Nossaman LLP

Barney A. Allison

Partner

T 213.612.7847
F 213.612.7801
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017

For 30 years, clients have relied on Barney Allison for practical and strategic guidance in the public finance and infrastructure fields.

Mr. Allison offers public agencies unique expertise with specialized finance issues in infrastructure transactions.  These include the use of public and private debt, private equity and federal credit assistance – particularly the TIFIA and Private Activity Bond (PAB) programs.  He helps clients navigate through all elements of public-private partnerships (PPPs) and other innovative project delivery methods.

Chambers-rated nationally and globally in the field of PPPs, Mr. Allison is a nationally recognized bond counsel and has acted as bond, underwriter, disclosure, issuer and special developer counsel for capital improvement projects involving a wide range of revenue and funding sources.  He has guided a variety of financing transactions for bridges, tunnels, highways and toll roads; transit and commuter rail systems; and government office buildings, parking complexes and criminal justice centers.

Representative Work

  • Indiana Finance Authority – East End Crossing.  Key member of the legal team advising on PPP procurement for this $1.18 billion, six-lane toll bridge across the Ohio River.  The agency contracted with a joint venture of Walsh/VINCI/Bilfinger for the DBFOM project, which achieved procurement in record time.  Financing included $194.5 million in short-term bonds secured by milestone payments and $482 million in long-term bonds secured by availability payments.  Scheduled for completion in 2017, the project broke new ground: It is the first PPP transportation deal that does not use TIFIA funds in its capital structure, and features the first PPP availability project debt to receive a "flat" investment-grade rating from both Standard & Poor's and Fitch.  Mr. Allison handled PAB-related matters and continues to assist with contract administration.  In 2015, East End Crossing won the International Road Federation's "Global Road Achievement Award for Project Finance and Economics."  The bridge earned PPP Bulletin International's "Best Global Road Project," and "Best Global Infrastructure Project" honors in 2014.  The structure captured several awards in 2013: The Bond Buyer named it "Deal of the Year" - a first for a PPP transaction.  The American Road and Transportation Builders Association honored East End as "P3 Project of the Year," and Project Finance International selected it as "Americas Transportation Deal of the Year."  Project Finance Magazine highlighted it as "North American Project Bond Deal of the Year," and Partnerships Bulletin honored East End with "Projects Grand Prize" and "Gold Prize" for best PPP road project.  The same year, Infrastructure Journal named the project a finalist for "Transport Deal of the Year."  
  • Indiana Finance Authority – I-69 Section 5. Key member of the legal team advising on the $370 million DBFOM availability payment PPP procurement and contract for Section 5 of this six-phase highway project.  The section, Indiana's second availability payment project following East End Crossing, will run 21 miles between Bloomington and Martinsville, turning SR 37 into an interstate highway.  Improvements will include four new interchanges and four new overpasses and upgrades to existing interchanges and overpasses.  The agency awarded a contract to Isolux Infrastructure Netherlands B.V. in April 2014 and Section 5 reached financial close three months later.  The project, which utilized $244 million in PABs and $41 million in private equity, is scheduled to open by the end of 2016, several years ahead of schedule.  Mr. Allison had primary responsibility for the drafting the public-private agreement, as well as analyzing and addressing specific finance issues.  He is currently lead counsel advising IFA/INDOT on contract administration matters.
  • California Department of Transportation – Presidio Parkway.  Leader of the legal team advising on this $1.1 billion project to rebuild a spectacular natural gateway connecting the Golden Gate Bridge with the City of San Francisco.  The parkway, which traverses an environmentally sensitive national park and a national historic landmark district, is the first procurement under California's PPP law and only the third highway project developed under an availability payment PPP in the U.S.  Mr. Allison advised on the DBFOM procurement and contract documents with a Hochtief/Meridiam joint venture.  He also assisted in closing the project financing, which included $45.6 million in equity, $166.6 million in senior bank loans and a $150 million TIFIA loan.  When the project was challenged in a lawsuit, he kept it on track and assisted Caltrans in its successful response.  The project, which opened to traffic in July 2015, captured several honors.  In 2013, P3 Bulletin named it a finalist for "Best Transport Project of the Year."  In 2012, the parkway improvement also won "Americas P3 Deal of the Year" from Project Finance International; "North American P3 Deal of the Year" from Project Finance; "P3 Project of the Year" from ARTBA; and "Best Real Estate Deal of the Year, Infrastructure/ Public-Private Partnership" from San Francisco Business Times.
  • City of Indianapolis – Marion County Justice Center.  Key member of the legal team that advised on all aspects of this innovative availability payment PPP project to consolidate the City's criminal justice functions into a single efficient center.  The plan, one of the first of its kind for a justice complex, called for $500 million of up-front design, construction and financing costs to shift to a private partner responsible for operating, maintaining and upgrading the facility for 35 years.  The 1.2-million-square-foot facility combined a new adult detention center with a community corrections facility, courthouse, sheriff's department offices and new surface parking facilities.  The City released an RFP to three shortlisted teams in June 2014 and selected a preferred bidder in December 2014.  After successfully completing negotiations with the bidder, the Mayor and City staff recommended awarding the project and advancing to commercial and financial close.  The City Council, however, decided not to move forward with the complex and cancelled the procurement.  Mr. Allison was primary counsel responsible for drafting the public-private agreement and analyzing and resolving finance issues.
  • Texas Department of Transportation – Highway 161.  Advisor on financing this design-build project – a $1.1 billion, 11.5-mile extension of the President George Bush Turnpike that opened in 2012.  A Fluor-led joint venture developed the project, a joint effort of the North Texas Tollway Authority and TxDOT.  Mr. Allison negotiated and drafted a toll-equity loan agreement with NTTA, settling the terms by which TxDOT will advance state funds to cover eligible project costs.  He also advised on the assignment of NTTA's rights under the design-build contract as security and counseled the client regarding its inter-creditor arrangement with TIFIA.
  • San Joaquin Regional Rail Commission – Altamont Commuter Express Commuter Rail Project.  Bond and disclosure counsel in connection with financing this 86-mile commuter rail service that connects Stockton with burgeoning job opportunities in the Silicon Valley.  In 2011, ACE began construction of a $65 million equipment maintenance and layover facility on the north side of Stockton.  A portion of the financing was issued as "Economic Recovery Zone Build America Bonds." 
  • Orange County Transportation Authority – 91 Express Lanes.  Special counsel in connection with issuance of tax-exempt toll road revenue refunding bonds to refinance existing taxable bonds.  The 10-mile stretch of four toll lanes within the median of an eight-lane freeway connects rapidly growing residential areas in Riverside and San Bernardino Counties with major employment centers in Orange and Los Angeles Counties.  The project marked the world's first fully automated toll road using electronic transponders to collect tolls.  In 2003, OCTA bought the 91 Express Lanes from the concessionaire, a Cofiroute/Kiewit/Granite joint venture.

Awards & Honors

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Chosen for individual recognition for Projects: PPP - Nationwide by Chambers USA 2014-2015.

Named a Southern California "Super Lawyer" for Government Finance in 2015 and 2014 by Los Angeles magazine

Named to the Daily Journal's "Top 30 Real Estate Attorneys" list in 2012

Bio Photo
Bio Photo

Practices

Education

J.D., University of Southern California School of Law, 1979

B.A., Amherst College, 1976, with honors

Admissions

California

Professional Affiliations

National Association of Bond Lawyers

Member, Transportation Research Board - Revenue and Finance Committee

Awards & Honors

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Chosen for individual recognition for Projects: PPP - Nationwide by Chambers USA 2014-2015.

Named a Southern California "Super Lawyer" for Government Finance in 2015 and 2014 by Los Angeles magazine

Named to the Daily Journal's "Top 30 Real Estate Attorneys" list in 2012

     
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