investment identification, and the allocation of risks
and revenues according to the possibilities and needs
of the project participants. However, there are also
critical issues related to the complexity of the process
and the proper identification of stakeholders to whom
to allocate risks. In particular, it can be noted that
urban regeneration interventions generate several
indirect effects, such as changes in property values
(increase and decrease) that benefit private subjects,
leading to the issue of privatization of these benefits,
[2].
In recent decades the avoidance of privatization
has played an increasingly important role in the
structuring of PPP interventions, to the point of
creating what in the literature is called value
sharing/value recapture/land value recapture, whose
principles are based on the appropriate redistribution
of the benefits derived from urban transformation
interventions. The forms of value sharing and value
recapture range from fiscal regulations to urbanistic
regulations (betterments and windfalls for wipeouts)
up to the recent institution in Italy of the
Extraordinary Urbanization Contribution (EUC) with
the letter d-ter to co.4 of Article 16 of the
Consolidated Construction Act (D.P.R. n. 380/2001),
introduced by Law No. 164 of 2014 and amended by
Law No. 76 of 2020.
This is a contribution to be paid by the private
subject to the PA in an amount not less than 50% of
the surplus value generated by the interventions on
areas or properties in urban planning variant or in
derogation; this amount is calculated by the
municipal administration and is reserved for the
realization, in the context in which the intervention
falls, of public spaces, infrastructures, and services,
[3]. The transposition of the normative at the regional
and then at the municipal scale appears fragmented,
non-transparent, and confusing, especially about
consistency with the dictates of Estimation: in fact,
the application of the regulations provides for the
substantial determination of the transformation value,
which therefore should be conducted, both on the
methodological and on the operational profile,
respecting the cardinal principles of estimative
methodology. Moreover, when the complexity of
urban transformation interventions requires the
analysis of the time factor, the regulations do not
provide provisions on how to determine the surplus
value. In a situation of scarcity of public resources, it
is necessary, in addition to a rationalization of
collective public spending, to give the possibility to
access to funding sources through processes of
equitable sharing between the public and private
sectors that can assess the complexity of such kind of
interventions, [4].
In this sense, Italy stands in line with other more
virtuous European countries such as Spain and
England by giving the possibility to apply the
principles of better distribution between public and
private subjects of the surplus value that can be
generated. In this way, the correct determination of
the EUC can support the acquisition and allocation of
more resources to initiate virtuous city development
that can meet the new and dynamic needs of citizens
by avoiding the "privatization" of benefits but
supporting the sharing of costs, [5].
There are several forms of PPP oriented towards
social and environmental issues, to reduce the
privatization of benefits. Indeed, the tendency of
investors to make investments with objectives
different from the exclusive maximization of profit,
therefore in line with the Sustainable Finance
principles, has led to the spread of new forms of PPP
that strongly depend on the effective and measurable
social and/or environmental impacts achieved.
The principles that guide these novel PPPs pertain
to the ones of Impact Finance, born after the
economic crisis of 2008 into which the limits of the
maximization of the profits have been highlighted.
Moreover, the growing environmental and social
critical issues that the governments must face after
the requirements set within several official
disclosures, such as the Paris Agreement, Kyoto
Protocol, Green Deal, and Sustainable Development
Goals, have contributed to the formation of PPP
forms that both achieve the established
environmental/social impacts by guaranteeing the
conveniences of the public and private subjects
involved.
Among the most innovative PPP forms, there are
the Social Impact Bonds (SIB) which consist of
bonds intended for the implementation of public
utility interventions with remuneration for investors
only in case of actual generation of positive social
impacts. These are bilateral contracts between the
parties involved to achieve certain measurable social
impacts, in which the risk of failure is borne by the
entity funding the initiative, [6].
Other instruments have been created to guarantee
investments in projects that have a positive impact on
the environment. The most used are the Green
Bonds, or debt instruments issued in the renewable
WSEAS TRANSACTIONS on ENVIRONMENT and DEVELOPMENT
DOI: 10.37394/232015.2023.19.82
Pierluigi Morano, Francesco Tajani,
Debora Anelli, Emma Sabatelli