Infrastructure Strategies and Public-Private Partnerships

OVERVIEW

Infrastructure is the system of assets and services that support the operation of a community, corporation, economy or other organizational unit. When applied to a community, infrastructure can be viewed at a high-level as those assets and services that produce commodities, transport resources and provide a domain for some activity. Under this framework, for example, the United States would have (1) electricity, fuel, gas, water and other production assets, (2) roads, highways, rail, ports, distribution and transmission grids, pipelines, and other transportation assets and (3) schools, hospitals, military bases, prisons, government buildings and other facility assets.

A+B Infrastructure Strategies Team

Alston & Bird has built a cross-disciplinary team designed to provide comprehensive solutions to both government and private sector clients, including Public-Private Partnerships (P3). In providing these services, we utilize the full resources of Alston & Bird and its strategic partners, including public finance, construction and government contracting, government relations and lobbying, private, leveraged capital, federal, state and local tax and environmental and regulatory.

Infrastructure Participants and Their Challenges

Governments, capital markets and infrastructure providers are the primary players in the traditional infrastructure sector. However, P3 projects will likely include additional players, e.g., operators, technology companies and project/program managers.  Each of these groups has a different set of challenges and opportunities in the infrastructure development process.

Infrastructure Solutions Support

The A+B Infrastructure Strategies Team provides comprehensive solutions for governments, capital markets and infrastructure providers as each participate in infrastructure development. The Team has the resources, experience and ability to serve in any capacity in any phase of any infrastructure project or program from the most complex to the most straightforward. Services offered by the Team include support for (a) contextual understanding, (b) strategy development and (c) project implementation.

Financing

Alston & Bird finance attorneys have comprehensive experience in all of the various counsel roles of financing and have extensive experience in financing water-related infrastructure. Traditionally, water-related infrastructure has been financed through public finance markets and other governmental programs. We provide guidance to banks, underwriters, trustees, project owners and others regarding the impact of tax-exempt and taxable debt on proposed sales, mergers, expansions and closings of facilities. Our experience in representing all of the parties typically participating in public finance transactions gives us the perspective to overcome structural or other difficult issues by crafting approaches that all parties find attractive. Public-private partnership (P3) financing, of course, will be more complicated than traditional financing and will likely require the experience of a multi-practice team, including public finance, construction and government contracting, government relations and lobbying, private, leveraged capital, federal, state and local tax and environmental and regulatory.