David B. Horner focuses on public-private partnerships involving the acquisition, financing, maintenance, and development of transportation infrastructure in the United States.
Recognized by Chambers (USA) as a “Leader in the Field” (Band 3), nationwide, in the category of USA Projects: PPP, David is one of the few practitioners in the US PPP market with combined experience in the transactional, public policy and federal regulatory aspects of infrastructure public-private partnerships.
From 2005 until 2009, David served at the US Department of Transportation as Deputy Assistant Secretary for Transportation Policy and Chief Counsel of the Federal Transit Administration. At the Department, David was involved in all aspects of the US Secretary of Transportation’s initiative to promote private investment in the US transportation network.
Since returning to private practice in 2009, David has acted as counsel on multiple landmark PPP transactions and “market firsts,” including (i) the Pennsylvania Department of Transportation’s award-winning Rapid Bridge Replacement Project, the first multi-asset transportation PPP in the United States, (ii) the Commonwealth of Puerto Rico’s $1.1 billion long-term concession of PR-22, the largest toll road in Puerto Rico, (iii) the $483 million long-term lease of The Ohio State University’s Parking System, the first university parking system monetization in the United States, and (iv) the long-term lease and concession of the water and wastewater systems of the Borough of Middletown, Pennsylvania. While Chief Counsel of the Federal Transit Administration, David conceived and implemented FTA’s Public-Private Partnership Pilot Program (or “Penta-P”), the federal initiative that enabled the $1.5 billion FasTracks public-private partnership led by the Denver Regional Transportation District, a model for the market today. In addition to his transactional work, David is noted for his advice to state departments of transportation on PPP program creation and pre-tender project development.
David’s recent or current representations include acting as lead project counsel for:
- A national utility provider on its bid to acquire the $1.1 billion long-term concession of The Ohio State University Utility System.
- A leading transportation infrastructure fund on its bid to acquire a long-term concession and lease of the parking system at Sky Harbor International Airport in Phoenix, Arizona.
- A leading infrastructure fund on two long-haul fiber-optic projects in the United States.
- A mid-Atlantic department of transportation on its DBFOM of a city-wide street lighting infrastructure project.
- A southeastern department of transportation on its proposed Broadband Fiber Optic Network PPP Project along I-95 and US 70.
- A northeastern turnpike authority on its DBFOM of a Broadband Fiber Optic Network PPP Project along its 550-mile right-of-way.
- A leading transportation infrastructure fund on its bid to acquire American Roads, LLC from Syncora Guarantee Inc.
- A national water system operator on its bid to acquire equity in the developer of the Vista Ridge Water Pipeline Project and for a long-term operations and maintenance agreement with the developer.
- A leading infrastructure lender in connection with a high-speed rail project in the United States.
- JD, Washington and Lee University School of Law, 2000
- MPhil, Politics, Oxford University, 1993
- BA, Political Science, Kenyon College, magna cum laude, Phi Beta Kappa, 1991
- District of Columbia
- New York
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