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Infrastructure Puzzle
David J. Robinson, The Montrose Group, LLC Raymond C. Headen, Headen & Co., LLC
3/22/2015
1
Infrastructure Puzzle
3/22/2015
2
Experience
Intro & Role of
Infrastructure
in Economic
Development
Infrastructure
Puzzle Model
Local Public
Finance Tools
Local, State &
Federal
Programs
Infrastructure Puzzle
3/22/2015
3
Public Policy & Economic
Development Consulting
$100M Gained for Clients
Multi Industry Corporate Site
Location Experience
Multi-State Corporate Site
Location Experience
The Montrose
Group, LLC
Infrastructure Puzzle
3/22/2015
4
 David J. Robinson
◦ Principal of the Montrose Group, LLC
◦ Adjunct Professor, Ohio State
University, Economic Development
Policy
◦ Former
 Attorney, Large Ohio Law Firms
 Ohio House of Representative Member
 Senior Staff, Mayor of Columbus
 Economic Development Director,
Ameritech
 General Counsel, Ohio Chamber of
Commerce
Infrastructure Puzzle
3/22/2015
5
 Nate Green
 Director, Economic Development, The Montrose Group, LLC
 Vice Chair, Bexley CIC
 Former:
• Vice President, Piper Jaffray
• Manager, JobsOhio
• Director, SBID Division, Ohio Department of Development
• Executive Director, Pickaway Progress Partnership, a CIC
• Corporate Finance Manager, Cleveland-Cuyahoga County Port
Authority
• President, Ohio Economic Development Association
Infrastructure Puzzle
3/22/2015
6
 Headen & Co., LLC
 Headen & Co., LLC is a boutique Ohio law firm offering a range of
legal services.
 Raymond C. Headen has over twenty-five years of experience
serving as
 lead counsel in all areas of public and private finance and served as sole
bond counsel, sole underwriter’s counsel, issuer’s counsel and credit
enhancement counsel
 in all types of State of Ohio, public and private college and university,
Ohio local government, port authority, 501(c) 3, healthcare, leasing,
special assessment, TIF and economic development tax-exempt and
taxable bond financings as well as in commercial real estate financings
as lender’s counsel and borrower’s counsel.
Infrastructure Puzzle
3/22/2015
7
The Montrose Group, LLC’s Infrastructure Financing Experience
 The Montrose Group, LLC gained over $100M in project and infrastructure
financing for a range of clients facing infrastructure challenges listed below:
 Broadband: gained funding for multiple regional broadband networks;
 Brownfields: gained Brownfield redevelopment grants for infill housing
and retail centers;
 Road, Water & Sewer- gained local, state and federal grants and
negotiated Tax Increment Financing and other public finance tools developed
infrastructure funding strategies; and
 Workforce: gained workforce development grants for public and private
sector clients.
Infrastructure Puzzle
Introduction
• Infrastructure & Economic
Development
• Impact of Financial Services
Crisis and Real Estate
Collapse
• New Model for Infrastructure
Development- Infrastructure
Puzzle
3/22/2015
8
Infrastructure Puzzle
What is Infrastructure
• Aviation
• Bridges
• Dams
• Drinking Water
• Energy
• Hazardous Waste
• Inland Waterways
• Levees
• Ports
• Parks & Recreation
• Rail
• Roads
• Schools
• Solid Waste
• Transit
• Waste Water
3/22/2015
9
Infrastructure Puzzle
•Traditional Government Role
•State and Local Government
•Public Finance Tools
•Developer Finance Tools
Role of Infrastructure &
Economic Development
3/22/2015
10
Infrastructure Puzzle
• Links to Industry Targets
• Energy Industry- Solid Waste, Bridges, Drinking Water,
Hazardous Waste, Rail, Roads
• Global Industry- Ports, Rail, Roads
• Service Industry- Aviation, Schools, Transit
• Manufacturing Industry- Energy, Inland Waterways, Ports,
Levees, Waste Water
• Technology Industry- Aviation, Schools, Parks & Recreation,
Transit
Role of Infrastructure & Economic Development
3/22/2015
11
Infrastructure Puzzle
• National Infrastructure Crisis
• ASCE Infrastructure Report Card
• Aviation- D
• Bridges- C+
• Dams- D
• Drinking Water- D
• Energy- D
• Hazardous Waste- D
• Inland Waterways- D
• Levees- D
• Ports- C-
• Parks & Recreation- C+
• Rail- C+
• Roads- D
• Schools-D
• Solid Waste- B-
• Transit- D
• Waste Water- D
Role of Infrastructure & Economic Development
3/22/2015
12
Infrastructure Puzzle
• It is not the 1990’s
• Wall Street Investment Bank Collapse
• Real Estate Market Contraction
• State and Local Government Budget Challenges
• Lack of Federal Government Consensus
Impact of Financial Services Crisis
and Real Estate Collapse
3/22/2015
13
Infrastructure Puzzle
• Banks Restricted by New Federal Regulation
• Banks Approach to Developer Credit Changed
• Local and State Governments Resources
Stretched
• Federal Government Less of a Player
Impact of Financial Services Crisis
and Real Estate Collapse
3/22/2015
14
Infrastructure Puzzle
• Infrastructure Puzzle
• Multiple Sources of Funding
• Project Specific
• Takes a Team to Solve
Impact of Financial Services
Crisis and Real Estate Collapse
3/22/2015
15
Infrastructure Puzzle
•Local
•State
•Federal
•Private Sector
Multiple Source Model
3/22/2015
16
Infrastructure Puzzle
Tax
Increment
Financing
Developer
Funded
Infrastructure
Special
Improvement
Districts
New
Community
Authority
Local Funding Options
3/22/2015
17
Infrastructure Puzzle
Tax Increment Financing
 What is TIF? STEP BY STEP DESCRIPTION:
Step Description Amount
1. Base AV The total assessed value of real property prior to
enactment of TIF legislation.
$1,000,000
2. Year One AV The total assessed value five years after TIF was
created.
$11,000,000
3. Growth in AV
The difference between the Base AV and the current
AV.
$ 10,000,000
4. Tax Rate The percentage of AV (property value) that goes to
taxes.
10%
5. Increment
The growth in property value multiplied by the tax
rate - i.e., the new PILOTs that go to the TIF fund.
10%
3/22/2015
18
Infrastructure Puzzle
 TIFs
 The purpose of using a TIF is to generate payments in lieu of taxes (PILOTs) to pay
for public infrastructure improvements.
 All existing taxes are unaffected.
 County treasurer collects PILOTs along with real estate taxes.
 PILOTs are in the same amount as otherwise applicable taxes.
 Parcel TIF versus Incentive District TIF
 School District and overlapping taxing district issues, public notice and compensation
 TIF Agreement
3/22/2015
19
Infrastructure Puzzle
TIFs
Types of Public Infrastructure Improvements that can be financed with
PILOTs:
 More traditional governmental projects such as roads, water & sewer lines,
storm water, etc.
 Redevelopment projects (e.g. land acquisition, land preparation,
environmental remediation and demolition)
 New development projects and related infrastructure improvements, e.g. gas,
electric and other utility type services, e.g. communication, cable, etc.
 Projects can sometime be located on privately owned properties
3/22/2015
20
Infrastructure Puzzle
TIFS
Converting TIF/PILOT Cash Flow Into Up Front Lump Sum Proceeds
Available to Project Costs.
 TIF PILOTs result in semiannual cash flow to public body.
 TIF PILOT cash flows commence after completion of construction and
are paid at the time when the increased tax bills would have been paid
were it not that the improvements to the real property were “exempted”
under the TIF.
3/22/2015
21
Infrastructure Puzzle
TIFs
Converting strategies of TIF PILOT cash flows to a lump sum up front
payment available to pay project or infrastructure costs:
 Cash Advance: Public body can make a cash advance out of its available
funds, with the intent of reimbursing itself out of future PILOTs.
 State Loan: Public body might seek to obtain a state loan and use TIF
PILOTs to repay the state loan.
 Public body might issue obligations (such as industrial revenue bonds,
general obligation bonds or other obligations) to pay debt service in
whole or in part out the PILOTs.
3/22/2015
22
Infrastructure Puzzle
TIFs
Converting strategies - Continued:
 Developer Reimbursement. Developer funds initial costs of public
infrastructure improvements and public body reimburses developer for
those costs out of TIF PILOTs, usually with interest (which may be tax-
exempt in many instances.)
 Conduit Financing: Conduit Issuer (i.e. a Port Authority or New
Community Authority) may issue debt (often for a fee) that is backed by
a pledge of TIF Pilots. Conduit issuers often require letters of credit or
other forms of credit enhancement to market the debt.
3/22/2015
23
Infrastructure Puzzle
TIFs
Risk Sharing Distribution Between Public Body and Developer:
 If a public body issues general obligation bonds in support of TIF
arrangements, there is more risk to public body. However, by assuming
this risk it may enable public body to attract more desirable developers,
secure better interest rates and thereby stretch TIF PILOTs farther.
 A public body may reduce its financing risk by issuing special
obligations supported solely by PILOTs. This may increase financing
costs/decrease funds available to pay project costs.
 Developer may purchase some or all of the debt or enter into a guaranty
arrangement or letter of credit.
3/22/2015
24
Infrastructure Puzzle
TIFs
Potential Risks of TIFs:
 Anticipated real property improvements are not completed or valued at
anticipated level, resulting in lower PILOTs.
 Real Property improvements are completed, but the improvements are
damaged or destroyed, resulting in lower PILOTs.
 Real Property Improvements are completed, but the property owner
encounters financial difficulty and lacks ability to make TIF PILOTs.
 Potential future decrease in level of assessed valuation and/or the level of real
property taxation, resulting in lower PILOTs.
 One solution Special Assessment Secured TIFs. Developer initiated petition.
3/22/2015
25
Infrastructure Puzzle
Development Funded Infrastructure
 Developer petitions for Special Assessment to be levied against real
property and SA’s are certified for collection only in the event PILOTs
or other revenues are insufficient.
 Developer Advances which are reimbursed with TIF or other project or
district revenues.
 Guaranties and letters of credit
 Developer purchases bonds or other obligations
 Release of Guaranties when project completes construction, TIF or
other revenue collections are more mature
3/22/2015
26
Infrastructure Puzzle
Special Improvement District
 A community, neighborhood or business district that desires public
improvements or services beyond the level currently provided may want
to create a Special Improvement District (“SID”).
 A SID is an area of land or district within which owners of real property
pay special assessments for designated services or improvements.
 Creation is initiated in one of two ways: 1. owners of at least 60% of
front footage (excluding church or government property) petition
appropriate legislative authority or 2. owners of at least 75% of land
area within the proposed SID petition for improvements.
3/22/2015
27
Infrastructure Puzzle
Special Improvement District
 The petition includes a plan that details improvements or services to be
included as part of the District.
 District is governed by a non profit corporation and the composition of
the board of trustees is governed by statute.
 The levy and collection of special assessments may be used to support
debt service charges on improvements benefiting the districts.
 Credit issues such as discussed with TIFs and developer funded projects
are applicable.
3/22/2015
28
Infrastructure Puzzle
Energy Special Improvement District or
Property Assessed Clean Energy (PACE)
 An Energy Special Improvement District is a special type of SID that is
created by petition of 100% of the property owners desiring to develop
within the ESID a special type of improvement called a “special energy
improvement project.”
 Special Energy Improvement Projects include solar photovoltaic project
, a solar thermal energy project, a geothermal energy project, a
customer-generated energy project, or an energy efficiency
improvement, whether such real or personal property is publicly or
privately owned.
3/22/2015
29
Infrastructure Puzzle
Energy Special Improvement District or
Property Assessed Clean Energy (PACE)
 The Plan developed by the ESID board of trustees provides authority for the
levy and collection of special assessments to pay costs of services and ESID
projects included in the ESID’s Plan.
 These special assessment are levied and collected as special assessments
generally under Chapter 727 of the Revised Code and the revenues can secure
or pay debt service on bonds issued to pay the costs of the special energy
improvement projects.
 Credit issues for the ESID include revenues derived not only from the ESID
project but also from the generation of electricity or savings from
implementation of energy conservation measures.
3/22/2015
30
Infrastructure Puzzle
New Community Authority
 A New Community Authority (NCA) is a separate public body governed
by a board of trustees that may oversee, coordinate, construct and
finance public infrastructure improvements and community facilities.
 NCA’s are initiated by petition signed by all of the owners of real
property to be included within the boundaries of the NCA. The petition
must be approved by the NCA’s “organizational board of
commissioners” which is generally the board of county commissioners
of the County in which the NCA is located.
3/22/2015
31
Infrastructure Puzzle
New Community Authority
 A NCA can levy a “community development charge” within its
boundaries to pay for its community development program if permitted
by the petition and real property instruments encumbering land within
its boundaries.
 Community development charges can be determined on the basis of
real property, assessed valuation, the income of the residents of the
NCA, the profits of businesses within the NCA, a uniform fee per parcel
or any combination of the foregoing.
 Community development charges can be collected by the NCA or
certified to the County Auditor for collection with real property taxes.
3/22/2015
32
Infrastructure Puzzle
Port Authorities as Creative Financing
Tools
• No Prevailing Wage
• NO PREVAILING WAGE REQUIREMENT
on construction of Port Authority facilities and
revenue bond proceeds
• No prevailing wage from Section 166 state loan
and grant programs
• Change allows for significant cost savings to Port
Authority projects
Ohio Port Authorities
34
Infrastructure PuzzleOhioPort
Authorities Flexibility
SALES TAX SAVINGS on construction
materials
Attractive vehicles for public incentives
Exempt from public bidding.
Issues taxable, and tax exempt debt
Port bond funds offer enhanced credit for
qualified borrowers
35
Infrastructure Puzzle
• Long-term, fixed rate financing: 30 years or
more for certain projects
• Potential for higher loan to value ratio for
developers: 90-100% financing
• Little or no out of pocket equity requirement
for developers d
• Developer can spend its own capital on
private side of project
• Use of TIF proceeds for public (and some
private) improvements
• Use Severance Tax to finance infrastructure?
Ohio Shale Gas Infrastructure Development
Fund…leverage
Infrastructure Finance Defined
36
Infrastructure Puzzle
 Infrastructure Finance Defined
 Preserves communities’ long term borrowing
capacity for financing of core assets.
 Can be done through a private placement,
port authority bond fund, or public offering.
 Credit of the project determines ability
to borrow and how much.
 Examples: Sewer and water, roads, fiber
optics, site ready projects, commercial,
residential, industrial.
37
Infrastructure Puzzle
Infrastructure Puzzle
3/22/2015
38
• Ohio Public Works Commission
• State Allocation by District
• Locally Driven Process
• Driven by County Engineer
• Awarded to Local Government
State Funding
Infrastructure Puzzle
3/22/2015
39
• Ohio Department of
Transportation
• TRAC Process
• Mix of Jobs and Traffic Issues
• On and Off Highways
State Funding
Infrastructure Puzzle
3/22/2015
40
•State of Ohio Capital Bill
•Every Two Years
•Bondable Projects
•Broadband & Workforce
State Funding
Infrastructure Puzzle
3/22/2015
41
•Ohio Rail Development Commission
•Rail Spur/Siding Program
•Rail Line Acquisition Program
•Rail Improvement Program
State Funding
Infrastructure Puzzle
3/22/2015
42
• Ohio Water Development Authority
• Drinking Water Projects
• Sewage and Water Pollution Control Projects
• Storm Water Projects
• Low Interest Financing
• Community Assistance
• Village Capital Improvement
• Interim Financing
• Industry Related Financing
• Local Economic Development
• Tax Exempt Bonds for Privately Owned Financing
• Emergency Assistance
• Emergency Relief
• Brownfields
• Alternative Stormwater Infrastructure Loan Program
• Lake Erie Coastal Erosion Control Projects
• Dam Safety Projects
• Solid Waste Projects
State Funding
Infrastructure Puzzle
3/22/2015
43
State Funding
• Jobs Ohio
• JobsOhio Revitalization Fund
• Brownfield and Underutilized Sites
• Clean Up and Infrastructure Funding
• Job Retention or Creation
Infrastructure Puzzle
3/22/2015
44
• Ohio Development Services Agency
• Manufacturing Energy Efficiency Program
• Phase I- ID energy cost savings
• Phase II- development of an energy plan
• Phase III- installation of the energy cost savings
measures
• Phase IV- measurement energy cost savings measures
Energy Efficiency
Infrastructure Puzzle
3/22/2015
45
• Ohio Development Services Agency
• Energy Loan Fund
• Low Cost Financing
• 15% Energy Reduction
• 1% Interest Rate for Government
• 3% Interest Rate for Private Sector
Energy Efficiency
Infrastructure Puzzle
3/22/2015
46
• Department of Labor Training Grants
• $5M Industry Based Training Grants
• Tied to Community College
• Built Around a Private Sector
Partnership
Federal Funding
Infrastructure Puzzle
3/22/2015
47
It Takes a Team
•Lawyers-Lobbyist-
Investment Bank-
Economic Development
Leaders
Infrastructure Puzzle
3/22/2015
48
Funding
Monitoring
Positioning Partnering
Incentive
Negotiations
Bond Counsel
Bond
Underwriting
Project
Administration
Montrose Group, LLC Infrastructure Puzzle Approach
Infrastructure Puzzle
3/22/2015
49
The Montrose Group, LLC Infrastructure Puzzle Approach
 Funding Monitoring. The Montrose Group, LLC always watches out for funding opportunities for
clients from local, state and federal government sources.
 Positioning. The Montrose Group, LLC positions clients with key public policy makers and business
leaders to influence potential financing opportunities.
 Partnering. The Montrose Group, LLC understands who is part of a grant/loan application is more
important than what the application says, and connects partners for client’s project financing.
 Incentive Negotiations. The Montrose Group, LLC negotiates local, state and federal loans, tax
credits, abatements and infrastructure, workforce, Brownfield grants.
 Bond Counsel. The Headen & Co., LLC serves as bond counsel to ensure clients gain the needed
public finance to fund essential infrastructure.
 Bond Underwriting. A number of national companies serve as the investment bank to gain the
needed financing through the bond market.
 Project Administration. The Montrose Group, LLC provides project grant/loan administration
services that include creating mandated reports.
Infrastructure Puzzle
3/22/2015
50
Questions?
• Contact Info
• David Robinson
drobinson@montrosegroupllc.com
• Ray Headen
rcheaden@headenlaw.com

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OEDA Infrastructure Puzzle Power Point 3-3-15

  • 1. Infrastructure Puzzle David J. Robinson, The Montrose Group, LLC Raymond C. Headen, Headen & Co., LLC 3/22/2015 1
  • 2. Infrastructure Puzzle 3/22/2015 2 Experience Intro & Role of Infrastructure in Economic Development Infrastructure Puzzle Model Local Public Finance Tools Local, State & Federal Programs
  • 3. Infrastructure Puzzle 3/22/2015 3 Public Policy & Economic Development Consulting $100M Gained for Clients Multi Industry Corporate Site Location Experience Multi-State Corporate Site Location Experience The Montrose Group, LLC
  • 4. Infrastructure Puzzle 3/22/2015 4  David J. Robinson ◦ Principal of the Montrose Group, LLC ◦ Adjunct Professor, Ohio State University, Economic Development Policy ◦ Former  Attorney, Large Ohio Law Firms  Ohio House of Representative Member  Senior Staff, Mayor of Columbus  Economic Development Director, Ameritech  General Counsel, Ohio Chamber of Commerce
  • 5. Infrastructure Puzzle 3/22/2015 5  Nate Green  Director, Economic Development, The Montrose Group, LLC  Vice Chair, Bexley CIC  Former: • Vice President, Piper Jaffray • Manager, JobsOhio • Director, SBID Division, Ohio Department of Development • Executive Director, Pickaway Progress Partnership, a CIC • Corporate Finance Manager, Cleveland-Cuyahoga County Port Authority • President, Ohio Economic Development Association
  • 6. Infrastructure Puzzle 3/22/2015 6  Headen & Co., LLC  Headen & Co., LLC is a boutique Ohio law firm offering a range of legal services.  Raymond C. Headen has over twenty-five years of experience serving as  lead counsel in all areas of public and private finance and served as sole bond counsel, sole underwriter’s counsel, issuer’s counsel and credit enhancement counsel  in all types of State of Ohio, public and private college and university, Ohio local government, port authority, 501(c) 3, healthcare, leasing, special assessment, TIF and economic development tax-exempt and taxable bond financings as well as in commercial real estate financings as lender’s counsel and borrower’s counsel.
  • 7. Infrastructure Puzzle 3/22/2015 7 The Montrose Group, LLC’s Infrastructure Financing Experience  The Montrose Group, LLC gained over $100M in project and infrastructure financing for a range of clients facing infrastructure challenges listed below:  Broadband: gained funding for multiple regional broadband networks;  Brownfields: gained Brownfield redevelopment grants for infill housing and retail centers;  Road, Water & Sewer- gained local, state and federal grants and negotiated Tax Increment Financing and other public finance tools developed infrastructure funding strategies; and  Workforce: gained workforce development grants for public and private sector clients.
  • 8. Infrastructure Puzzle Introduction • Infrastructure & Economic Development • Impact of Financial Services Crisis and Real Estate Collapse • New Model for Infrastructure Development- Infrastructure Puzzle 3/22/2015 8
  • 9. Infrastructure Puzzle What is Infrastructure • Aviation • Bridges • Dams • Drinking Water • Energy • Hazardous Waste • Inland Waterways • Levees • Ports • Parks & Recreation • Rail • Roads • Schools • Solid Waste • Transit • Waste Water 3/22/2015 9
  • 10. Infrastructure Puzzle •Traditional Government Role •State and Local Government •Public Finance Tools •Developer Finance Tools Role of Infrastructure & Economic Development 3/22/2015 10
  • 11. Infrastructure Puzzle • Links to Industry Targets • Energy Industry- Solid Waste, Bridges, Drinking Water, Hazardous Waste, Rail, Roads • Global Industry- Ports, Rail, Roads • Service Industry- Aviation, Schools, Transit • Manufacturing Industry- Energy, Inland Waterways, Ports, Levees, Waste Water • Technology Industry- Aviation, Schools, Parks & Recreation, Transit Role of Infrastructure & Economic Development 3/22/2015 11
  • 12. Infrastructure Puzzle • National Infrastructure Crisis • ASCE Infrastructure Report Card • Aviation- D • Bridges- C+ • Dams- D • Drinking Water- D • Energy- D • Hazardous Waste- D • Inland Waterways- D • Levees- D • Ports- C- • Parks & Recreation- C+ • Rail- C+ • Roads- D • Schools-D • Solid Waste- B- • Transit- D • Waste Water- D Role of Infrastructure & Economic Development 3/22/2015 12
  • 13. Infrastructure Puzzle • It is not the 1990’s • Wall Street Investment Bank Collapse • Real Estate Market Contraction • State and Local Government Budget Challenges • Lack of Federal Government Consensus Impact of Financial Services Crisis and Real Estate Collapse 3/22/2015 13
  • 14. Infrastructure Puzzle • Banks Restricted by New Federal Regulation • Banks Approach to Developer Credit Changed • Local and State Governments Resources Stretched • Federal Government Less of a Player Impact of Financial Services Crisis and Real Estate Collapse 3/22/2015 14
  • 15. Infrastructure Puzzle • Infrastructure Puzzle • Multiple Sources of Funding • Project Specific • Takes a Team to Solve Impact of Financial Services Crisis and Real Estate Collapse 3/22/2015 15
  • 18. Infrastructure Puzzle Tax Increment Financing  What is TIF? STEP BY STEP DESCRIPTION: Step Description Amount 1. Base AV The total assessed value of real property prior to enactment of TIF legislation. $1,000,000 2. Year One AV The total assessed value five years after TIF was created. $11,000,000 3. Growth in AV The difference between the Base AV and the current AV. $ 10,000,000 4. Tax Rate The percentage of AV (property value) that goes to taxes. 10% 5. Increment The growth in property value multiplied by the tax rate - i.e., the new PILOTs that go to the TIF fund. 10% 3/22/2015 18
  • 19. Infrastructure Puzzle  TIFs  The purpose of using a TIF is to generate payments in lieu of taxes (PILOTs) to pay for public infrastructure improvements.  All existing taxes are unaffected.  County treasurer collects PILOTs along with real estate taxes.  PILOTs are in the same amount as otherwise applicable taxes.  Parcel TIF versus Incentive District TIF  School District and overlapping taxing district issues, public notice and compensation  TIF Agreement 3/22/2015 19
  • 20. Infrastructure Puzzle TIFs Types of Public Infrastructure Improvements that can be financed with PILOTs:  More traditional governmental projects such as roads, water & sewer lines, storm water, etc.  Redevelopment projects (e.g. land acquisition, land preparation, environmental remediation and demolition)  New development projects and related infrastructure improvements, e.g. gas, electric and other utility type services, e.g. communication, cable, etc.  Projects can sometime be located on privately owned properties 3/22/2015 20
  • 21. Infrastructure Puzzle TIFS Converting TIF/PILOT Cash Flow Into Up Front Lump Sum Proceeds Available to Project Costs.  TIF PILOTs result in semiannual cash flow to public body.  TIF PILOT cash flows commence after completion of construction and are paid at the time when the increased tax bills would have been paid were it not that the improvements to the real property were “exempted” under the TIF. 3/22/2015 21
  • 22. Infrastructure Puzzle TIFs Converting strategies of TIF PILOT cash flows to a lump sum up front payment available to pay project or infrastructure costs:  Cash Advance: Public body can make a cash advance out of its available funds, with the intent of reimbursing itself out of future PILOTs.  State Loan: Public body might seek to obtain a state loan and use TIF PILOTs to repay the state loan.  Public body might issue obligations (such as industrial revenue bonds, general obligation bonds or other obligations) to pay debt service in whole or in part out the PILOTs. 3/22/2015 22
  • 23. Infrastructure Puzzle TIFs Converting strategies - Continued:  Developer Reimbursement. Developer funds initial costs of public infrastructure improvements and public body reimburses developer for those costs out of TIF PILOTs, usually with interest (which may be tax- exempt in many instances.)  Conduit Financing: Conduit Issuer (i.e. a Port Authority or New Community Authority) may issue debt (often for a fee) that is backed by a pledge of TIF Pilots. Conduit issuers often require letters of credit or other forms of credit enhancement to market the debt. 3/22/2015 23
  • 24. Infrastructure Puzzle TIFs Risk Sharing Distribution Between Public Body and Developer:  If a public body issues general obligation bonds in support of TIF arrangements, there is more risk to public body. However, by assuming this risk it may enable public body to attract more desirable developers, secure better interest rates and thereby stretch TIF PILOTs farther.  A public body may reduce its financing risk by issuing special obligations supported solely by PILOTs. This may increase financing costs/decrease funds available to pay project costs.  Developer may purchase some or all of the debt or enter into a guaranty arrangement or letter of credit. 3/22/2015 24
  • 25. Infrastructure Puzzle TIFs Potential Risks of TIFs:  Anticipated real property improvements are not completed or valued at anticipated level, resulting in lower PILOTs.  Real Property improvements are completed, but the improvements are damaged or destroyed, resulting in lower PILOTs.  Real Property Improvements are completed, but the property owner encounters financial difficulty and lacks ability to make TIF PILOTs.  Potential future decrease in level of assessed valuation and/or the level of real property taxation, resulting in lower PILOTs.  One solution Special Assessment Secured TIFs. Developer initiated petition. 3/22/2015 25
  • 26. Infrastructure Puzzle Development Funded Infrastructure  Developer petitions for Special Assessment to be levied against real property and SA’s are certified for collection only in the event PILOTs or other revenues are insufficient.  Developer Advances which are reimbursed with TIF or other project or district revenues.  Guaranties and letters of credit  Developer purchases bonds or other obligations  Release of Guaranties when project completes construction, TIF or other revenue collections are more mature 3/22/2015 26
  • 27. Infrastructure Puzzle Special Improvement District  A community, neighborhood or business district that desires public improvements or services beyond the level currently provided may want to create a Special Improvement District (“SID”).  A SID is an area of land or district within which owners of real property pay special assessments for designated services or improvements.  Creation is initiated in one of two ways: 1. owners of at least 60% of front footage (excluding church or government property) petition appropriate legislative authority or 2. owners of at least 75% of land area within the proposed SID petition for improvements. 3/22/2015 27
  • 28. Infrastructure Puzzle Special Improvement District  The petition includes a plan that details improvements or services to be included as part of the District.  District is governed by a non profit corporation and the composition of the board of trustees is governed by statute.  The levy and collection of special assessments may be used to support debt service charges on improvements benefiting the districts.  Credit issues such as discussed with TIFs and developer funded projects are applicable. 3/22/2015 28
  • 29. Infrastructure Puzzle Energy Special Improvement District or Property Assessed Clean Energy (PACE)  An Energy Special Improvement District is a special type of SID that is created by petition of 100% of the property owners desiring to develop within the ESID a special type of improvement called a “special energy improvement project.”  Special Energy Improvement Projects include solar photovoltaic project , a solar thermal energy project, a geothermal energy project, a customer-generated energy project, or an energy efficiency improvement, whether such real or personal property is publicly or privately owned. 3/22/2015 29
  • 30. Infrastructure Puzzle Energy Special Improvement District or Property Assessed Clean Energy (PACE)  The Plan developed by the ESID board of trustees provides authority for the levy and collection of special assessments to pay costs of services and ESID projects included in the ESID’s Plan.  These special assessment are levied and collected as special assessments generally under Chapter 727 of the Revised Code and the revenues can secure or pay debt service on bonds issued to pay the costs of the special energy improvement projects.  Credit issues for the ESID include revenues derived not only from the ESID project but also from the generation of electricity or savings from implementation of energy conservation measures. 3/22/2015 30
  • 31. Infrastructure Puzzle New Community Authority  A New Community Authority (NCA) is a separate public body governed by a board of trustees that may oversee, coordinate, construct and finance public infrastructure improvements and community facilities.  NCA’s are initiated by petition signed by all of the owners of real property to be included within the boundaries of the NCA. The petition must be approved by the NCA’s “organizational board of commissioners” which is generally the board of county commissioners of the County in which the NCA is located. 3/22/2015 31
  • 32. Infrastructure Puzzle New Community Authority  A NCA can levy a “community development charge” within its boundaries to pay for its community development program if permitted by the petition and real property instruments encumbering land within its boundaries.  Community development charges can be determined on the basis of real property, assessed valuation, the income of the residents of the NCA, the profits of businesses within the NCA, a uniform fee per parcel or any combination of the foregoing.  Community development charges can be collected by the NCA or certified to the County Auditor for collection with real property taxes. 3/22/2015 32
  • 33. Infrastructure Puzzle Port Authorities as Creative Financing Tools • No Prevailing Wage • NO PREVAILING WAGE REQUIREMENT on construction of Port Authority facilities and revenue bond proceeds • No prevailing wage from Section 166 state loan and grant programs • Change allows for significant cost savings to Port Authority projects Ohio Port Authorities
  • 34. 34 Infrastructure PuzzleOhioPort Authorities Flexibility SALES TAX SAVINGS on construction materials Attractive vehicles for public incentives Exempt from public bidding. Issues taxable, and tax exempt debt Port bond funds offer enhanced credit for qualified borrowers
  • 36. • Long-term, fixed rate financing: 30 years or more for certain projects • Potential for higher loan to value ratio for developers: 90-100% financing • Little or no out of pocket equity requirement for developers d • Developer can spend its own capital on private side of project • Use of TIF proceeds for public (and some private) improvements • Use Severance Tax to finance infrastructure? Ohio Shale Gas Infrastructure Development Fund…leverage Infrastructure Finance Defined 36 Infrastructure Puzzle
  • 37.  Infrastructure Finance Defined  Preserves communities’ long term borrowing capacity for financing of core assets.  Can be done through a private placement, port authority bond fund, or public offering.  Credit of the project determines ability to borrow and how much.  Examples: Sewer and water, roads, fiber optics, site ready projects, commercial, residential, industrial. 37 Infrastructure Puzzle
  • 38. Infrastructure Puzzle 3/22/2015 38 • Ohio Public Works Commission • State Allocation by District • Locally Driven Process • Driven by County Engineer • Awarded to Local Government State Funding
  • 39. Infrastructure Puzzle 3/22/2015 39 • Ohio Department of Transportation • TRAC Process • Mix of Jobs and Traffic Issues • On and Off Highways State Funding
  • 40. Infrastructure Puzzle 3/22/2015 40 •State of Ohio Capital Bill •Every Two Years •Bondable Projects •Broadband & Workforce State Funding
  • 41. Infrastructure Puzzle 3/22/2015 41 •Ohio Rail Development Commission •Rail Spur/Siding Program •Rail Line Acquisition Program •Rail Improvement Program State Funding
  • 42. Infrastructure Puzzle 3/22/2015 42 • Ohio Water Development Authority • Drinking Water Projects • Sewage and Water Pollution Control Projects • Storm Water Projects • Low Interest Financing • Community Assistance • Village Capital Improvement • Interim Financing • Industry Related Financing • Local Economic Development • Tax Exempt Bonds for Privately Owned Financing • Emergency Assistance • Emergency Relief • Brownfields • Alternative Stormwater Infrastructure Loan Program • Lake Erie Coastal Erosion Control Projects • Dam Safety Projects • Solid Waste Projects State Funding
  • 43. Infrastructure Puzzle 3/22/2015 43 State Funding • Jobs Ohio • JobsOhio Revitalization Fund • Brownfield and Underutilized Sites • Clean Up and Infrastructure Funding • Job Retention or Creation
  • 44. Infrastructure Puzzle 3/22/2015 44 • Ohio Development Services Agency • Manufacturing Energy Efficiency Program • Phase I- ID energy cost savings • Phase II- development of an energy plan • Phase III- installation of the energy cost savings measures • Phase IV- measurement energy cost savings measures Energy Efficiency
  • 45. Infrastructure Puzzle 3/22/2015 45 • Ohio Development Services Agency • Energy Loan Fund • Low Cost Financing • 15% Energy Reduction • 1% Interest Rate for Government • 3% Interest Rate for Private Sector Energy Efficiency
  • 46. Infrastructure Puzzle 3/22/2015 46 • Department of Labor Training Grants • $5M Industry Based Training Grants • Tied to Community College • Built Around a Private Sector Partnership Federal Funding
  • 47. Infrastructure Puzzle 3/22/2015 47 It Takes a Team •Lawyers-Lobbyist- Investment Bank- Economic Development Leaders
  • 48. Infrastructure Puzzle 3/22/2015 48 Funding Monitoring Positioning Partnering Incentive Negotiations Bond Counsel Bond Underwriting Project Administration Montrose Group, LLC Infrastructure Puzzle Approach
  • 49. Infrastructure Puzzle 3/22/2015 49 The Montrose Group, LLC Infrastructure Puzzle Approach  Funding Monitoring. The Montrose Group, LLC always watches out for funding opportunities for clients from local, state and federal government sources.  Positioning. The Montrose Group, LLC positions clients with key public policy makers and business leaders to influence potential financing opportunities.  Partnering. The Montrose Group, LLC understands who is part of a grant/loan application is more important than what the application says, and connects partners for client’s project financing.  Incentive Negotiations. The Montrose Group, LLC negotiates local, state and federal loans, tax credits, abatements and infrastructure, workforce, Brownfield grants.  Bond Counsel. The Headen & Co., LLC serves as bond counsel to ensure clients gain the needed public finance to fund essential infrastructure.  Bond Underwriting. A number of national companies serve as the investment bank to gain the needed financing through the bond market.  Project Administration. The Montrose Group, LLC provides project grant/loan administration services that include creating mandated reports.
  • 50. Infrastructure Puzzle 3/22/2015 50 Questions? • Contact Info • David Robinson drobinson@montrosegroupllc.com • Ray Headen rcheaden@headenlaw.com