p3 working - cdn.ymaws.com
TRANSCRIPT
Public/Private Partnerships:Examples and Opportunities
What’s “New” and What’s “Not”
OLD: P3s have been used to accomplish Project Finance for decades
NEW: More recently the use of P3s has expanded to include more types of Public Projects
P3 Working Definition
•Public & Private Entities• Formal Agreement
• Sharing Risks and Rewards
•A Public Works or Mixed Use Project (or both)
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Build
Finance
Design
Operate
Maintain
Types of P3
Structures
Good Reasons to Consider a P3
• Fast‐track design (save time)
• Fix costs for construction and/or operation
• Access more capital
• Access “Experts”
• Lower operating / maintenance costs
Bad Reasons to Pursue a P3
• It sounds like a cool concept
•We believe the Promoter’s projections (without investigation)
• It is politically expedient to turn the problem over to someone else
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If the Public Entity can’t
clearly articulate WHY it is
pursuing a P3 . . . The P3 is almost certain to fail
Negotiating Public – Private Partnerships
• Negotiation and documentation is critical
• Written agreement seldom a true joint‐venture “partnership”
• Each side should contribute, share risks and benefits
• Public partner needs to keep its ultimate objective in mind throughout negotiation
Negotiating Public – Private Partnerships
• Public partner must keep ultimate objective in mind
• Private partner will need to make a profit
• Prepackaged P3s probably aren’t the best deal
• Exit strategy
• Public partner should have its own legal and financial consultants
• Public partner should be willing to walk away
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When P3s Go Wrong• I‐69 Indiana: Rebuild 21 miles of highway and maintain it for 35 years• Design‐Build‐Finance‐Maintain‐Operate project 2 years late and $140 million over budget
• Private partner fails and project is taken over by the state
• Chicago Parking Meters: 75 year lease of City’s parking meters in exchange for upfront payment of $1.16 billion• Before the lease, the City took in $23.8 million in annual parking meter revenue
• Private partner more than doubled parking rates and now brings in more than $130 million annually
• City has to pay private partner for unavailable spaces ($17.3 million in 2017)
• City may have received $2 ‐ $4 billion more in revenue by continuing to operate the system itself
When P3s Work, They Solve the Funding “Gap”
$0$2,000,000$4,000,000$6,000,000$8,000,000
$10,000,000
Desired Cost ofProject
"Traditional"Funding Sources
The Funding "Gap"
$10,000,000.00 $7,000,000.00
$3,000,000.00
Capital Project “Funding Gap”
How to solve the Funding Gap
Solution #1 Solution #2
Use someone else’s money
Use more of your money (but make it more attractive to do so)
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Solution #1 – Other People’s Money
•Tax Credits•Governmental Contribution•TIF•Special Taxing District•Other incentives
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P3s Can Work
Enterprise Center Renovations
St. Louis, Missouri
P3s Can WorkSt. Louis Community Ice CenterMaryland Heights, Missouri
• City financial contribution and ownership• Legacy Ice Foundation contribution and management
• St. Louis County Port Authority contribution
• CID• Tax‐Exempt Bonds
• State Tax Credits• Leases to St. Louis Blues, Mercy Healthcare, and Lindenwood University
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Tax Increment Financing (TIF)
Objective: Redirect future increase in property taxes/economic activity (the “Increment”) to finance certain project costs
Taxing districts continue to receive base level of taxes produced by project area before project completion
Once Redevelopment Costs are paid, tax revenues go to local taxing districts
P3s Can WorkSt. Louis, MissouriCity Foundry• TIF
• CID/TDD
• Tax Abatement
• Brownfield Tax Credits
• State/Federal Historic Tax Credits
• Opportunity Zone
P3s Can WorkSt. Charles, MissouriUniversity Commons
• TIF
• CID
• New Markets Tax Credit
• Participation from Lindenwood University
• U.S. Postal Service Lease
• County/City participation in West Clay Avenue extension
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Special Taxing Districts
• Generate operating revenues (e.g., Parking Garage) • Impose sales taxes• Impose property taxes and special assessments
P3s Can Work
New Town at St. Charles
St. Charles, Missouri
P3s Can WorkWentzville, MissouriWentzville Logistics Center• Chapter 100 real property tax abatement and sales tax exemption on construction materials
• Public infrastructure improvements to accommodate increased truck traffic funded by:• Developer contribution• St. Charles County• Transportation Development District
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Tax Credits – Examples• Federal Tax Credits
• Low‐income housing tax credit (LIHTC)
• Investment tax credit
• New markets tax credit
• Missouri Tax Credits
• Brownfield tax credits
• Affordable housing tax credit
• Historic preservation tax credit
• Missouri Works
• Missouri BUILD
Public Hospital P3 Uses NMTC • Non profit/governmental hospital
• NMTC Investor has $3.3MM & borrows $6.7MM to fund a $10MM equity investment in P3 hospital project.
• Investor receives $3.9MM of federal NMTC over the next 7 years (39% of $10MM).
• Tax Credit Investor has a 4% tax‐free return even if it never recovers any of $3.3MM due to the value of the tax credit over time
• Financing on a tax‐exempt basis; dealing with the $6.7 debt; and getting the NMTC out of the transaction requires some complex legal structures
A Real World NMTC Structure
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Tax Increment Financing 1.0
Base Year Assessment
Base Year Collections
Base Year Collections
50% TIF
$$ available to finance eligible
costs
$$ distributed to taxing
jurisdictions
Real Property Taxes Sales Taxes
50% to Taxing Districts
Pre‐TIF During TIF
How do these tools fit into the Capital Stack?Monetize upfront through a bond issue Secure additional private debt
Solution #2 – Make it Attractive to Investment
• Property Tax Abatement
• Sales Tax Exemption
• Tax‐Exempt Financing
• Tax Credits
• Opportunity Zones
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Property Tax Abatement & Sales Tax Exemption
• Property tax temporarily reduced or eliminated
• Sales tax exemption on construction materials (exemption certificate)
• Effects:
• Private partner can spend more on development
• Public benefits from increased economic activity and/or job creation
• Performance Standards: define project scope & set appropriate remedies for violation
Tax‐Exempt Debt Adds Dollars to Capital Stack• 15‐year revenue stream available to pay debt service: $1,000,000 per year• Taxable Interest Rate = 5.8%• Tax‐Exempt Interest Rate = 4.5%
• Proceeds of a Taxable borrowing: $10 million
• Proceeds of a Tax‐Exempt borrowing: $10.9 million
• Tax‐Exempt Financing Provides $900,000 of Additional Proceeds for Project
P3 Opportunities Rural Broadband
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Is it a Technology Problem?
It’s a “Funding Gap”
System acquired/constructed 2000
GO bond funding
Sold system 2015
Poplar Bluff, Missouri
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WHEREAS, the City of Poplar Bluff owns and operates a cable television system that provides cable television, high speed data, and other services to customers in and around the Cityof Poplar Bluff; and,
WHEREAS, due to concerns about the future viability of the current system in light of advances in technology and the City's ability to continue to operate such a system in light of ever increasing costs and a finite customer base, the City, through its Municipal Utilities Department, has explored the possibility of selling the cable television system,
• Economies of scale
•Available staff•Hostile competitive environment
Public-Private Partnership Customer Model
Underlying assumptions:
1. Telecoms are not conspiring to destroy rural America.
2. Telecoms will only build out if likely to earn profit.
3. Municipalities can be Telecom customers
4. Municipal capital and/or revenues can induce Telecoms to expand service
Public-Private Partnership Customer Model
Municipal Partner• Provides –
• Upfront payment and/or extended payment
• Receives –• Guaranteed broadband service to local households/businesses (Examples – remote utility metering; gov. communication; library etc.)
• Fixed cost for service • Broadband infrastructure available to citizens (derivative benefit)
Telecom Provides• Provides
• Construction Expertise• Operational Expertise
• Receives• Additional revenue and capital source
• Lower cost of capital• Enhanced access to federal funding (more later)
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Recycling & Solid Waste
P3s
Landfills in many regions of the United States are nearing capacity
P3s & Recycling
Public entity provides the waste “input”
Public entity may purchase recycling facility output (biofuel or energy)
Public entity provides tax‐exempt private activity bonds to finance
Federal and State income tax credits may be available for biofuel or energy produced
P3s & Recycling –Risks
• Technology / Engineering Risks
• Private Partner’s Financial Capacity
• Federal Tax Risk (Credits Expire)
• Disposal of Waste if Facility Closes
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Fulcrum / Sierra Biofuels Plant Storey County, NV
P3s Can Work:Organic Waste to Fuel Example
P3s Can Work:Organic Waste to Biogas Example
Mead, NE – Animal Waste
P3s Can Work: Affordable Housing
Lack of affordable housing close to work
Longer commutes
More Traffic
Higher infrastructure cost
Increased transportation costs; fatigue and health issues
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Traditional P3 Solutions
• Low income housing tax credit (LIHTC) State & Federal
• Qualified Private Activity Bonds
Rental
• Single family mortgage revenue bonds
Home ownership
Private Activity Bonds Rental Housing Benefits/ Requirements
Can finance up to 100% of land and depreciable assets in the project (includes “market rate units”)
Interest is tax‐exempt & not subject to alternative minimum tax (a good thing)
If more than 50% of restricted units financed with tax‐exempt private activity bonds – 4% LIHTC available
“Stacking” approach
• 20% Federal Income Credit for rehabilitation of certified historic structures + state credit
• NMTC – for commercial
• TIF; Special taxing districts; Special assessments
• NEW – Opportunity zones
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P3s Can Work: Arcade Apartments – St. Louis, Missouri
• Development Costs ‐ $118,000,000• Contributing Partners: STL LCRA, Webster University, Dominium, STL (City) IDA• Units: 282 Units (202 affordable units; 80 market‐rate)• Affordable Artist Lofts – 11,000 sq ft in shared studio space (performance studio,
music practice room, pottery kiln)
Arcade Apartments – St. Louis, Missouri
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Arcade Apartments – St. Louis, Missouri
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Questions?
Mark SpykermanGilmore & Bell, P.C.211 N. Broadway, Suite 2000St. Louis, Missouri 63102
(314) 436‐[email protected]
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