Muni advocates won’t give up tax exemption without a fight

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Republican legislators have placed tax-exempt bonds on the regulatory chopping block — as the cost to renew expiring provisions of President Donald Trump’s 2017 Tax Cuts and Jobs Act continues to grow — putting municipal leaders in the eye of a storm.

Public finance advocates are flocking en masse to Capitol Hill in an effort to convince representatives of how significant the exemption is for the markets, amid efforts to return tax-exempt advance refunding and lift the ceiling on bank-qualified debt.

But with lawmakers seeking to go beyond tax-exempt bonds and eliminate individual and business state and local tax deductions, municipal leaders are fighting battles on many fronts.

Read more about the top issues plaguing professionals in the bond markets and the proposals to keep an eye on.

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Matt Stroshane/Bloomberg News

GOP policy cuts go beyond tax-exemption, to infrastructure, hospitals

Article by Caitlin Devitt

A House Republican menu of proposed cuts and revenue-raisers floated last month, which includes the elimination of tax-exempt bonds. This would also impose limits on some advance infrastructure funds and potentially squeeze billions from hospitals and colleges.

The Bond Dealers of America and other municipal market groups circulated proposed budget offset measures Friday. It’s the first concrete indication that Congress is eying the tax exemption as part of their hunt for revenue to help cover an extension of the 2017 Tax Cuts and Jobs Act.

The estimated cost of extending the TCJA totals around $4 trillion, although Republicans have yet to name a final figure, which will be determined in part by the scoring process they use.

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Congress2.jpeg

W.Scott McGill – stock.adobe.com

Tax-exempt bonds axed in menu of options floated by Ways and Means

Article by Scott Sowers and Caitlin Devitt

The House Ways and Means Committee is considering the total elimination of tax-exempt bonds, according to a 51-page list of targeted programs, policies and plans for a reconciliation bill obtained last month by The Bond Buyer.

It’s a wide-ranging and tentative wish list, but marks a nightmare-come-true for the municipal bond market, which has spent months worrying that its treasured tax exemption would be on the chopping block.

Sources on the Hill indicate that whatever gets cut will come from that list. But that doesn’t mean that everything’s going to get cut.

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Bobby Kogan, senior director of federal budget policy at the Center for American Progress.
“To the Republicans, the sticker price [of the reconciliation bill] is very important,” said Bobby Kogan, senior director of federal budget policy at the Center for American Progress.

Center for American Progress

Reconciliation math will help determine fate of tax exemption

Article by Caitlin Devitt

The scoring method that Republicans use to determine the price tag of their massive budget reconciliation bill could shape the threat facing the municipal bond tax exemption.

Negotiating a paper-thin Congressional majority, GOP leaders and the Trump administration are debating the most politically viable path to extending the Tax Cuts & Jobs Act’s major provisions set to expire this year. 

That includes a debate over how to estimate the cost of the tax reforms. The Congressional Budget Office puts the cost at $4.6 trillion over the next decade. But that figure — which Republicans have yet to agree to — could be affected by different methods of pricing the tax provisions.

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Jacob Kepler/Bloomberg

Affordable housing developer’s deal a municipal market first

Article by Keeley Webster

BRIDGE Housing Corp. has created a financing source for not-for-profit housing providers as the first to issue publicly offered tax-exempt bonds to finance construction of a new development.

The milestone was achieved when KeyBanc Capital Markets priced $70.7 million in tax-exempt multifamily housing revenue bonds Oct. 31 for BRIDGE through conduit Oregon Housing Community Services Department.

The bonds will help fund the 224-unit Hollywood Hub affordable housing apartment community in the Hollywood district of Portland, Oregon. This is being constructed on a half-acre site leased for 99 years from the Tri-County Metropolitan Transportation District of Oregon.

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GFOA federal liaison Emily Brock
Emily Brock, director of the federal liaison office of the GFOA.

Donna Alberico

Muni advocates respond to tax-exempt threat

Article by Scott Sowers

The municipal market’s advocates are responding to the threat of canceling the tax-exempt status of municipal bonds, with a multi-pronged approach that includes Capitol Hill visits and a letter sent to both houses of Congress by the Government Finance Officers Association.  

“Elimination of the tax exemption would correspondingly raise borrowing costs $823.92 billion, a cost that would be passed onto American residents and amount to a $6,554.67 tax and rate increase for each American household over the next decade,” GFOA told lawmakers in the letter.

The letter is in response to a 50-page list of budget reconciliation targets that circulated in the House of Representatives earlier in January.  

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The Proton Center of Arkansas.
The Proton Center of Arkansas, one of a series of struggling bond-financed cancer treatment centers across the country.

The Proton Center of Arkansas

Proton facilities default on payments

Article by Caitlin Devitt

The new year rang in fresh signs of distress at a pair of long-struggling cancer treatment centers in Maryland and Arkansas. These centers are financed with bonds through Wisconsin’s conduit issuer the Public Finance Authority.

The Maryland Proton Treatment Center defaulted on an $8.7 million interest payment due Jan. 1 on $267 million of unrated municipal bonds, according to a posting on EMMA. The center has faced strains almost since it first floated the debt in 2018, and has tapped debt service funds to make previous payments. No principal payments will be made on the subordinate and junior bonds, the notice said.

The Proton International Arkansas, LLC reported on EMMA that it would miss an interest payment on subordinate bonds and would be forced to shift money from its liquidity support fund to the debt service fund to make the Jan. 1 interest payment on the senior bonds.

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Wood pellets in a Berlin depot.
Wood pellets in a Berlin depot. U.S. wood pellet production, such as Enviva’s is driven by exports, particularly to European Union countries.

Bloomberg News

Wood pellets burn Enviva muni bondholders in bankruptcy

Article by Robert Slavin

Enviva Inc. is the latest corporate bankruptcy to give a massive haircut to holders of municipal private activity bonds issued to fund green technology projects.

“Over the last four to five years companies have financed numerous green technology manufacturing products utilizing the municipal market,” said David Dubrow, partner at Arentfox Schiff LLP. “Many of these green companies have defaulted on their bonds and filed for bankruptcy.”

Enviva, based in Bethesda, Maryland, filed for Chapter 11 reorganization in March in the Eastern District of Virginia, impacting $353 million of municipal bonds as part of a wider $2.6 billion pot of debt.

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Capitol Building

Bloomberg Creative Photos/Bloomberg Creative

Muni lobbyists schedule Capitol Hill ‘fly-ins’ to tout tax exemption

Article by Caitlin Devitt

With a “defense wins championships” strategy in mind, the municipal market lobby will head to Capitol Hill in the next few weeks for meetings with lawmakers and staff in a high-stakes play to protect the municipal bond tax exemption as the tax reform debate begins in earnest.

The muni lobby’s top priority in the 119th Congress will be preserving the tax exemption even as it continues to push other agenda items, such as the return of tax-exempt advance refunding and lifting the ceiling on bank qualified debt.

In 2017, the Republicans crafting the Tax Cuts and Jobs Act, which eliminated tax-exempt advance refunding, maintained the philosophy that “everyone need[s] to feel a little bit of pain because that’s the nature of tax reform,” recalled Government Finance Officers Association federal liaison Emily Brock. “That philosophy is weighing heavily on my mind,” Brock said. “It’s becoming abundantly clear that the best defense is a good offense.”

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California wildfires

Rating watches underscore hazy credit outlook from California wildfires

Article by Keeley Webster and Caitlin Devitt

Public finance credits in Southern California are beginning to feel the heat from the massive wildfires that have destroyed parts of the city and county of Los Angeles.

The city’s AA-rated general obligation bonds were placed on CreditWatch with negative implications by S&P Global Ratings late Jan. 15.

Kroll Bond Rating Agency put bonds issued by the city and its Department of Water and Power on Watch Downgrade on Jan. 16. S&P had already downgraded LADWP on Jan. 14.

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Los Angeles Pushes To Rebuild Homes Fast Despite Wildfire Danger

Jill Connelly/Bloomberg

Los Angeles wildfires bring wider spreads, downgrade for DWP

Article by Keeley Webster and Jessica Lerner

The Los Angeles-area wildfires are affecting the ratings and yields on the city’s bonds.

On Jan.14, S&P Global Ratings lowered its long-term and underlying ratings on the Los Angeles Department of Water and Power to A from AA-minus for its power system revenue bonds and to AA-minus from AA-plus on its water revenue bonds. It also placed the ratings on CreditWatch with negative implications.

The DWP on Jan.13 moved to the day-to-day calendar a water revenue bond deal initially set to price on Jan.15.

Click here to read the full article.

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