uci center for urban infrastructure the new generation of transportation financing in california

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UCI Center for Urban Infrastructure The New Generation of Transportation Financing in California Karen J. Hedlund, Esq. Nossaman Guthner Knox & Elliott LLP March 7, 2003 Tax-Exempt Financing for Public-Private Transportation Projects

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Tax-Exempt Financing for Public-Private Transportation Projects. UCI Center for Urban Infrastructure The New Generation of Transportation Financing in California. Karen J. Hedlund, Esq. Nossaman Guthner Knox & Elliott LLP March 7, 2003. Virginia Greenway SR 91 Express Lanes - PowerPoint PPT Presentation

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Page 1: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

UCI Center for Urban InfrastructureThe New Generation of

Transportation Financing in California

Karen J. Hedlund, Esq.Nossaman Guthner Knox & Elliott LLP

March 7, 2003

Tax-Exempt Financingfor

Public-Private Transportation Projects

Page 2: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Few Equity Projects in the U.S. Have Gone Forward

Virginia Greenway

SR 91 Express Lanes Acquired by OCTA

SR 57 Franchise terminated

SR 125 AB Macquarie investment

Page 3: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Few Asset Sales in U.S.

Privatizations mostly in water/wastewater sector

Airport demonstration program – a dud

Chicago Skyway auction expected in April 2003

Page 4: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Equity Investments in Tollroad Projects

0

200

400

600

800

1000

1200

US Canada Australia Europe

Source: Macquarie Infrastructure Group

US v. World(Macquarie Infrastructure)

Page 5: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Cause: Federal tax code discourages private investment in highway and

transit projects!

Page 6: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Tax-Exempt Bonds Preclude Private Investment—With Exceptions

Since 1969 interest on “private activity bonds” subject to federal income tax

Except: “exempt facilities”

Most “exempt facilities” bonds subject to statewide volume caps not airports, ports

Page 7: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Long-term Management Contracts Constitute “Private Use”

Safe harbor for “fixed fee” contracts

15-year max term

No compensation based on net revenues “One-time” incentive compensation payment

allowed

Page 8: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

No “Private Activity Bond” Exception for Highway/Transit

Airport Terminals – No volume cap Port Facilities – No volume cap Water/Wastewater – Subject to cap Solid Waste – Leases exempt High Speed Rail – Special provision

Rationale: no private involvement in highways in 1970s when PAB exceptions legislated

Page 9: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Result: “Private” Deals Convert to “63-20” Non-profit Structures

Non-profit Pocahontas Parkway S.C. Southern Connector Las Vegas Monorail

Private to non-profit converted to fully public financing:

Tacoma Narrows

Page 10: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Do We Need Private Equity? “Equity Is More Expensive!”

Equity supports higher risk

Equity cushions debt – makes debt cheaper or more saleable

Projects selected on feasibility/need v. politics

Attracts world-wide experienced owner/operators

Page 11: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Advantages of Tax-Exempt Debt

20% lower interest cost – millions over the life of the project

More favorable market

Longer maturities

Less stringent covenants

General comfort level with governmental issuers

Page 12: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Solution:

Congress must create a level playing field for private investment

Page 13: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

1997/99 – “HICSA”

“Highway Innovation and Cost Savings Act” first introduced by Sen. Chafee in 1997

Reintroduced in 1999

$15 b in bonds for up to 15 highway demonstration projects

Budget “scoring” only $102m – 2000-2009

Included in Tax Bill that passed House and Senate –vetoed by Pres Clinton

Page 14: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

2001/2002 – S. 870 “Multitrans”

Multimodal Transportation Financing Act – introduced by Chrm. Bob Smith (NH) May 2001

Highways and transit Multimodal facilities

Air/rail Truck/rail

Volume cap exemption Permits second advance refunding to reduce

financing costs upon completion of construction and end of ramp up

Attempts to attach Davis-Bacon requirements could cost Republican support – would be only tax-exempt bond category subject to federal prevailing wage requirement

Page 15: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Multitrans – Future Prospects?

Page 16: UCI Center for Urban Infrastructure The New Generation of  Transportation Financing in California

Contact

Karen J. HedlundPartner

Nossaman Guthner Knox & Elliott LLPPhone: (213) 612-7854 Fax: (213) 612-7801

Email: [email protected]