75622 November 2011 PPIAF Assistance in Georgia Recovering from the August 2008 armed conflict with Russia and the global economic crisis, Georgia now ranks as a lower middle-income country and is an IDA/IBRD blend country with per capita gross national income of $2,530 in 2011. The collapse of the Soviet Union resulted not only in prolonged economic depression, but was also accompanied by significant political and civil conflicts in Georgia. By the mid-1990s the government of Georgia began a series of reforms aimed at restoring macro-economic stability, creating conditions for private sector development, and alleviating widespread poverty. A poor policy environment, uncertain ownership rights and responsibilities, more than ten years of poor maintenance for infrastructure services, little or no capital investment, and inadequate oversight by local governments have contributed to continued deterioration in the provision of local services. An important goal for the government was to stop the decline in overall living conditions, which was due in part to the near total breakdown of basic infrastructure. Within this context, PPIAF supported the consolidation, strengthening, and harmonization of public-private partnership (PPP) policies and institutional and legal frameworks in the energy, water, and transport sectors in Georgia. Four PPIAF-funded activities totaling $1.48 million targeted the aforementioned sectors over a time span of five years from 2003 to 2007, and contributed to improving Georgia’s overall environment for private sector participation (PSP). As a result of Georgia’s improving PSP climate, the overall number of projects with PSP has roughly doubled since 2006. These sectors have seen a total of two concessions, twelve divestures, one greenfield project, and five management and lease contracts over this period. Total PPP 1 investment amounts to $1.64 billion since 2006, which constitutes 91% of total PPP investment in these three sectors. An overview of the individual programs and their outcomes is provided in what follows. Private Sector Participation in Georgia's Water and Wastewater Sector Due to a lack of financial, managerial, and technical capacity, most municipalities in Georgia in the early 2000s were fiscally and administratively unable to provide effective water and wastewater services. In most parts of the country, water was only provided for one to two hours several times a week. Although Georgia has abundant high quality underground sources requiring minimal treatment, deteriorated distribution networks and low chlorination levels caused water quality to be poor. Moreover, water quality control and sanitary protection procedures were not in place and no major rehabilitation or repair works were carried out in the period between 1987 and 2004. Drinking water treatment facilities were often technically unfit and lacked adequate supplies of filter materials, installations, and chemical agents used for water preparation. Sixty-nine percent of existing water pipelines appeared to operate without water decontamination installations, 28% without sanitary 2 protection zones, and 23% without necessary raw water treatment facilities. PPIAF provided funding for a consulting consortium to analyze water supply and wastewater treatment in utilities outside the capital Tbilisi and to identify PPP options . This activity encompassed the review of: operational, service, and financial performance of 44 water supply and wastewater system enterprises; the existing framework of regulations; the condition of the assets; current and projected customers in each water enterprise; affordable improvement objectives responding to customer demand; environmental objectives, in particular concerning wastewater collection and treatment, and potential liabilities; and medium-term investment and rehabilitation needs, taking into account and ensuring the needs of the poorest segments of the population in the service area, including mechanisms and institutional arrangements for promoting service to the poor and subsidizing service for low-income households. 1 PPI Database Georgia Country Snapshot: http://ppi.worldbank.org/explore/ppi_exploreCountry.aspx?countryID=81 2 http://www.ecbsea.org/files//content/Water%20Sector%20Convergence%20Plan%20for%20Georgia.pdf 1 Based on the findings of the options study, recommendations for a viable PSP structure suited to the context and goals of the government of Georgia were proposed at the Final Workshop on Strategy, Regulation, and PSP in Water Supply and Sanitation in July 2004. Recommendations for the optimal structure of current water and wastewater enterprises, based on business principles and the government’s decentralization agenda, were presented together with the design and implementation arrangements of mechanisms to control and monitor tariff setting. The Tbilisi, Rustavi, Mskheta, and Gardabani water companies were privatized in June 2008 and are managed by a holding company, the Georgian Water and Power Company (GWPC). GWPC's 3 annual turnover is approximately GEL 100 million ($62.5 million) with 90% of its income being sourced from the water and sanitation services sector. GWPC generates a profit and is looking into financing options for the rehabilitation of Tbilisi's water supply system and the Gardabani sewage treatment plant, which has an estimated cost of $90 million–$150 million. Results of PPIAF’s Activities in Assisting Private Participation in Georgia’s Water and Wastewater Sector Category Outputs Enabling environment reform Analyses/assessments prepared  Market sounding report, 2004  Study into Strategy, Regulation, and PSP in the Water Sector Plans/strategies prepared of Georgia, 2004 Capacity and awareness building  Workshop on regulation and PSP, March 2004 Workshops/seminars  Final Workshop on Strategy, Regulation and PSP in Water Supply and Sanitation, July 2004 Category Outcomes Enabling environment reform  Tbilisi, Rustavi, Mskheta, and Gardabani water companies Plans/strategies adopted were privatized in June 2008 and are managed by a holding company, the Georgia Water and Power Company Harmonization of Legislation in the Energy Sector A market-oriented legal and regulatory framework was created in the late 1990s, which laid the foundation for the current structure of the Georgian energy sector by establishing an independent regulator overseeing licensing and tariff setting in the electricity and gas sector. This was concurrent with a very active private participation in the energy sector. Despite these milestones, the sector suffered from a severe financial crisis. The absence of clarity in legislation and regulation, combined with the lack of financial liquidity, was a significant disincentive for further private participation in the power sector. To improve the financial viability and increase liquidity of the sector in the medium- to long-term, PPIAF provided technical assistance from 2004 to 2006 to the Georgian National Energy Regulatory Commission (GNERC) to build its capacity in tariff regulation, licensing, institutional framework, and stakeholder communication. Reports outlining key issues and recommendations on the following aspects were delivered: electricity and natural gas pricing; legal analysis, including harmonization of 3 Georgian Lari (local currency) 2 legislation; an institutional assessment of GNERC; and a communication strategy. The final reports were presented at a workshop on February 18, 2006. This activity also provided support for a four-day training session on implementation of proposed tariff methodology in October 2005. Additionally, three GNERC staffers undertook the comprehensive training program on infrastructure regulation offered by the Public Utility Research Center at the University of Florida in June 2006. With the government’s commitment to sector reforms and implementation of institutional strengthening activities, the deregulated power sector saw a very impressive turnaround. Total 4 investment in the energy sector with private participation totaled $803 million since 1998. $603 millon, or 75%, of this investment occurred after PPIAF’s efforts in the period from 2006–2010, compared to a volume of $200 million in the previous period. Distribution companies were privatized and operated at a profit—three private companies owned by Inter-RAO (Russia), Energo-pro (Czech Republic), and Akhema Group (Lithuania). There was also significant existing private investment in generation assets—46 power plants under private ownership by: Inter-RAO (Russia); Energo-pro (Czech Republic); EPC (China); as well as German, Ukrainian, and other foreign and Georgian companies. Strong government support for developing hydropower resources provided the impetus to simplify 5 investment procedures. These changes corresponded to a large increase in Georgia’s Ease of Doing th Business Index ranking, which was 12 out of 183 countries in 2011, and leads the ranks for improving 6 ease of business over a five-year horizon. Results of PPIAF’s Activities in Assisting the Harmonization of Legislation in Georgia’s Energy Sector Category Outputs Enabling environment reform  Tariff Methodology and Implementation Approach for the Georgian Electricity and Natural Gas Industries, 2006  Recommendations on the Legal Framework for the Georgian Electricity and Gas Sectors, 2006 Plans/strategies prepared  Recommendations on the Institutional Structure of the Georgian National Energy Regulatory Commission , 2006  Recommendations on the Communications Strategy of the Georgian National Energy Regulatory Commission, 2006 Capacity and awareness building  Four-day training session on proposed tariff methodology Implementation, October 2005  Stakeholder workshop and presentation of findings, Workshops/seminars February 18, 2006  GNERC staff participated in Public Utility Research Center International Training Program on Utility Regulation and Strategy, June 2006 4 PPI Database Georgia Country Snapshot: http://ppi.worldbank.org/explore/ppi_exploreCountry.aspx?countryID=81 5 Ministry of Energy, Georgia http://www.investingeorgia.org/upload/file/Energy_Sector_of_Georgia.pdf 6 Doing Business Report - http://www.doingbusiness.org/data/exploreeconomies/georgia/ 3 Category Outcomes Enabling environment reform Institutions created or strengthened  GNERC’s capacity as a regulator strengthened, 2006 Plans/strategies adopted  External communication strategy implemented, 2006 Capacity and awareness building  Trainings on utility regulation enhanced the technical Technical capacity enhanced capacity of GNERC members and staff, June 2006 Establishing a Framework for Private Participation in the Road Sector Improvement in transport networks is critical for trade, the second largest sector of the Georgian economy, accounting for 13% of GDP and 11% of employment. The modernization and rehabilitation of the main transit routes are therefore of paramount importance to Georgia. Georgia’s road investments have so far mostly been donor-financed and have been insufficient to provide immediate technical support to design and implement an appropriate legislative framework for PPPs. The government had identified one particular corridor as a potential PPP pilot transaction —the rehabilitation and concessioning of the Rikoti tunnel. PPIAF assisted the government of Georgia in reviewing the legal, policy, and administrative framework for the road sector to ensure that it promotes private sector involvement. PPIAF also provided technical assistance for the design the preliminary structure for the Rikoti tunnel pilot project. The concessioning of the Rikoti tunnel was not successful due to liquidity constraints during the global financial crisis, but the PPIAF activity provided the basis for the government to re-examine the possibility of concessioning the tunnel and a section of the East West Highway. In addition, the International Finance Corporation is currently advising the government on the concessioning using toll revenues from the Rikoti Tunnel to reduce the capital outlay required by the private sector. The estimated investment for the Tbilisi–Rikoti segment of the highway is $168 million. Positive fiscal benefits to the government of Georgia could be significant although they cannot be accurately estimated at this time. Results of PPIAF’s Activities in Assisting Georgia’s Establishment of a Framework for Private Participation in the Road Sector Category Outputs Enabling environment reform Analyses/assessments prepared  Financial feasibility report for the pilot corridor, October 2006  Report on Framework for Private Sector Participation in Road Plans/strategies prepared Sector was produced, August 2006 Project cycle-related assistance  Implementation option for a pilot project was developed Transaction support including specific amendments to enabling legislation were recommended, January 2007 4 Category Outcomes Enabling environment reform Policies adopted, legislation  Government adopted key recommendations of the study, passed/amended, or regulations including specific amendments to enabling legislation, 2007 issued/revised Project cycle-related assistance  PPIAF activity contributed to the development of the PPI agenda in the road sector in Georgia and the subsequent Transactions facilitated tender of the Rikoti Tunnel rehabilitation project was successful and a lease was signed with a Chinese company Implementing Railway Reform Using Long-Term Private Partnership Contracts with Freight Services In 2006 the Georgian Railway was in the process of restructuring its operations. Options for privatization of passenger and freight operations, and possible private sector involvement in the maintenance and/or management of rail infrastructure were under serious discussion in the government. The railway’s traffic has been highly concentrated in transit oil products, which are shipped in large quantities by a handful of customers. This characteristic makes the establishment of long-term volume contracts with customers feasible, potentially involving private ownership of rail rolling stock. Technical assistance was provided to help Georgian Railway reach a mutually beneficial long- term volume contract with at least one major customer, to demonstrate the benefits of such contracts for the railway, and to coach railway staff in how to identify, develop, and negotiate additional contracts in the future. Two reports were submitted in February and June 2007. A comprehensive costing model to support pricing decisions and a market analysis to prepare traffic forecasts were completed in 2007. Despite the potential of this approach, Georgian Railway management decided to privatize the railway instead. Interested private parties had been invited to submit their expressions of interest by late January 7 2008. However, no further action on the privatization has been taken. Results of PPIAF’s Activities in Assisting Georgia to Implement Railway Reform Using Long-Term Private Partnership Contracts with Freight Services Category Outputs Enabling environment reform  Financial feasibility report for the pilot corridor, December Analyses/assessments prepared 2007  Strategy-Based Transformation and Implementation—Plan for Plans/strategies prepared Georgian Railway, December 2007 Capacity and awareness building  Extensive training of the railway staff on commercial and Workshops/seminars marketing issues, September 2007 7 http://siteresources.worldbank.org/EXTRAILWAYS/Resources/515244-1268663980770/caucasus_study.pdf 5 Category Outcomes Capacity and awareness building  Capacity of Georgian Railway staff, particularly the marketing Technical capacity enhanced department, enhanced through trainings September 2007 6