are free to State and local governments. 23 ------- The Agency has created a National Advisory Council for En- vironmental Technology Transfer (NACETT) comprised of 37 members who represent government agencies, business and industry, academia, and public interest groups to pro- vide guidance to this effort. Leadership and coordination of the Agency initiatives is located in a new Office of Coopera- tive Environmental Management established as a staff office in the immediate Office of the Administrator. The EPA Institute network serves as a central clearinghouse of information on environmental education and training efforts underway throughout the Federal government, within the Agency, and jointly between the Agency, State and local governments, and other organizations. A newly developed electronic catalogue of all Agency training courses will enable State and local governments to search a database for EPA courses, as well as list courses they can offer to the Agency. Technology Development As part of EPA's support role in providing States and localities with the technical tools they need to successfully implement required environmental programs, Technology Development seeks to stimulate the development and use of new techniques and technologies. This initiative strives to reduce the costs of environmental compliance through the development of new technologies that will provide more efficient and effective envi- ronmental cleanup processes. New techniques and The effort is led by the Office of Research and Development technologies are critical to wlucn ^as implemented the program through a number of activi- fr|pc effective cleanup and reduced costs B Cooperative arrangements have been established with indus- try through the Federal Technology Transfer Act and by the creation of joint Federal, industry, and academic laboratories to demonstrate new technologies. National Environmental Technology Applications Corpora- tion (NETAC) was formed to facilitate commercialization of priority environmental technologies being developed by government and private sector sources. Technology development is also stimulated through the SITE (Superfund Innovative Technology Evaluation) Demonstra- tion Program and other efforts such as the demonstration and testing of the Limestone Injection Multistage Burner (LIMB). 24 ------- Legislative/Regulatory The Legislative/Regulatory Flexibility initiative is directed at Flexibility reviewing the Agency's approaches to both legislative and regu- latory development to ensure that these approaches are fair, effective, flexible, and affordable, given a complete consideration of the impacts of these activities. EPA recognizes that environ- mental legislation and the subsequent implementation of regula- tions have tremendous impacts on all levels and sectors of soci- etythe Federal, State and local government; the private sector; Environmental laws should and the citizenry. This initiative attempts to reduce the costs of be fair, effective, flexible, environmental compliance by promoting greater flexibility in and affordable Congressional and State legislation, and in EPA and State regula- tions, while at the same time preserving environmental stan- dards. EPA's intent is to provide the State, local and private sectors with a greater array of regulatory options and alternatives and to reduce the difficulties of compliance. The Agency must also implement the Regulatory Flexibility Act, which consists of understanding, analyzing, and where possible, reducing the impacts that new and existing regula- tions have on small entities, such as small businesses and governmental jurisdictions. Pollution Prevention The Pollution Prevention initiative seeks to reduce threats posed by environmental pollution and the associated costs of environ- mental protection by promoting an integrated environmental approach stressing the prevention of pollution before it becomes a problem. State and local governments will be encouraged to play a role in helping to shift management priorities of industry and the public. One of EPA's primary goals is to support the de- velopment of State and local pollution prevention programs. Pollution Prevention can A new Pollution Prevention Office, in the Office of Policy, Plan- promote an integrated mn8 ^d Evaluation, is the focal point for the Agency's preven- environmental approach tion activities *»*the maJor ^P*08 be^nd m integrated ap" rr proach to pollution prevention across all program areas. A multimedia pollution prevention approach will be incor- porated into all EPA program activities as the preferred method of managing wastes and reducing emissions. A broad set of groups are being involved in developing a" National Pollution Prevention agenda, including States, local and Federal government, industry trade associations, and academia. 25 ------- 26 ------- Appendix 3 EPA Contacts List Steering Committee Charles L. Grizzle (Chair) Assistant Administrator Office of Administration and Resources Management Erich W. Bretthauer Acting Assistant Administrator Office of Research and Development Robert S. Cahill Associate Administrator Office of Regional Operations Jonathan Z. Cannon Acting Assistant Administrator Office of Solid Waste and Emergency Response Terry Davies Special Assistant Office of the Administrator Linda J. Fisher Assistant Administrator Office of Policy, Planning, and Evaluation Henry Habicht Deputy Administrator EPA Robert E. Layton, Jr. Regional Administrator Region VI William G. Rosenberg Assistant Administrator Office of Air and Radiation Greer C. Tidwell Regional Administrator Region IV William A. Whittington Acting Deputy Assistant Administrator, Office of Water Jennifer Joy Wilson Assistant Administrator Office of External Affairs Task Force David P. Ryan (Chair) Comptroller Office of Administration and Resources Management Stephen P. Allbee Director, Planning and Analysis Division Off ice of Water Bruce T. Barkley Director, Office of Management Systems and Evaluation Office of Policy, Planning and Evaluation Harless R. Benthul Acting Assistant Regional Administrator Region VI Richard M. Brozen Acting Director, Budget Division Office of Administration and Resources Management Douglas D. Campt Director, Office of Pesticide Programs Office of Pesticides and Toxic Substances Michael B. Cook Director, Office of Drinking Water Office of Water Charles L. Elkins Director Office of Toxic Substances Office of Pesticides and Toxic Substances Joseph Franzmathes Assistant Regional Administrator Office of Policy and Management Region W 27 ------- T. L. Juszczak Acting Director, Office of Program Management and Technology Office of Solid Waste and Emergency Response Gary M. Katz Director, Financial Management Division Office of Administration and Resources Management Peggy H. Knight Director, Office of Community and Intergovernmental Relations Office of External Affairs Alfred W. Lindsey Acting Director, Office of Environmental Engineering and Technology Demonstration Office of Research and Development Sylvia Lowrance Director, Office of Solid Waste Office of Solid Waste and Emergency Response A. Stanle) _ Director, Planning~and Management Staff Office of Air Quality Richard D. Morgenstern Director, Office of Policy Analysis Office of Policy, Planning and Evaluation R. Thomas Parker Director, Office of Cooperative Environmental Management Office of the Administrator Alvin M. Pesachowitz Deputy Director Office of Information Resources Management Harvey Pippen Director, Grants Administration Division Office of Administration and Resources Management John J. Sandy Director, Resource Management Division Office of Administration and Resources Management Jack Stanton Director, Technology Transfer Staff Office of Research and Development Gerald H. Yamada Deputy General Counsel Office of General Counsel Office of the Comptroller Public-Private Partnerships Initiative Staff U.S. Environmental Protection Agency Office of Administration and Resources Management Resource Management Division (PM-225) 401 M Street, S.W. Washington, DC 20460 (202) 475-8227 John J. Sandy Division Director David Osterman Branch Chief Leonard Bechtel Margaret Binney Ellen Fahey Keith Hinds Kim Lewis Joanne Lynch Timothy McProuty Eugene Pontillo EUySeng Christine Zawlocki 28 ------- Appendix 4 Suggested P3 Activities of EPA Offices This appendix provides detailed information on the suggested P3 activities for EPA Offices. OARM The Office of Administration and Resources Management is the lead office for the P3 initiative. Divisions within OARM will en- gage in the following P3 activities: Resource Management Division Develop the strategy and guidance as needed to implement and coordinate the various aspects of the Public-Private Partnerships Program. Provide direction and assistance to members of the Environ- mental Financial Advisory Board. Take the lead in developing and distributing self-help guides and videos for use by communities in reviewing and imple- menting the public-private partnership option. Participate and contribute to regional conferences on public- private partnerships. Publish, distribute, and contribute articles and viewpoints to the Public-Private Partnerships Bulletin. Take the lead in identifying, developing and implementing public-private partnerships demonstration projects. Provide examples and publish case studies of successful and unsuccessful public-private partnerships. Coordinate and develop the environmental financing clear- inghouse. Provide support to Grants Administration Division on legisla- tive analysis. Research, develop, and publish the Current Public-Private Partnerships Options document. Develop and use the available communication networks to increase the participation of both the public and private sectors in meeting the goals of the initiative. 29 ------- Coordinate, edit and publish the Debate Document on the environmental financing challenge that we face. Develop and establish a P3 venture investment fund to pro- vide financial assistance, as appropriate, to the demonstration projects. Publish and distribute the Cost of Environmental Protection report. Educate and involve EPA Program Offices in P3 effort on a continuous basis. Grants Administration Division Take the lead in reviewing Federal environmental legislation and regulations (including OMB Circular A-102, and SRF funding regulations), to identify Federal barriers and incen- tives to public-private partnerships. Propose changes to Federal environmental legislation and regulations that would facilitate partnerships. In cooperation with State and local governments, develop model legislation to promote partnerships. Provide assistance on authorized uses of venture investment fund which provides financial assistance in demonstration projects. Financial Management Division Provide input on existing P3 policies and procedures with regard to financial issues, and assess the impact of P3 strategy on Agency's financial operations. Office of Information Resources Management Work with OARM on coordinating and developing environ- mental financing clearinghouse. OPPE The Office of Policy, Planning and Evaluation can support the P3 initiative by undertaking the following activities: Conduct additional Sector Studies at the state and local levels. Evaluate and refine the Regulatory Impact Analysis process. 30 ------- Review OARM's Cost of Environmental Protection report for accuracy and consistency with the sector studies. Review policies on regulatory development and formulate options regarding regulatory costs and impacts on public- private partnerships. Research and develop the Cost of Clean report mandated by Congress. OEA The Office of External Affairs can contribute to the P3 initiative in the following ways: Review policies on legislative development and formulate options regarding environmental costs and impacts on public- private partnerships. Establish a subcommittee of the EPA/State Operations Com- mittee to ensure States provide input into the P3 initiative. Run local roundtable, Small Community Coordinator, and State/EPA Operations Committee and provide assistance to OARM in maintaining a working relationship with these groups. Work with OARM in establishing effective networks with business, environmental groups, academia, civic associations and labor groups. Provide advice and consultation on P3 demonstration projects. OGC The Office of General Counsel can provide assistance in the following areas: Review legal implications and appropriateness of new policy options regarding legislative and regulatory development. Review legalities associated with the distribution of Venture Fund monies for demonstration projects. OCEM Areas where the Office of Cooperative Environmental Manage- ment can help in the P3 initiative are: Provide mechanisms for and provide assistance in setting up the Environmental Financial Advisory Board through NACETT. 31 ------- Provide OARM and Program Offices assistance in working with professional association networks and other contacts at the State and local levels. Promote and disseminate information on public-private partnerships, especially to the States and communities. EPA Program Offices Suggested activities for the Offices of Water, Solid Waste and (OW, OSWER, OAR, Emergency Response, Air and Radiation, Research and Develop- ORD and OPTS) men*'an£^ Pesticides and Toxic Substances are: Review guidance documents for technical accuracy as they relate to media matters. Contribute EPA program office viewpoint articles for the Debate Document. Provide input on the legislative/regulatory options strategy and review products for consistency with Agency policy. Provide examples of case studies on successful/unsuccessful partnerships and other relevant financing-related information for the clearinghouse. Promote and market the concept of public-private partner- ships at the State and local levels as an alternative to financing environmental infrastructure. Provide technical assistance and review self-help guides and videos. Contribute articles to the Public-Private Partnerships Bulletin. Participate in national and regional public-private partner- ship conferences. Actively support, suggest candidate projects, and participate in the planning and implementation of public-private partner- ship demonstration projects. Share information on professional networks at the Federal, State and local levels. 32 ------- EPA Regional Offices Suggested activities for the Regional Offices are: Develop strategy and guidance as needed to implement and coordinate the P3 initiative. Provide assistance to members of the Environmental Finan- cial Advisory Board on carrying out the agenda of the Board. Assist in the development of the environmental financing clearinghouse. Identify success stories i.e. projects within the region where public-private partnerships have worked. Develop and distribute self-help guides and videos for use by communities in reviewing and implementing the public- private partnership option. Contribute articles and viewpoints to the Public-Private Part- nerships Bulletin. Nominate candidate demonstration projects, where EPA can facilitate the formation of specific public-private partnerships. Develop and use available communication networks to in- crease the participation of both the public and private sectors in meeting the goals of the initiative. Monitor events and projects across the country which may have a bearing on public-private partnerships. Conduct conferences, seminars and meetings for government officials and the private sector to increase the communities interest and awareness of public-private partnerships. Work with state legislators to identify regulatory and legisla- tive barriers and incentives to public-private partnerships. 33 ------- 34 ------- For More Information Please Call or Write: U.S. Environmental Protection Agency Office of the Comptroller Resource Management Division (PM-225) 401 M. Street, S.W. Washington, DC 20460 Telephone: (202) 475-8227 ------- |