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Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

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Page 1: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Toolkit: Approaches to Private Participation in Water Services

Module 1

Considering Private Participation

Page 2: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Introduction:

Navigating through this E-Learning Module This is one of 9 Toolkit e-learning Modules. Each Module is created in PowerPoint, and you advance through the Module by pressing the right arrow or ‘Enter’ button. Core Module: The Module takes you sequentially through four or five major issues, depending on the Module. The progress through the Module is shown by the colored area on a logo on the top right hand corner of each slide. Here is an example: Supplementary Content: The Core module covers all key issues. However, you can choose to access additional information. These supplementary slides can be accessed by passing the cursor over colored buttons. The button colors relate to issues of various levels of detail:

Navigation through the supplementary material is also by pressing the right arrow or ‘Enter’ button. At the end of each section you will return automatically to the core Module. However, there is an extra button (to pass over) on the top right hand of each supplementary page that gives you the option of a shortcut back to the core Module:

Basic Concept Detail

Expert insight

Supplementary Information / Case studies

Back to Module

E-learning design: [email protected]

Page 3: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Elements of the Toolkit

TOOLKITTOOLKIT

1ConsideringPrivate Participation

2Planning the Process

5Standards, Tariffs, Subsidy, Financials

4Setting Upstream Policy

3Involving Stakeholders

6Responsibilities & Risks

7Developing Institutions

8Designing Legal Instruments

9Selecting an Operator

Additional MaterialCD-ROM

Appendix BPolicy Simulation

Model

Appendix AExamples of PP Arrangements

Page 4: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

General Outline of Toolkit

TOOLKITTOOLKIT

1ConsideringPrivate Participation

2Planning the Process

4Setting Upstream Policy

3Involving Stakeholders

6Responsibilities & Risks

7Developing Institutions

8Designing Legal Instruments

9Selecting an Operator

Additional MaterialCD-ROM

Appendix BPolicy Simulation

Model

Appendix AExamples of PP Arrangements

Module 1

5Setting Service

Standards, Tariffs, Subsidies &

Financial Arrangements

Module 1

Considering Private Participation

“What can private particpation expect to Achieve?”

Page 5: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Module 1 - What will we learn?

What are the

underlying POLICY

PROBLEMS for

provision of the

water services in

developing

countries?

What are the various MODELS OF PRIVATE PARTICIPATION that we can usefully consider? How do they address the problems

What are the possible EFFECTS OF PRIVATE PARTICIPATION ?

Management Contract for

Jordan Valley Authority,

Irrigation Water Supply, may be

the first of its kind.

How can we be sure of

GETTING

PRIVATIZATION TO

WORK?

Page 6: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Module 1 - Considering Private Sector Participation

Before introducing Private Participation, Governments need to:

Document particular problems their water utilities face

Diagnose the underlying cases of the problems

Determine whether private participation can address the problems

Page 7: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

UNDERSTAND: Effects of

Privatization

ACHIEVE:

Getting PP to work

REVIEW:

Underlying Policy Problems

Module 1 - Considering Private Participation (PP)

HOW?:

Different PP Models

“In this Module we will look at four main areas…...”

Page 8: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

UNDERSTAND:

Effects of Privatization

ACHIEVE:

Getting PP to work

HOW?

Different PP Models

REVIEW:

Underlying Policy Problems

Underlying Policy Problems

REVIEW:

Underlying Policy Problems

In this section we REVIEW underlying policy problems related to provision of water services, including

Customer Connections Supply (flow and quality) Sanitation service Money Assets and Investment Service providers

In this section we REVIEW underlying policy problems related to provision of water services, including

Customer Connections Supply (flow and quality) Sanitation service Money Assets and Investment Service providers

Page 9: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Underlying Policy Problems

“In many countries the provision of water services is unsatisfactory. A number of basic issues influence this……….”

Basic issues affecting water services include:

Connection rates – Many households don’t receive water or sanitation services from the utility, although they prepared to pay for service.

Quality of service – Those few connected get water for only a few hours per day, with water not safe to drink, and little sewage treatment.

Lack of money – Solutions would be easier if customers could pay more or governments could raise more tax.

External benefits – Improved water services create benefits for others (e.g. reducing disease), but customers may be unwilling to pay

Assets – With condition of underground assets hard to determine, private providers may be unable to make sensible bids for improvements

Local, provincial and central government may have overlapping responsibilities

Page 10: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Underlying Policy 3 Other Factors

“………. but three additional factors may create serious obstacles.”

Basic issues affecting water services include:

Connection rates – Many households don’t receive water or sanitation services from the utility, although they prepared to pay for service.

Quality of service – Those few connected get water for only a few hours per day, with water not safe to drink, and little sewage treatment.

Lack of money – Solutions would be easier if customers could pay more or governments could raise more tax.

External benefits – Improved water services create benefits for others (e.g. reducing disease), but customers may be unwilling to pay

Assets – With condition of underground assets hard to determine, private providers may be unable to make sensible bids for improvements

Local, provincial and central government may have overlapping responsibilities

Three other factors may create serious obstacles :

These factors, alone or combined, may create obstacles to plans for water and sanitation service improvement:

Water services are critical to all consumersServices are often provided under a natural monopoly; supply by one well run firm may be more effective than two or more firmsRequired investments are large, and cannot be reversed if returns prove to be less than estimated

The combination of these factors potentially leads to trouble

Three other factors may create serious obstacles :

These factors, alone or combined, may create obstacles to plans for water and sanitation service improvement:

Water services are critical to all consumersServices are often provided under a natural monopoly; supply by one well run firm may be more effective than two or more firmsRequired investments are large, and cannot be reversed if returns prove to be less than estimated

The combination of these factors potentially leads to trouble

The first two factors:

Customers may doubt that they are getting a good deal, and resist price increases, even if revenue is lower than costs.

As a result, Government faces strong pressure to keep prices below costs, causing problems for improving service.

The first two factors:

Customers may doubt that they are getting a good deal, and resist price increases, even if revenue is lower than costs.

As a result, Government faces strong pressure to keep prices below costs, causing problems for improving service.

The third factor - investment:

Provided prices are above operating costs, governments can accede to consumer pressure to limit price rises without causing suppliers to cease services.

Unless government makes up any difference between prices and costs, through subsidy, providers will not invest, if prices are too low to cover full costs including investment and repairs to infrastructure

The third factor - investment:

Provided prices are above operating costs, governments can accede to consumer pressure to limit price rises without causing suppliers to cease services.

Unless government makes up any difference between prices and costs, through subsidy, providers will not invest, if prices are too low to cover full costs including investment and repairs to infrastructure

Page 11: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Underlying Policy Problems – The Challenge“Given that the provision of water services is unsatisfactory, and a number of

issues influence this…..”

The biggest challenge for governments is to address these issues and thus to encourage investment, in order to:

Improve quality

Lower costs

Extend access to services

Page 12: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

UNDERSTAND

Effects of Privatization

ACHIEVE:

Getting PP to work

HOW?

Different PP Models

REVIEW:

Underlying Policy Problems

Possible Effects of Private Participation

UNDERSTAND:Effects of

Privatization

In this section we show some of the possible effects of Private Participation in water services in developing countries.

We look at three main areas: Operation Investment Policy & enforcement

In this section we show some of the possible effects of Private Participation in water services in developing countries.

We look at three main areas: Operation Investment Policy & enforcement

Page 13: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Possible Effects of Private Participation

“Private participation changes the water sector, with an operator being independent of government, and with incentive to be profitable. ”

Private providers cannot be directed in the same way as a public provider, and the profit incentives can cause it to take actions not in the public interest.

However independence and profit can help the government to achieve its objectives.

Private participation may have effects in three areas:

The Operating Performance of the utility

The utility’s investment decisions

Policy and its enforcement

Page 14: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Possible Effects of Private Participation

“Private participation changes the water sector, with an operator being independent of government, and with incentive to be profitable. ”

Private providers cannot be directed in the same way as a public provider, and the profit incentives can cause it to take actions not in the public interest.

However independence and profit can help the government to achieve its objectives.

Private participation may have effects in three areas:

The Operating Performance of the utility

The utility’s investment decisions

Policy and its enforcement

Possible Effects of PP:Operating Performance

Possible Effects of PP:Investment Decisions

Possible Effects of PP::Policy & Enforcement

Page 15: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

UNDERSTAND:

Effects of Privatization

ACHEIVE

Getting PP to work

HOW?

Different PP Models

REVIEW:

Underlying Policy Problems

Getting Private Participation to Work

ACHIEVE:

Getting PP to work

In this section we show some of the potential issues in getting Private Participation in water services to work.

We look at three main challenges:

Ability and incentives to invest Protecting operator from risk of change Achieving ‘Fairness’ in PP Arrangements

In this section we show some of the potential issues in getting Private Participation in water services to work.

We look at three main challenges:

Ability and incentives to invest Protecting operator from risk of change Achieving ‘Fairness’ in PP Arrangements

Page 16: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

TWO MAIN ISSUES:

Getting Private Participation to Work

“The experience of the last decade shows how important it is to get two main issues right – but also how difficult”

Giving the provider the ability and the incentives to make good operating and investing decisions

Protecting the Operator from risk of losing through Government changing ground rules

Giving ability and incentives :This means giving the provider enough freedom to make decisions, and so to be expected to take relevant business risksThe provider should be allowed to benefit when it improves business, but should bear any risk it has agreed to bear (and should not be automatically be allowed to renegotiate when things go wrong and if profits decline)

Giving ability and incentives :This means giving the provider enough freedom to make decisions, and so to be expected to take relevant business risksThe provider should be allowed to benefit when it improves business, but should bear any risk it has agreed to bear (and should not be automatically be allowed to renegotiate when things go wrong and if profits decline)

Protecting the Operator from Government changes :This means protecting the operator from Government changes to the ‘rules of the game’, rather than from bad operating or investment decisions.This includes protecting the operator from the risk that the government will cut prices after the operator has invested, or other measures that wiill affect the investor’s profitability

Protecting the Operator from Government changes :This means protecting the operator from Government changes to the ‘rules of the game’, rather than from bad operating or investment decisions.This includes protecting the operator from the risk that the government will cut prices after the operator has invested, or other measures that wiill affect the investor’s profitability

Page 17: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Getting PP to Work - ‘Fairness’

“In the last decade many PP arrangements have run into trouble or been cancelled. Lessons learnt show that the arrangement must be perceived to be fair and legitimate ”

If the customers or operator feel that the arrangements haven’t been fairly implemented, then they can run into trouble

Examples: Cochabamba and Manila

To work well, the Government must create an arrangement that people perceive as being fair. If not:

Customers & voters may pressure Government to override contractual protections

The Operator may find his property rights or returns are less secure than expected

Private providers may require a higher rate of return if the arrangement is not perceived as being fair

Page 18: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Getting PP to Work - ‘Fairness’

“In the last decade many PP arrangements have run into trouble or been cancelled. Lessons learnt show that the arrangement must be perceived to be fair and legitimate ”

If the customers or operator feel that the arrangements haven’t been fairly implemented, then they can run into trouble

Examples: Cochabamba and Manila

To work well, the Government must create an arrangement that people perceive as being fair. If not:

Customers & voters may pressure Government to override contractual protections

The Operator may find his property rights or returns are less secure than expected

Private providers may require a higher rate of return if the arrangement is not perceived as being fair

FairnessExamples in Toolkit

Page 19: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Getting PP to Work: Fairness & Cost

Ra

te o

f R

etu

rn t

ha

t m

us

t b

e p

rom

ise

d

Strength of legal protections

Rules perceived as unfair

Rules perceived as fair

“Additionally, perceived fairness allows a lower rate of return to be promised for a given legal protection – and possibly lower potential cost”

Page 20: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

UNDERSTAND

Effects of Privatization

ACHEIVE

Getting PP to work

HOW?

Different PP Models

REVIEW

Underlying Policy Problems

Models of Private Participation

HOW?

Different PP Models

In this section we show the key Private Participation models:

Management Contracts Affermage – Lease Concessions and Divestitures Joint Ownership

In this section we show the key Private Participation models:

Management Contracts Affermage – Lease Concessions and Divestitures Joint Ownership

Page 21: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Reviewing Module 1Toolkit Approach to PP Models

1. Many issues arise in more than one PP model. Organizing the Toolkit by issue avoids repetition

Example: The question of disputes arises in every model

2. Focusing on matters of substance avoids unproductive discussion of exact meaning of contract types:

Example: Focussing on appropriate allocations of risks and responsibilities, and allowing this to determine

contract type.

3. Many real world arrangements are in fact hybrids of the ‘standard’ PP models

‘The Toolkit focuses on choices faced when designing PP arrangements rather than describing specific PP models ….’

The reasons for this approach include:

The use of ‘standard’ PP models:

However, whilst the Toolkit is structured around these design choices, we do refer to three main types of Private Participation Models, comparing and contrasting the importance of the issues under each model.

The three delegated management models considered throughout the Toolkit are:Management ContractsAffermage-Leases Concessions

The Toolkit does not discuss BOT arrangements, nor arrangements that do not involve private participation.

The use of ‘standard’ PP models:

However, whilst the Toolkit is structured around these design choices, we do refer to three main types of Private Participation Models, comparing and contrasting the importance of the issues under each model.

The three delegated management models considered throughout the Toolkit are:Management ContractsAffermage-Leases Concessions

The Toolkit does not discuss BOT arrangements, nor arrangements that do not involve private participation.

Page 22: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Models of Private Participation

“It is useful to understand the nature of some key PP models, and implications for the Challenges of Private Participation.”

Management Contracts

Management Contracts transfer responsibility for managing a utility to an operator – often for 3 to 5 years

Affermage - Leases

In Affermage-Leases the operator is responsible for operating and maintaining the business,but not financing investment - with a term often from 5 to 14 years

Concessions and divestitures

Concessions give the operator responsibility for financing investment, as well as operation and maintenance, with assets returned to government after 25 or 30 years.Divestiture gives the same responsibilities, but ownership of the assets stays with private investor

Joint Ownership

Joint Public / Private Ownership of the Operating Company is a possibility, and offers certain advantages

Page 23: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Models of Private Participation

“It is useful to understand the nature of some key PP models, and implications for the Challenges of Private Participation.”

Management Contracts

Management Contracts transfer responsibility for managing a utility to an operator – – often for 3 to 5 years

Affermage - Leases

In Affermage-Leases the operator is responsible for operating and maintaining the business,but not financing investment - with a term often from 5 to 14 years

Concessions and Divestitures

Concessions give the operator responsibility for financing investment, as well as operation and maintenance, with assets returned to government after 25 or 30 years.Divestiture gives the same responsibilities, but ownership of the assets stays with private investor

Joint Ownership

Joint Public / Private Ownership of the Operating Company is a possibility, and offers certain advantages

Management Contracts

Affermage - Leases

Concessions and Divestitures

Joint Ownership

PP Models Further Details

Page 24: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Reviewing Module 1

‘The Module has looked at a whole range of issues for analysis and allocation of responsibilities & risks in PP design………….

UNDERSTAND: Effects of

Privatization

ACHIEVE:

Getting PP to work

REVIEW:

Underlying Policy Problems

HOW?:

Different PP models

Page 25: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Checklist: Module 1

Skim the rest of the Toolkit to get an idea of what is involved

Review additional references(such as in ‘More Information’ in the next slide)

Prepare an analysis that answers the following questions:

What is the Government’s objective? How would it like to improve the provision of water services?

What deeper policy problems seem to underlie the service problems?

What are the options for addressing the problems – including reform of public providers, reform of “upstream policy (see Module 4), and private participation?

What could each of the options be expected to achieve? What are their likely costs and benefits?

What has happened with reforms on similar places (also see “More Information” slide)

‘……..and what to do before beginning this process is discussed in this Checklist”

Page 26: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Module 1 More information:

Considering Private Participation:

Other References:

Fundamental political-economy problems in the provision of water services and broad strategies for addressing them: Gómez-Ibáňez 2003, Nickson and Franceys 2003, Savedoff and Spiller 1999, and Smith 1997a

Recent trends in private participation in water: World Bank 2003

Evidence and arguments about the effects of private participation, including case studies: Abdala 1996, Barlow and Clarke 2002,Bitran and Valenzuela 2003, Brocklehurst and Janssens 2004, Clarke and others 2004, Crampes and Estache 1996, Estache and Rossi 2002, Gray 2001, Harris 2003, Lobina and Hall 2003, Megginson and Netter 2001, Nickson and Vargas 2002, Palaniappan and others 1999, Plummer 2002, Public Citizen 2003, Rivera 1996, Saghir and others 1999, 200, Sirtaine and others 2005, Shirley 2002, Shirley and Walsh 2000, Sirtaine and others 2005

Concessions and management contracts in particular: World Bank 1997b

Page 27: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Supporting Material

• The Toolkit Financial Model• Toolkit Case Study material• Toolkit Website:

http://rru.worldbank.org/Toolkits/WaterSanitation/• For comments or further details contact Cledan Mandri Perrott at

[email protected]

Page 28: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Toolkit: Module 1

End of Module

Page 29: Toolkit: Approaches to Private Participation in Water Services Module 1 Considering Private Participation

Toolkit: Module 1

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