|
Turning Cities' "Liquid" Assets Into Cash!
by Mayor Bret Schundler
Privatization advocates
are encouraging cities throughout America to privatize their municipal
water utilities as a way to increase utility efficiency. On the other
side of this debate, the opponents of privatization argue that the
divestment of a money-losing water utility may assist a city's budget,
but will do so at a steep cost to consumers once the city's rate setting
ability is transferred to a private buyer. Who is right? In my opinion,
both sides are!
Privatization does
increase efficiency, but the best way to maximize the citizens' benefits
from a public utility is not to turn a public monopoly into a private
monopoly, rather it is to look at where the productivity enhancing magic
of competition can be introduced into the management of such a monopoly
asset.
Working with W. R.
Lazard as its financial advisor, the City of Jersey City has just
completed a public-private partnership with the United Water Company
that will be the largest in the nation. In it, the City of Jersey City
will maintain ownership of its water utility facilities while
contracting with United Water to manage these assets. I think our
agreement offers an example of how municipalities across America can --
pardon the puns -- "liquify" the "untapped"
budgetary potential of their water utilities without having to forego
the public ownership and control of these valuable monopoly assets.
Jersey City owns
wonderful water assets: pipes, purification plants, reservoirs and
significant quantities of surplus water. Unfortunately, under municipal
management, these assets have never been utilized to their fullest
potential.
For instance, we have
long wanted to sell our surplus water on the open market to generate
recurring, non-tax revenues. But we have never been successful in doing
so. Our failure has not been for a lack of trying, we just are not
professionals in the water business, and have not been very good at
water sales. As a result, the full revenue potential of our surplus
water has never been realized.
We have also had higher
operating expenses than necessary, although it's been very difficult to
tell in our non-market situation. Every successive City administration
has admonished its Water Director to improve productivity and cut
unnecessary costs, and every successive Water Director has done his
best. But operating costs have kept rising.
A still bigger problem
has been getting all of our water to Jersey City. En route from our
suburban reservoirs, one-third of our water leaks from the pipes which
transport it. Transporting water great distances is a significant
engineering challenge, and our City, for all of the reasons which
typically trouble public enterprises, has found it difficult to stanch
these water losses.
Once the water gets to
Jersey City, we have had difficulties with accurate billing. Unlike the
private telephone and energy utilities which service our residents, and
which send out their bills every month like clockwork, our municipal
water utility has all too often sent out bills at irregular intervals.
When our water bills finally do arrive, they sometimes are based on
estimates of consumer usage instead of actual meter readings, which can
result in consumers getting walloped with a huge bill when an actual
reading is made because estimates for several billing periods have been
too low.
One final problem with
our municipal utility has been collecting on water bills. Because our
collection rate on billings has been lower than the norm at private
utilities, the City has had to charge unnecessarily high water rates to
cover its losses from non-payers.
The City's new Water
Director has made substantial progress on all of these problems in
recent years, but the utility still underperforms its private
counterparts.
----------
These difficulties help
to explain why, among free-marketeers, the voguish solution to problems
at public utilities has been to privatize them. But is the outright sale
of a public utility really the best answer to its problems?
Here in Jersey City, we
have privatized many governmental operations, such as traffic signal
maintenance, in ways which have both improved performance and reduced
costs. But with traffic signal maintenance, if we don't get the kind of
performance we want, or if the vendor suddenly wants to increase prices,
we always have the option of changing vendors or doing the maintenance
ourselves again. But that is not the case with selling a public water
utility.
With a monopoly public
utility, once you sell it, its gone! If the quality of service
subsequently declines, or if the vendor seeks to jack up rates, that's
our tough luck. Rate guarantees written into the document of sale will
only be good for the term of their duration. And expecting protection
from a board of public utilities may lead to disappointment. The only
certain way to guarantee quality services and low costs for consumers is
through vigorous competition. But the defining nature of a monopoly
utility is that there is no competition. Therefore what serves the
public's interest best may be not selling the monopoly utility, but
instead competitively contracting for its management.
----------
In Jersey City, we put
together a Working Group which included both City Council and
Administration personnel, and then sent out a Request For Proposal, to
hire a consultant, to help us write the Request For Proposal, to hire a
management company. It may appear that this represents an extra,
unnecessary step, but contracting for the management of a water utility
is complicated business, and we wanted to have an expert working with us
to fully protect our citizens' interests.
Once the consultant was
selected, we carefully planned out the kind of contract we wanted. For
instance, we decided upon a relatively short-term contract of five years
in order to keep pressure on the vendor to maintain quality services.
Second, we included performance clauses, to absolutely ensure that the
City would enjoy appropriate recourse in the event of vendor
under-performance or sub-standard maintenance. Third, we decided to
retain control over, and responsibility for, capital investment, in
order to eliminate under investment as a means by which the private
manager might maximize short-term operating profits at the City's
long-term expense. Fourth, we included employee protections to ensure
that our public employee unions would support the deal. And finally, and
perhaps most importantly, we made it clear that the City wanted to
retain control of rate setting, and wanted all bids to be submitted on
the basis of a zero rate increase assumption. This last point is
critical in order to ensure that bidders do not offer overly aggressive
concession fees which they intend to pay for merely by jacking up water
rates.
We publicized the
Request for Proposal widely to guarantee maximum competition, and
scheduled several informational sessions for prospective bidders. By the
time the deadline for submissions came, the City had seven extremely
aggressive bids in hand by well-qualified vendors. The best bid, with
all considerations included, was by United Water. Its terms represented
a home run for the City!
----------
Over the five year term
of our contract, United Water is guaranteeing the City a minimum of $19
million in surplus water sales, $16 million in operational savings, and
$2.5 million in up-front concession fees. Through stanching water
leakage and improving billing and collections, United Water further
projects $20 million to $35 million of additional future economic
benefits to the City and our local sewerage authority, for which the
municipal water utility does billing and bill collection. Add it up and
the total economic benefit to our citizens should fall between $58
million and $73 million over five years -- or as much as $14 million per
year! This represents an enormous savings for a City our size (total FY
'96 property tax levy: $88 million).
Our citizens should
also gain through improved service. United Water's advanced technology
for discovering water leakage will not only help us stanch unnecessary
water losses, but will decrease the frequency and inconvenience to our
citizens of water main breaks. As a second service benefit, United Water
will be installing computerized "Hands-Off Meter Reading,"
which will allow the company to conduct actual monthly meter readings by
telephone line, avoiding the hassle of home visits and the aggravation
of bills periodically based on estimates.
Our municipal water
utility employees will also be making out well. With the support of the
New Jersey State Department of Personnel, the City and the Company will
be pioneering the "leasing" of our public employees to the
private vendor. While workers, for all practical purposes, will become
employees of the vendor, legally they will remain employees of the City,
will retain their current wages and benefits, and will remain with the
public retirement system. The vendor expects to decrease the number of
employees retained to operate the system, but has committed to do so
through attrition and early buy-outs, not through lay-offs.
To conclude, our water
utility public-private partnership is safeguarding all of the advantages
of public utility ownership for our citizens, while also providing us
the economic and quality of service benefits of competitively bid
private management. In doing so, it is going a long way towards helping
Jersey City financially to keep its head above water!
Home
|