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What’s Keeping Pennsylvania From Passing a Budget?

School districts across Pennsylvania have been complaining for years about the way the state funds its K-12 education system. The poorest local systems have the most reason to complain; they have extra-large burdens, but they don’t receive any extra help from Harrisburg. Joe Gorham runs one of those poor districts, the Carbondale Area School District in northeastern Pennsylvania. He thinks the state needs a complete overhaul in the way it funds public schools. A year ago, Gorham thought meaningful change might be on the way: A new governor had just taken office promising to make school funding a top priority.

But for six months (from July through the end of December), no lifeline had come from Harrisburg. Instead, a protracted budget fight between Democrats and Republicans at the state capitol choked off state funds for schools starting in July and nearly forced the Carbondale schools to shut down. As 2015 trudged to a close, Gorham couldn’t help wondering whether the same event that gave him hope — the arrival of a new governor — had instead added to his district’s troubles. The state didn’t start cutting checks for schools until a partial budget passed in late December. Even with the stopgap measure in place, the prospects of a major school funding overhaul are still very much in doubt. But what is certain is that just having the conversation exacted a heavy toll on schools.

Pennsylvania offers proof that states are not immune from the partisanship that has crippled Congress and the federal government. Just as in Washington, lawmakers in Harrisburg last year strained to keep the government’s lights on and the bills paid. And just as in Washington, the forces that led to gridlock are deeply ingrained and unlikely to disappear soon. It’s not a comforting prospect for those dependent on the state for crucial assistance, particularly schools, which are at the heart of the recent impasse.

Tom Wolf, the state’s new Democratic governor, campaigned in 2014 on the idea of taxing companies drilling for natural gas and using the money to reimburse school systems, which experienced big cuts under the previous administration. But Republican lawmakers, emboldened by new leadership and the biggest legislative majorities for either party in Pennsylvania since Dwight D. Eisenhower was president, balked at the energy production tax. The result was an inability to produce a state budget and a partial shutdown of state government after the July deadline.

With no budget in place, Pennsylvania stopped sending money to support school districts. That put Carbondale in a tight spot. The district didn’t have a lot of money to begin with, and it had already depleted its reserves to cope with state budget cuts after the Great Recession. So Carbondale borrowed $1 million to make payroll while the fight in Harrisburg continued. In the second half of the year, the district skipped all payments to its teacher pension fund and withheld contributions to a local charter school. Still, the district’s cash balance dipped at one point to just $11,000. Gorham weighed the idea of shutting down Carbondale schools one day a week to save on utility costs. He considered a one-day systemwide protest closure to bring attention to the dire financial straits the district found itself in. But ultimately he decided that those moves would be too disruptive. “These funding stalemates not only affect our students and our teachers here on the campus,” Gorham says, but they also “have a greater impact on the community at large, because this is the main employer.”

By October, 27 school districts had borrowed a total of $431 million from banks and other sources to keep their schools open during the standoff. Hard-hit districts like Carbondale became the poster children of the budget crisis early on. But dozens of other districts reported that they, too, would have to resort to borrowing if state money didn’t start flowing by November. Even with the added pressure on lawmakers and the governor to reach a deal, it wasn’t until after Christmas that the first break in the impasse came. Wolf allowed most of a partial budget to become law, even though he called the legislation “garbage.” He vetoed many provisions to force lawmakers to return to the negotiating table. The governor said the budget falls short, in part because it does not include enough new money for schools. But the agreement does mean that schools will finally start to get money, as will many other organizations that had borne the brunt of the gridlock.

The budget stalemate has squeezed more than just schools. Counties, which rely on the state for as much as 40 percent of their budgets, have scrambled to deal with the revenue loss. Several stopped paying vendors. Others cut programs, laid off staff, depleted reserves and borrowed money. “As wards of the state, Pennsylvania’s counties have been malnourished and mistreated this year,” wrote Charlie Ban of the National Association of Counties. What’s more, both the state and county have depended on nonprofit safety net providers to continue offering social services. The effect of the impasse hit close to home for legislators, too. The state Senate had to take out a $9 million loan from PNC Bank so it could pay legislative staff during the shutdown.

The prolonged standoff stems, in part, from the fact that Pennsylvania voters are themselves deeply divided. Wolf, a wealthy businessman and former state revenue secretary, won the governorship handily in 2014 over the unpopular incumbent Republican, Tom Corbett. It was a stinging rebuke for the GOP, marking the first time a sitting governor of either party had lost a re-election bid since the state constitution was changed to allow two-term administrations in 1968. At the same time, however, voters increased Republican majorities in the legislature. The GOP lawmakers elected in 2014 and in the previous 2010 midterm election are to the right of their own party predecessors. In one sign of the philosophical shift, GOP senators chose more conservative leadership following the elections. “You have two sides of an issue,” says Terry Madonna, the director of the Center for Politics and Public Affairs at Franklin and Marshall College. “They both think they’re right, and they both have a mandate to do what they think is right.”

In short, the 2014 election gave both sides little incentive to compromise on the most important issues. Besides education and energy taxes, the two parties clashed over myriad things, such as how to offer property tax relief, whether to privatize some or all of Pennsylvania’s state-owned liquor business and whether to shift state employees from traditional pensions to 401(k)-style retirement plans. But most, if not all, of those questions divided Harrisburg well before Wolf took office. The difference in 2015 was that both sides knew the deal they struck in the governor’s first year would set the tenure for the rest of his term. That emboldened Wolf to refuse to sign a stopgap measure in the summer that would have kept the state running as normal while its leaders negotiated. It would have come as a relief to some of the state’s strapped agencies and programs, but it would have taken pressure off Republicans to strike a permanent deal. Both sides also dismissed overtures from each other that they saw as insignificant. “This budget really matters,” says Stephen Herzenberg, executive director of the left-leaning Keystone Research Center. “It matters partly because of what’s specifically in the budget, but it also matters to the nature of the political process in Pennsylvania for the next three-plus years.”

The deadlock of 2015 was by no means the first long-delayed budget for Pennsylvania. In the 1960s, budgets were chronically late: An epic showdown in 1969 lasted 247 days (although the state operated on stopgap budgets in the meantime). Pennsylvania’s last Democratic governor, Ed Rendell, went into overtime negotiations three times in his eight-year tenure. In fact, Madonna says, many Pennsylvania governors have begun their terms with budget fights that initially damaged their popularity, only to see their standing rise in time for re-election.

But the most recent budget crisis does stand out. Unlike the others, it came on the heels of a deep recession that left localities and social services agencies ill-prepared for another financial hit. As a result, the consequences have been significantly worse.

Gorham, the Carbondale superintendent, worried as the stalemate dragged on that the struggle to reach a budget deal would suck the oxygen out of Harrisburg for solving longstanding problems, including one that forced the standoff. “My fear is that we’ll pass a budget, and everybody will forget about the main issue,” he says. “The main issue is that schools are not fully and fairly funded across the commonwealth. That should not continue.”

GOVERNING.COM

BY DANIEL C. VOCK | JANUARY 2016




Don’t Blame ETFs For Poor Muni Liquidity.

Most municipal market investors and their advisors would agree that liquidity in the municipal bond market has declined in the last several years.

Even as liquidity has declined, however, the municipal bond market has continued to grow and attract investors. According to data from the Federal Reserve, in the first three quarters of 2015, total market size increased by $57 billion (to $3.7 trillion) and direct household ownership of municipal bonds increased by $8.8 billion. Indirect ownership through mutual funds increased by $29.8 billion. According to FactSet Research Systems, over the same time period, total assets in muni bond ETFs grew by $3.6 billion, to an estimated $22.0 billion.

Some participants in the traditional over-the-counter municipal bond market have been wondering if the growing popularity of municipal bond ETFs has been draining liquidity from the market for individual bonds.

An analysis of municipal bond ETF flows suggests that rather than draining liquidity from the municipal bond market, muni ETFs (the first of which came to market in 2007), have in fact attracted new liquidity to the marketplace.

Historical Demand

Because of the lower interests rates earned when compared with comparably rated taxable bonds, municipal bonds have historically been most appealing to individual investors in the upper Federal income tax brackets. (The higher the tax rate, the greater the benefit of the tax exemption on the income earned.) Because of this, ownership of municipal bonds has been dominated by households.

Direct ownership (via portfolios of individual bonds) accounts for more than 40% of the market. When combined with indirect ownership through mutual funds, closed-end funds and ETFs (presumed to be primarily from individual investors), household ownership represents almost two-thirds of the market.

Trading Activity

At $3.7 trillion, the market is large, but it is also very complex. With more than 60,000 issuers and well over 1 million CUSIPs, it is the complexity of the municipal bond market that has made it difficult to attract significant participation by hedgers, traders and active (tactical) asset allocators.

Additionally, even though the municipal market includes several electronic trading platforms, the overall market is not centralized on an exchange, so trading liquidity is supported by the more than 1,500 registered dealers located around the country. (The number of dealers has declined 22% since 2009.)

Municipal bond trading activity has long been dominated by customer-related transactions. Through October of last year, 45% of municipal bond market trading activity was customer buying (which includes household purchases as well as investing by institutions such as insurance companies and funds); customer selling was an additional 23% of total volume. (The balance consisted of trading between dealers.)

In contrast, the consolidation of all ETF trading onto a centralized exchange brings together all interested participants. The centralized trading and the popularization of the ETF “wrapper” has attracted broader participation to this part of the municipal bond market.

The fact that net investor buying in muni bond ETFs represented less than 20% of total trading volume suggests that—unlike the underlying municipal bond market—a much greater percentage of market liquidity is being provided by other participants such as traders, hedgers and asset allocators. (See the table below for select details on the market’s trading flows.)

The Decline In Muni Market Liquidity

Using the amount of financial assets reported by broker-dealers as a proxy for their market-making activities, and therefore the depth of markets, reveals why liquidity in some markets has declined.
Since the end of 2006, the estimated amount of broker-dealer assets devoted to supporting the municipal bond market has declined by almost 70%.

Over that time span, corporate and foreign bond market support declined 73%, while overall market support was down only 26%.

The disproportionate reduction of broker-dealer support of the municipal bond market is not surprising, as the trend reinforces the anecdotal observations about the changing nature of secondary market liquidity. (This chart is not intended to imply complete precision in the amount of capital deployed by the broker-dealer community to the markets, but rather to be indicative of the trend of their level of activity in the markets.)

The changing nature of municipal bond market liquidity is more the result of industry forces than the growth of the muni bond ETF product class. However, it is worth keeping in mind that the ETF sponsor firms and other fixed-income asset managers have vested interests in fostering a healthy and viable municipal bond market.

It seems unlikely that municipal bond market liquidity could return to historical norms. Even with an expected increase in interest rates, the ability of the existing network of dealers to finance an increased commitment to the market would require greater profitability from a widening of the bid/ask spread—also unlikely, due to improved transparency and competitive pressures from the much tighter bid/ask spread available with muni bond ETFs.

Further consolidation of the number of municipal bond dealers would have an unknown effect on liquidity, but could be positive if it means that the remaining market-makers are that much more able to be fully committed to the market.

Conclusions

As with investment portfolios, securities markets are most resilient when they are well-diversified. The strongest and deepest markets benefit from the active involvement of participants with a wide range of needs and objectives.

Municipal bond market buying and trading has long been dominated by a single category of participant: the long-term investor. The recent reduction of support of the market by broker-dealers has created a tangible reduction in the ability of investors to easily sell or buy on a consistent basis.

While this does not mean that investors should reduce or avoid municipal bond investments solely for this reason, it does raise the importance of considering potential secondary market liquidity prior to making any investment decisions. Self-directed investors must be comfortable with the implications for their own portfolios, or consider if they would prefer delegating portfolio decisions to a professional manager.

While the size of the muni ETF market is still only a small percentage of the overall municipal bond market, investors may wish to consider if the muni bond ETF merits consideration as a potentially more liquid means of accessing the investment class—particularly for tactical (short-term) portfolio needs, but also for long-term holdings as a replacement or addition to individual bonds.

ETF.com

By Patrick Luby

January 07, 2016

Patrick Luby is the author of Income Investor Perspectives. This article is provided for informational purposes and is not to be construed as offering investment advice. Additional information is available upon request.




MacKay Municipal Managers Announces Top Five Municipal Market Insights for 2016.


“Liquidity Wars” Require Active Management and May Create Investment Opportunities in 2016

PRINCETON, N.J.–(BUSINESS WIRE)–MacKay Municipal Managers™, the municipal bond team of fixed income investment advisory firm MacKay Shields LLC, today delivered its top five municipal market insights for 2016. Key highlights include:

  1. Market Disruptions Likely – Both Probability and Severity will be Elevated.
    Active management of municipal assets will be essential, as we expect market volatility to rise. We believe uncertainty tied to the timing and degree of The Federal Reserve Board’s policy adjustments will cause disruptions along the yield curve. Global economic conditions will likely blur the outlook in the United States and further contribute to market dislocations. In our view, selected credit events in the municipal market, while anticipated, will generate incremental volatility.
  2. Market Technicals to Drive Returns – Technical Conditions to Play a Greater Role.
    We believe supply, demand, and bond structure will impact returns to a much greater degree than in the recent past. We expect the municipal market to feel the effects of technical conditions in other markets, as investors react to changing conditions across their entire portfolios.
  3. Revenue Bonds Outperform – Defined Revenue Streams Preferred Over Pension Uncertainty.
    We believe investors will gravitate to the well-defined cash flow streams securing revenue bonds and away from general obligation debt. Pension issues will likely continue to cause uncertainty over the fiscal health of general obligation issuers. New Governmental Accounting Standards Board reporting standards may reveal that state and local governments, even those that have previously addressed their pension issues, still face risks or remain under funded.
  4. Transportation Sector Outperforms – Spending and Usage to Increase.
    The 2015 Federal Transportation Bill provides five years of funding for much-needed infrastructure programs. Election-year positioning should motivate Congressional support for legislation that promotes job-heavy projects. In addition, we believe continued economic growth and low energy prices will lead to higher usage of toll roads, airports, and other port facilities.
  5. High-Yield Municipals to SPRING Ahead, But Then Investors Should FALL Back to Investment Grade.
    We believe high yield municipal bonds should outperform during the first half of the year, as investor demand for yield continues. However, in the latter part of the year, we believe investment grade should outperform, as the flattening yield curve causes refundings to accelerate. Active management will be essential to capturing the performance in the relative-value shift.

“The key to managing municipal portfolios in 2016 is being cognizant of the movements that influence municipal liquidity. We must take into account factors such as more aggressive cash flow demands on municipal mutual funds and the credit implications of lesser liquidity that will impact trading behavior. Given these market dynamics, we believe our approach to managing liquidity in 2016 will create investment opportunities,” explained MacKay Municipal Managers™ co-heads John Loffredo and Robert DiMella.

MacKay Municipal Managers™ manages $14.5 billion as of November 30, 2015. MacKay Municipal Managers™ is subadvisor to the MainStay High Yield Municipal Bond Fund (MMHAX, MMHIX), which was recently recognized by Money Magazine as a best-in-class fund for 2015 in the “Tax Exempt Bond Category”.

The team also subadvises the MainStay Tax Free Bond Fund (MTBAX, MTBIX), MainStay Tax Advantaged Short Term Bond Fund (MSTAX, MSTIX), MainStay California Tax Free Opportunities Fund (MSCAX, MCOIX) and the MainStay New York Tax Free Opportunities Fund (MNOAX, MNOIX). The team is co-headed by John Loffredo and Robert DiMella, who have worked together for over 20 years managing municipal bonds, including investment grade, high-yield and state-specific strategies.

January 07, 2016 10:02 AM Eastern Standard Time




Muni Issuance to Hit $8.77 bln Next Week Includes Both Chicago, Illinois.

Issuance in the U.S. municipal bond market will hit $8.77 billion next week with both fiscally troubled Chicago and Illinois seeking to tap investors.

It will be the first time the state of Illinois has issued bonds for 20 months.

Governor Bruce Rauner’s administration is downplaying Illinois’ ongoing budget battle ahead of a $480 million bond sale. An impasse between the Republican governor and Democratic lawmakers has left the fifth-largest U.S. state without a budget for the fiscal year that began July 1.

The disclosure document for the general obligation bonds indicates the absence of a budget is expected to increase significantly Illinois’ chronic backlog of unpaid bills, a gauge of the state’s structural budget deficit. It also points to last year’s rollback of temporarily increased income tax rates, which is expected to reduce revenue by as much as $5 billion annually.

Illinois’ 10-year general obligation bonds trade in the secondary market muni bond market with a 1.72 percentage point spread over top-rated municipal bonds, up from 1.40 percentage points a year ago.

Overall issuance will include $6.4 billion of negotiated deals and $2.18 billion of competitive deal.

Chicago will head to the municipal bond market next week with a $500 million bond issue amid uncertain pension funding requirements and political turmoil.

The general obligation refunding bonds are scheduled to be priced through Citigroup on Tuesday, according to bond sale documents. The sale comes as state legislative fixes to address Chicago’s $20 billion unfunded pension liability are uncertain.

Standard & Poor’s warned last week that Chicago’s BBB-plus bond rating could fall “multiple notches” if the city fails “to successfully implement contingency plans in a timely manner to fully meet its pension obligations with an identifiable and reliable revenue source.” Moody’s Investors Service already rates the city’s bonds at the “junk” level.

Reuters

Fri Jan 8, 2016

(Reporting by Edward Krudy; Editing by Leslie Adler)




Ambac, FGIC Covering Puerto Rico Bond Payments After Default.

Insurance companies that guarantee a Puerto Rico agency’s bonds are covering some payments that the island’s government defaulted on this month.

Ambac Financial Group Inc. paid $10.3 million in interest that was due Monday on Puerto Rico Infrastructure Financing Authority debt, Abbe Goldstein, a spokeswoman for the bond insurer, said in an e-mail Tuesday.

Financial Guaranty Insurance Co. will pay 22 percent of $6.4 million in interest it insures, Edward Turi, a spokesman for FGIC, said in a phone call Tuesday. Standard & Poor’s cut Prifa, as the authority is known, to D because of the payment default.

Governor Alejandro Garcia Padilla last week said Prifa would default on $35.9 million of interest. The governor last month ordered that Prifa’s rum-tax revenue be redirected to help cover its general-obligation debt, which the commonwealth’s constitution says must be repaid before other obligations. The change allowed Puerto Rico to avoid defaulting on its direct debt and potentially setting off lawsuits for repayment as those securities have the strongest legal protections.

First Default

Ambac Financial insures $1.07 billion of Prifa principal and interest payments through 2044 in the event of a default, as of Sept. 30, according to the company’s website. That includes $52 million of debt service in 2016. FGIC insures repayment of $768.8 million of Prifa’s principal and interest through 2045, as of Sept. 30, according to its website. It insures $10.6 million of debt service in 2016, according to Turi.

U.S. Bancorp, Prifa’s bond trustee, hasn’t received sufficient funds from the agency to repay debt service due Jan. 4, according to a filing posted Tuesday on the Municipal Securities Rulemaking Board’s website, known as EMMA. The trustee held a “small residual amount from prior debt service payments, which it has allocated pro rata across all the bonds entitled to payment of interest,” according to the filing.

This is the second Puerto Rico agency to default, after the Public Finance Corp. in August began missing monthly debt-service payments because lawmakers failed to allocate the funds. The PFC also missed a Jan. 1 payment.

In a Dec. 29 letter to the governor and his administration, the bond insurers said the commonwealth should return the rum-tax revenue to Prifa and end the clawback. The insurers calculate as much as $94 million was redirected before Dec. 1. That’s when Garcia Padilla signed an executive order to begin the clawback.

The Highways and Transportation Authority and the Convention Center District Authority said last month that they would use reserve cash to repay investors after Puerto Rico redirected their revenue, according to EMMA filings.

Bloomberg Business

by Michelle Kaske

January 5, 2016 — 10:42 AM PST Updated on January 5, 2016 — 2:36 PM PST




Illinois Ending Exile From Bond Market Amid Record Budget Fight.

As Illinois prepares its first bond sale in almost two years, investors say the worst-rated state in America will pay for leaving its fiscal house in a shambles.

Since it last sold general-obligation bonds in April 2014, the Illinois Supreme Court threw out the state’s effort to cut workers’ benefits to help close a $111 billion pension-fund deficit. Its credit rating has been cut. And temporary tax increases have expired, leaving Republican Governor Bruce Rauner and Democratic lawmakers locked in a record-long impasse that’s left the state without a budget for more than six months.

The $480 million of federally tax-exempt bonds scheduled for sale on Jan. 14 will illustrate the cost of Illinois’s long-building strains, which have caused investors to demand higher premiums to buy its bonds. The state’s 30-year securities yield 4.67 percent, about 1.8 percentage points more than top-rated debt. That gap has risen by almost 0.7 percentage point since April 2014 and is the highest among the 20 states tracked by Bloomberg.

“They’re definitely going to have to pay a higher yield,” said Dan Solender, head of municipals at Lord Abbett & Co. in Jersey City, New Jersey, which manages $17 billion of the debt, including Illinois bonds. “They’re going to be penalized compared to other bonds of similar ratings.”

In Illinois’s last sale, bonds maturing in 2039 were issued at a yield of 4.5 percent, about 2.2 percentage points more than benchmark securities, according to data compiled by Bloomberg. When they traded on Dec. 28, the difference had widened to about 3 percentage points.

Budget Battleground

The state’s budget was put under strain after tax increases expired last year. Since then, Rauner, the first Republican to lead the state since 2003, and the Democrat-controlled legislature have been unable to agree on a spending plan for the year that started in July. Without action, the patchwork of measures that are keeping the government running will cause spending to exceed revenue by as much as $5 billion this fiscal year, according to bond documents.

The proceeds of the bond offering will go toward transportation projects. The securities are backed by the state’s “full faith and credit” and can be paid even without a budget in place, the documents show.
“Infrastructure is critical,” Rauner told reporters on Monday. “It’s very appropriate that despite everything, that we continue to invest in our infrastructure, and bonding is part of that.”

Rating Downgrades

While rating companies affirmed the state’s grade in the run up to the sale, Moody’s Investors Service cut Illinois in October to Baa1, three steps above junk. Fitch Ratings also dropped Illinois that month to an equivalent BBB+ because of the budget logjam.

Standard & Poor’s, whose A- rating on Illinois is one step higher than Moody’s and Fitch, on Dec. 23 removed the state from negative watch. S&P still has a negative outlook on Illinois, indicating it could still be downgraded.

“Road construction and transit improvements are key factors in growing the Illinois economy, which is why Illinois is planning a bond sale,” Catherine Kelly, a spokeswoman for Rauner, said in an e-mailed statement. “There was no change in our general-obligation bond ratings from the three major ratings agencies, but they did highlight the need for long-term structural reforms to improve our fiscal outlook.”

The impasse is delaying progress on Illinois’s biggest challenge: its unfunded pensions. The state’s four plans have less than half of what’s needed to cover promised benefits. In May, the Illinois Supreme Court ruled the state’s attempt to cut pension benefits was unconstitutional. Since then, partisan gridlock has kept officials from finding an alternative fix.

Illinois is going to have to price the deal “pretty attractively” in order to get a good reception from investors, said Dan Heckman, a senior fixed-income strategist in Kansas City at U.S. Bank Wealth Management, which oversees $130 billion.

“I think 2016, in our opinion, is kind of a waterfall year for the state,” said Heckman. “I think credit-rating agencies are running out of patience. It will be very important and critical for the state to get its financial house in order as much as possible.”

Rauner and lawmakers have been unable to agree on how to do so. In return for approving any new revenue, the Republican governor wants Democrats to back some of his proposals, such as political term limits or curbs on local property taxes. Democrats want to focus on the budget.

‘Tough Votes’

Rauner said on Tuesday that negotiations are happening every week, and there’s no reason a budget deal can’t be concluded after the legislature returns on Jan. 13. Still, he said Democratic leaders may wait until after the primary election in March — or even the November general election — to take “tough votes.”

The impasse may be affecting the state’s economy, according to the Institute of Government and Public Affairs at the University of Illinois. The institute’s index that tracks the growth of corporate earnings, consumer spending and personal income fell last month to the lowest since March 2013, according to J. Fred Giertz, who compiles it. The decline can’t be definitely attributed to the budget standoff, but it “is likely that it is beginning to have an impact,” he said in a statement.

“I don’t know that we’ve hit the bottom,” said Richard Ciccarone, Chicago-based chief executive officer of Merritt Research Services. “There’s a lot of things yet to happen.”

Bloomberg Business

by Elizabeth Campbell

January 5, 2016 — 9:01 PM PST Updated on January 6, 2016 — 6:22 AM PST




Once Bankrupt Orange County Borrows to Pay Bill Others Shirk.

California’s Orange County, which went bankrupt in 1994 after losing derivative bets, is resorting to a less aggressive financial tactic to save money. And it’s for something many governments neglect: The annual bill to the employees’ pension fund.

The county Thursday sold $334 million in taxable pension-obligation bonds that mature in June 2017. Unlike typical pension debt, which reinvests borrowed money for decades in hope of turning a profit, the short-term securities will allow it to receive a discount by making its full retirement contribution up front.

The county’s decision to make good on its pension promises stands in contrast to governments such as Chicago or New Jersey, which are dealing with soaring debts after years of shortchanging their funds. It’s also part of the county’s effort to repair an image once sullied by its then-record bankruptcy. Last month, Standard & Poor’s raised its rating one step to AA+, the second-highest level and the best for the county since 2000.

“We put that behind us,” said Suzanne Luster, the county’s public finance director, about the bankruptcy, which ended in 1997. “The board since that time and the financial management have been very conservative. We’ve made tremendous strides in our continued recovery.”

Orange County, home to Disneyland and 3 million residents, is benefiting from a strong economy, driven by the tourism, life-science and high-tech industries, S&P said. Officials have built up reserves, put together five-year plans and monitor its investments, the New York-based ratings company said.

In the offering, the securities maturing in June 2017 were priced for a top yield of 1.2 percent, about 0.45 percentage point more than benchmark debt, according to data compiled by Bloomberg. The debt is graded AA by S&P, one step lower than the county’s overall rating.

The county has made its required pension payments in full since 2006, bond documents show, and has relied on short-term borrowings to do so early every year since 2011. By making the retirement contribution in full this month, instead of every two weeks for a year, the county would save about $17 million, Luster said.

Eleven of 15 employers in the pension fund opted to pay their contributions early for the last fiscal year, according to the Orange County Employees Retirement System.

Orange County differs from other municipalities that have issued bonds to pay retirement obligations because of that incentive, said Mark Wuensch, senior fixed-income analyst in New York at Principal Global Investors, which manages $6 billion in munis.

“In general, I’m not a huge proponent of borrowing to pay your debts. In this case it’s warranted,” he said. “They have an actual cost savings by doing this.”

The county also has taken steps to shift some of the pension costs to its workers, he said.
“They’re going in the right direction,” said Wuensch.

Bloomberg Business

by Romy Varghese

January 7, 2016 — 2:00 AM PST Updated on January 7, 2016 — 2:48 PM PST




Muni Yields Plunge to 11-Month Low as Wave of Cash Dwarfs Supply.

Municipal-bond yields plunged to the lowest level since February after investors plowed the most money into tax-exempt mutual funds in almost a year and stock prices slid.

The yield on an index of 10-year AAA municipal bonds has declined 0.09 percentage point this week to 1.91 percent, the lowest since Feb. 5, according to data compiled by Bloomberg. Yields on benchmark munis due in 30 years have dropped 0.07 percentage point since the end of 2015 to 2.83 percent, the lowest since Feb. 11.

The drop has been fueled by a flood of money into the $3.7 trillion market. Individuals added $1.3 billion to muni funds in the week through Dec. 30, the most in almost a year, Lipper US Fund Flows data show. It marked the 13th consecutive week that they’ve gained money, the longest streak since the end of 2014.

Meanwhile states and cities are issuing $2.9 billion of debt this week, slowly ramping up from the $3 billion offered in the final two weeks of 2015.

“We’re performing well because of a lack of supply in our market, which is typical for early January,” said David Manges, muni trading manager at BNY Mellon Capital Markets LLC in Pittsburgh. “We’re also seeing a lot of customer cash being put to work and a lot of reinvestment money being put to work.”

Munis have already returned 0.37 percent in 2016, compared with 0.13 percent for U.S. Treasuries and 0.17 percent for investment-grade corporate bonds, Bank of America Merrill Lynch data show. It would be the fifth-straight year of gains in January. In each of the past two years, the first month proved to be the best for returns.

A decline in stock prices worldwide has also led investors to shift money into the safest assets. Yields on benchmark 10-year U.S. Treasury notes have dropped 0.08 percentage point to 2.19 percent since the end of last year.

Bloomberg Business

by Brian Chappatta

January 6, 2016 — 8:58 AM PST




Muni Yields Tumble Most Since 2012 Amid China Meltdown: Chart

Benchmark 10-year municipal-bond yields extended their steepest decline in almost four years as funds are flush with cash at a time of global market turmoil, boosting the appeal of the U.S. tax-exempt debt’s relative safety.

The yield on an index of 10-year AAA rated munis plunged 0.07 percentage point to 1.83 percent on Thursday, data compiled by Bloomberg show. That brings the overall decline in the first four trading days of 2016 to 0.17 percentage point, the steepest drop of any four-day stretch since March 2012.

Individuals added $2.2 billion to tax-exempt mutual funds in the week through Dec. 30, the most since January 2013, according to Investment Company Institute data. The appeal of munis and other fixed-income assets may grow after concerns that China’s slowdown will hamper global growth have wiped $2.5 trillion off the value of global equities this year.

Munis have earned 0.72 percent already in 2016, outpacing the 0.57 percent return on U.S. Treasuries and 0.58 percent gain on investment-grade corporate debt, Bank of America Merrill Lynch data show. State and local debt outperformed the other assets in 2015.

Bloomberg Business

by Brian Chappatta

January 7, 2016 — 12:06 PM PST




January Effect Lives On As Municipal Bond Funds Flush With Cash.

Mutual funds in the $3.7 trillion municipal-bond market are flush with cash heading into 2016.

Individuals added $1.3 billion to funds focused on state and local-government debt in the week through Dec. 30, the most in almost a year, Lipper US Fund Flows data show. It marked the 13th consecutive week that they’ve gained money, the longest streak since the end of 2014.

 

The surging demand for tax-exempt debt means the market may be headed for its fifth-straight January gain, said Peter Hayes, head of munis at BlackRock Inc., the world’s largest money manager. In each of the past two years, the first month proved to be the best for returns: Munis rallied 1.8 percent in January 2015 and 2.3 percent in 2014, Bank of America Merrill Lynch data show.

“January is usually a positive performance month and we think this January will be positive,” said Hayes, who oversees $111 billion of the debt. “Demand should remain strong.”

Shaken Off

The muni market has posted six straight monthly gains, shaking off concerns about Puerto Rico’s escalating fiscal crisis as defaults decline and the finances of most governments continue to improve along with the economy. State and local debt was less volatile than stocks, commodities and other bonds in 2015, providing higher returns both on an absolute basis and when adjusting for price swings.

January tends to deliver a predictable performance. The market has rallied in all but six years since 1989, Bank of America data show. The last time it dropped was at the start of 2011, after analyst Meredith Whitney rattled investors with a prediction for widespread defaults that later proved off base.

Individual investors hold the majority of munis through private accounts or mutual funds. They sometimes chase performance by pouring money into the market when it’s rallying and withdrawing it during routs.

That phenomenon was on display after munis began a three-month losing streak in April 2015, when signs of economic gains increased speculation that the Federal Reserve would soon raise interest rates. Beginning that May, individuals yanked money from mutual funds for 11 straight weeks, the longest stretch of outflows in 18 months. The withdrawals subsided when the market rebounded and the Fed delayed its move.

‘Sweet Spot’

Most muni analysts expect moderate gains for 2016 as the Fed pushes forward with plans to tighten monetary policy further this year, after increasing rates last month for the first time since 2006. Yet with U.S. manufacturing contracting in December at the fastest pace in more than six years and the S&P 500 Index touching its lowest price since October, any positive return may make it stand out in the U.S. financial markets.

“It’s really the sweet spot for muni investors: The U.S. growing fast enough to improve credit quality, but not too fast to generate a lot of inflation,” said David Hammer, who runs a $583 million high-yield fund at Pacific Investment Management Co. in New York. “That means investors are going to focus on the income portion of their portfolio to drive total returns. Munis fit perfectly into that.”

Bloomberg Business

by Brian Chappatta

January 4, 2016 — 9:01 PM PST Updated on January 5, 2016 — 5:56 AM PST




Muni Investors Who Got 2015 Right Seek Gains in Market's Swings.

MacKay Shields’s John Loffredo and Robert DiMella made five predictions for the municipal-bond market in 2015, and they all came true. This year, the co-heads of munis at the $90 billion investment firm expect a liquidity tug-of-war to create profit-making opportunities.

With trading growing thinner and securities dealers pulling cash from the market, muni prices are at risk of being whipsawed if investors rush for the exits, the money managers said in an interview. Such a run could be brought on by rising interest rates, Puerto Rico’s escalating fiscal crisis, or credit-rating cuts to perpetually struggling states such a New Jersey, Illinois and Pennsylvania. A scare, they said, would provide a chance to pick up bonds on the cheap.

The weaker liquidity means “volatility is going to be higher, movements in the market are going to be greater than they historically otherwise would’ve been,” said DiMella, whose company had two of the 10 best-performing open-end muni funds in the past year. MacKay, a unit of New York Life Insurance Co., oversees $14.5 billion of the securities.

“For us, it’s not run for the hills,” DiMella said. “Take advantage of it, especially in a marketplace that investors on average don’t look to take advantage of any type of dislocations.”

Trading volume in the $3.7 trillion market shrank in 2015 to the lowest level in at least a decade, according to data from the Municipal Securities Rulemaking Board, with about $2.2 trillion of bonds changing hands. That’s one-third of the peak in 2007, before the financial crisis caused dealers to cut their holdings of tax-exempt securities by 76 percent.

The muni market is divided among tens of thousands of borrowers and the majority of debt is held by buy-and-hold investors, who are looking for steady, tax-free returns. That’s long made it less liquid than the Treasury and corporate markets.

Sometimes that works in the bonds’ favor, like when they outpaced most other assets in a tumultuous 2015. At other times, it doesn’t: The market was pummeled in late 2010 following speculation that the recession’s impact would trigger rising defaults, and again in mid-2013 because of concern that the Federal Reserve was poised to begin tightening monetary policy.

Wilder Ride

MacKay’s Loffredo and DiMella said price swings are more likely to occur in 2016 and will be more severe when they do.

During the first week of the year, munis rallied as the ripple effects of slowing growth in China led investors to seek safe havens. Benchmark 10-year muni yields had their steepest decline in almost four years, dropping 0.16 percentage point to 1.84 percent, an 11-month low.

If the pendulum shifts, the lack of trading could increase stress on the market. The average daily volume for municipal bonds is less than 2 percent of what it is for Treasuries and less than half that of corporate debt, according to the Securities Industry and Financial Markets Association.

Trading has declined every year since 2010, according to the MSRB’s statistics. At the same time, dealers cut their muni holdings to about $16 billion at the end of September from as much as $66 billion in early 2008, according to Fed data, as regulations and narrower profits due to low interest rates led banks to devote less capital to the market.

“What we started seeing somewhat over the last five years is exacerbating in 2016,” Loffredo said.

MacKay’s MainStay California Tax Free Opportunities Fund returned 5.5 percent in 2015, beating 98 percent of its peers, while its MainStay High Yield Municipal Bond Fund exceeded 85 percent of its competitors with a 5.6 percent gain. The two were among the 10 best over the past year, according to data compiled by Bloomberg.

Among the firm’s other forecasts: Revenue bonds will outperform general obligations, and transportation debt, such as those sold by airports and toll roads, will be one of the top-performing segments. The demand for new securities will be more closely tied to the amount of money flowing into the market than in the past. And high-yield, which posted the top returns in 2015, will extend gains in the first half of the year, only to trail investment-grade debt for the next six months.

Good Calls

Loffredo and DiMella’s calls last year proved prescient.

They predicted high demand for tax-exempt debt, which held true as individuals poured $13 billion into muni mutual funds throughout 2015, Lipper US Fund Flows data show.

They called for top-rated short-term debt to lag the market. That debt earned 0.7 percent last year, compared with 3.6 percent for the broad market, Bank of America Merrill Lynch data show.

They thought issuance would exceed expectations. It did, ending at the highest level since 2010.

They bet that tobacco bonds, one of the riskiest corners of the market, would be one of the top performers. The debt surged 13.5 percent, almost four times the returns of munis broadly, S&P Dow Jones Indices data show.

With a track record like that, muni investors may do well to prepare for what MacKay calls “liquidity wars” in 2016.

Bloomberg Business

by Brian Chappatta

January 7, 2016 — 9:01 PM PST Updated on January 8, 2016 — 5:47 AM PST




Bloomberg Brief Weekly Video - 01/07

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

8:43 AM PST
January 7, 2016




Munis Least Alluring to Treasuries Since 2011 After Rally: Chart

Municipal bonds look expensive on their own, with benchmark yields at an 11-month low. They look even pricier relative to U.S. Treasuries: the ratio of yields between the two assets tumbled Friday to 85 percent, to the smallest since May 2011.

Top rated 10-year muni bonds yield 1.84 percent, compared with 2.15 percent on similar-maturity Treasuries, data compiled by Bloomberg show. The ratio is a measure of relative value between the two, calculated by dividing the first number by the second. It signals that tax-free bonds are pricey relative to their federal counterparts.

Bloomberg Business

by Brian Chappatta

January 8, 2016 — 7:16 AM PST Updated on January 8, 2016 — 8:08 AM PST




Bond Insurers Sue Puerto Rico to Stop Revenue Diversion.

Insurance companies that guarantee Puerto Rico municipal debt filed a lawsuit challenging the commonwealth’s decision to divert revenue designated for some bonds to pay other creditors.

Ambac Financial Group Inc. and Assured Guaranty Ltd. said the clawback of revenue pledged to bond issues violates the U.S. Constitution by interfering with debt-holders’ contractual rights. The suit filed in U.S. District Court in Puerto Rico seeks to have the clawback declared unlawful and asks the court to issue an injunction against implementation, according to a statement.

“This may well just be the beginning,” Mark Palmer, a managing director at BTIG LLC who analyzes Puerto Rico and municipal bond insurers, said Friday. Bond insurers and investors “are going to use every means at their disposal to hold Puerto Rico to the letter of the law.”

Puerto Rico Governor Alejandro Garcia Padilla announced in December that the commonwealth would divert the revenue in order to fund its general-obligation debt payments, which have the highest priority under the island’s constitution. Puerto Rico defaulted on about $37 million in agency bond payments at the start of the year, saying it would focus on providing essential services as the commonwealth’s financial situation worsened.

 

“The commonwealth has committed itself to a ‘scorched earth’ strategy of blaming its fiscal and structural problems on lenders, Congress and others, in an effort to deflect responsibility and obtain retroactive application of bankruptcy laws,” Nader Tavakoli, chief executive officer of Ambac, said in the statement late Thursday.

Lobbying Congress

The insurers are the first to sue over the diversion. They claim a clawback can only be implemented if the commonwealth’s funds are insufficient to cover general-obligation debt service. Puerto Rico estimates approximately $9 billion of available resources in the fiscal year ending June 30, 2016, which vastly exceeds debt service on the public debt of approximately $1.85 billion, according to Ambac. Judge Jose Antonio Fuste will preside over the case, court documents show.

To help address its debt crisis, Puerto Rico officials have urged Congress to allow some commonwealth public corporations access to bankruptcy, the same as mainland localities and agencies. That would give the island a legal guideline for how to restructure much of its $70 billion of debt. The commonwealth, as well as states, is prohibited from using bankruptcy to reorganize its finances.

“This latest development will force a race to the courthouse,” Garcia Padilla said in a statement Friday.

“And with no legal framework to handle this impending litigation crisis, both the commonwealth and its creditors will soon face the opposite of due process and rule of law. This reality causes great uncertainty for all parties involved.”

Rum Tax

The targeted clawback revenue comes from the Puerto Rico Highways and Transportation Authority, the Puerto Rico Convention Center District Authority and the Puerto Rico Infrastructure Financing Authority, known as Prifa. Ambac paid $10.3 million in interest that was due Jan. 1 for the Prifa bonds.

The Prifa default was the second by a Puerto Rico agency. The Public Finance Corp. in August began missing monthly debt-service payments because lawmakers failed to allocate the funds. The PFC also missed a Jan. 1 payment.

Shares of Ambac dropped 9 cents Friday to $12.74, the lowest level since the insurer emerged from bankruptcy in May 2013. Assured Guaranty declined 36 cents to $25.15 as of 2:44 p.m. in New York.

Financial Guaranty Insurance Co. will pay 22 percent of $6.4 million in Prifa interest it insures. Edward Turi, general counsel for FGIC, didn’t immediately respond to an e-mail and phone message seeking comment on the Ambac and Assured Guaranty suit.

Prepa Deal

Less than two weeks before Prifa’s payment default, Assured Guaranty, along with MBIA’s National Public Finance Guarantee Corp., agreed to restructure $8.2 billion of Puerto Rico Electric Power Authority debt. While the utility’s funds aren’t subject to clawback, Garcia Padilla’s revenue diversion goes against the restructuring pact, Dominic Frederico, Assured Guaranty’s president and chief executive officer, said in a statement Thursday.

“These actions stand in contrast to the consensual agreement that we and other creditors recently reached with Puerto Rico’s electric utility, Prepa,” Frederico said.

In a Dec. 29 letter to the governor and his administration, bond insurers said the commonwealth should return rum-tax revenue to Prifa. The insurers calculate as much as $94 million was redirected before Dec. 1. That’s when Garcia Padilla signed an executive order to begin the clawback.

The Highways and Transportation Authority and the Convention Center District Authority said last month that they would use reserve cash to repay investors after Puerto Rico redirected their revenue, according to regulatory filings.

Bloomberg Business

by Michelle Kaske

January 8, 2016 — 5:38 AM PST Updated on January 8, 2016 — 11:51 AM PST




San Bernardino Bankruptcy Leaves Little for Police-Brutality Payouts.

Officers were praised after mass shooting, but California city’s fiscal woes mean plaintiffs in excessive-force lawsuits could get just 1% of promised settlements

Terry Wayne Jackson died March 1, 2009, after several San Bernardino, Calif., police officers, responding to complaints that the 21-year-old mentally ill man wasn’t wearing pants in a park, wrestled him to the ground and tasered him.

His mother, Sheryl Nash, sued and won. City leaders promised to pay $686,000 by July 15, 2012. Two weeks after that deadline, San Bernardino filed for bankruptcy.

City officials now say they can’t afford to pay Mr. Jackson’s mother or the more than 100 others who have sued San Bernardino for injuries and deaths allegedly caused by its police officers and employees.

Under the city’s recent proposal to exit bankruptcy protection that still needs a judge’s approval, she might get only 1% of what the city settled for: $6,860.

Lawyers for Mr. Jackson’s mother and other families with settlements are fighting the proposed cost-cutting plan—a battle that shines a light on the police department’s troubles amid an outpouring of praise for how its officers handled the Dec. 2 mass shooting that killed 14 people. Politicians and law-enforcement experts lauded the city’s officers for a quick response that prevented the attack from escalating.

San Bernardino’s police department has been hit hard by the city’s financial problems, losing 30% of its officers in recent years despite the city’s high violent-crime rate. Under the bankruptcy plan, the city would spend $56.5 million in the next five years to hire more officers and buy new vehicles.

The plan, however, would inflict some of the deepest cuts on people who have sued over incidents of alleged police brutality or excessive force. San Bernardino faced 109 lawsuits seeking a total of $19 million in “personal injury and bodily injury” claims against the city and its employees as of Nov. 25.

Lazaro Fernandez, a lawyer for Mr. Jackson’s mother and other families with settlements, said they are “entitled to collect the full amounts” owed by the city.

“[These are] individuals whose lives have been forever changed by the actions of employees of the [city],” Mr. Fernandez said in court papers.

Gary Saenz, a lawyer for San Bernardino, didn’t respond to emailed requests for comment.

U.S. Bankruptcy Judge Meredith Jury is scheduled to review objections to the city’s bankruptcy-exit summary at a March 9 hearing. If she approves the plan, it would go to creditors for a vote.

Paul Glassman, a lawyer for San Bernardino, defended the proposed cuts at a recent court hearing, calling San Bernardino “a deeply service-insolvent city.”

Cities that declare bankruptcy have the power to cut payments they have promised to Wall Street, retired workers and other creditors. But bankruptcy law doesn’t say how much people behind police lawsuits should be paid when a city files for protection.

San Bernardino’s plan proposes a 1% payment rate, though city officials promised to negotiate each lawsuit separately. Some might get insurance money, the city said, though it hasn’t provided details.

A federal judge cleared Detroit to pay less than 15% of what it owed in lawsuit settlements and judgments despite protests from those affected that the amount was too low. A California judge who handled an excessive-force lawsuit in Vallejo, which emerged from bankruptcy in 2011, called it “alarming” that bankruptcy law can let a city “erase its own liability” when its police officers violated a person’s civil rights.

“Civil-rights advocates may need to go to Congress and get clarification so there are better protections for victims of police brutality,” said Melissa Jacoby, a law professor at the University of North Carolina-Chapel Hill.

San Bernardino filed for bankruptcy Aug. 1, 2012, saying it would otherwise run out of money to pay city employees. Housing prices in the city, about 60 miles east of Los Angeles, plummeted during the economic slowdown, leading the city to take in less revenue from property taxes.

City lawyers who drew up a bankruptcy-exit strategy freed up money for the city’s roads, information-technology systems and city hall, which needs $20 million to prepare it for earthquakes. The plan proposes steep cuts to health-care benefits for retired city workers and to payments to a European bank that lent the city $51 million to cover pensions. Like Mr. Jackson’s mother, bondholders can expect to be repaid 1% and have objected to the plan.

In Detroit’s bankruptcy, the largest municipal case in U.S. history, city leaders offered a higher recovery rate of 13% to people who had sued the city and to other groups with similar debts, though city officials are expected to negotiate each claim individually.

Among those suing Detroit when it filed for bankruptcy was Walter Swift, who was wrongfully convicted of criminal sexual conduct in 1982 and spent 26 years in prison. His lawyer complained in court papers that the city’s bankruptcy further delayed the civil-rights lawsuit filed in 2010. The case was settled after Detroit’s bankruptcy ended in late 2014 and Mr. Swift received $2.5 million, said Bill Goodman, his lawyer.

“We settled for less than we otherwise would have because of the reality of the bankruptcy,” Mr. Goodman said.

Those who were offered the 13% recovery had the chance to vote to reject the offer, and many of them did. But a bankruptcy judge ruled Detroit’s survival outweighed the rights of people with judgments against the city.

“Detroit’s inability to provide adequate municipal services runs deep and has for years,” Judge Steven Rhodes said at the time. “It is inhumane and intolerable, and it must be fixed.”

THE WALL STREET JOURNAL

By KATY STECH

Jan. 7, 2016 5:28 p.m. ET

Write to Katy Stech at katherine.stech@wsj.com




Bond Insurers Sue Puerto Rico for Redirecting Debt-Payment Funds.

Units of bond insurers Ambac Financial Group Inc. and Assured Guaranty Ltd. on Thursday challenged Puerto Rico’s move to pay some investors at the expense of others, escalating the U.S. commonwealth’s struggle with creditors.

The insurers, which back almost $8 billion of debt from the island between them, asked the U.S. District Court for the District of Puerto Rico to block the move, arguing it violates the U.S. Constitution. Puerto Rico this week missed about $37 million in bond payments, after redirecting money collected to pay some debt toward bonds with stronger legal protections.

The commonwealth “is disregarding the priorities of its own Constitution and the rule of the law,” Dominic Frederico, Assured’s chief executive officer, said in a statement. “This confiscation of revenues pledged to bondholders is illegal.”

Puerto Rico Gov. Alejandro Garcia Padilla said in a statement that such lawsuits have “been widely predicted and forewarned” because the U.S. Congress hasn’t granted the island access to the municipal bankruptcy protections currently denied the commonwealth and its agencies.

“This latest development will force a race to the courthouse, and with no legal framework to handle this impending litigation crisis, both the commonwealth and its creditors will soon face the opposite of due process and rule of law,” Mr. Garcia Padilla said.

Puerto Rico owes investors about $70 billion and has struggled with a nearly decadelong recession and a steep population decline that last year led Mr. Garcia Padilla to declare its debts unpayable. The commonwealth began defaulting on debt with its weakest legal pledge in August and in December said it would begin diverting money toward bonds guaranteed by the island’s constitution.

That move violates the U.S. Constitution’s takings and contracts clauses, and the commonwealth isn’t allowed to divert the money “where other available resources exist from which the public debt could be paid,” the insurers said in the court filing.

​Mr. Garcia Padilla said last week that the redirection would avert a wave of lawsuits that would have followed a default on debt backed by the commonwealth’s full faith and credit.

The insurers’ suit may renew pressure for action from the U.S. Congress, where Democrats and the Obama administration have sought legislation that would allow Puerto Rico to restructure its debt and proposed bills to temporarily stay lawsuits against the commonwealth. House Speaker Paul Ryan has called for lawmakers to find a “responsible solution” to the island’s financial crisis by the end of March. Some investors oppose such a move, saying it is unneeded and won’t solve Puerto Rico’s problems.

Bond insurers, which make principal and interest payments when a state or local government that sold debt fails to pay, are central to any restructuring effort in Puerto Rico because they back a wide variety of bonds from the commonwealth’s nearly 20 debt-issuing entities, complicating the island’s ability to prioritize payments. The situation also threatens to derail a modest comeback for the insurers, who suffered losses in the 2008 financial crisis after guaranteeing risky mortgage-backed securities.

Nader Tavakoli, chief executive for Ambac, said Puerto Rico is attempting to blame its fiscal and structural problems on creditors, “in an effort to deflect responsibility and obtain retroactive application of bankruptcy laws.”

The commonwealth’s actions “stand in contrast” to last month’s negotiated agreement with some bondholders and insurers to restructure the Puerto Rico Electric Power Authority, or Prepa, Assured’s Mr. Frederico said.

While the deal over Prepa’s $9 billion of debt still requires legislation from Puerto Rico lawmakers, among other hurdles, it raised some hopes that talks can resolve some disputes over the commonwealth’s debt in the absence of lawsuits or bankruptcy filings.

THE WALL STREET JOURNAL

By AARON KURILOFF

Updated Jan. 8, 2016 4:25 p.m. ET

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com




AT&T Steps Up 'Smart Cities' Push, to Offer More Services.

NEW YORK — AT&T Inc will expand its smart city services to help municipal authorities remotely monitor conditions of roads and bridges in real time and give citizens mobile apps to stay informed about things like traffic and safety problems, the company said on Tuesday.

The company’s smart cities efforts are aimed at tapping into a market that some expect to grow beyond $1 trillion by 2020. AT&T has not yet broken out revenue or profit for such “Internet of Things” services. These include things like connected cars and wired homes with automated thermostats and security systems.

AT&T has been demonstrating its smart cities technology at an event for developers on the sidelines of this week’s Consumer Electronics Show in Las Vegas.

So far, AT&T’s existing smart-city services comprise Web-connected utility meters, street lights and water systems. The No. 2 U.S. wireless company said it is also building a digital dashboard to help city authorities monitor city conditions and developments from power outages to traffic jams.

In recent years, authorities of some cities from Barcelona, Spain to San Jose, California, have slowly been working on “smart cities” with telecom and technology companies. The technology being developed aims to improve the quality and cost-efficiency of services such as energy and transportation, and to help manage resources better.

Some cities including Chicago, Dallas and Atlanta “have agreed to partner and work with us to deploy some of these solutions together.” Chris Penrose, senior vice president of AT&T’s Internet of Things division, said in an interview.

“We can actually monitor and measure the real feedback from both citizens and … savings and improved operational costs for the cities that we can then take that and use with other cities going forward.”

With the U.S. wireless market reaching saturation, AT&T is looking for new revenue sources by developing Web-connected services including smart cities, connected cars and automated homes.

The global market for “smart cities” is expected to grow to about $1.6 trillion in 2020, according to consulting firm Frost & Sullivan.

Technology companies have also embarked on smart city efforts such as Alphabet Inc’s Sidewalk Labs that is developing technologies aimed at improving urban life and city services.

AT&T has forged partnerships with companies including Cisco Systems Inc, General Electric Co, Intel Corp and Qualcomm Inc to develop services for smart cities. In September, it set up a new division to focus on smart cities.

By REUTERS

JAN. 5, 2016, 1:48 P.M. E.S.T.

(Reporting by Malathi Nayak; Editing by David Gregorio)




Chicago Sets $500 Million Bond Sale Amid Pension Uncertainty.

CHICAGO — Chicago will head to the municipal bond market next week with a $500 million bond issue amid uncertain pension funding requirements and political turmoil.

The general obligation refunding bonds are scheduled to be priced through Citigroup on Jan. 12, according to bond sale documents released late on Tuesday. The sale comes as state legislative fixes to address Chicago’s $20 billion unfunded pension liability remain up in the air and Mayor Rahm Emanuel struggles with political fallout from controversial police shootings, including calls for his resignation.

Chicago’s current budget relies on a bill passed by the Illinois House and Senate that would reduce city payments to its pension funds covering police and fire fighters. The bill has not been sent to Governor Bruce Rauner, who has been critical of the measure.

A record $543 million phased-in property tax increase approved by the city council in October exclusively for public safety worker pensions would still leave Chicago with a funding gap of about $200 million if that bill is not enacted.

Standard & Poor’s warned last week that Chicago’s BBB-plus bond rating could fall “multiple notches” if the city fails “to successfully implement contingency plans in a timely manner to fully meet its pension obligations with an identifiable and reliable revenue source.” The city’s bond rating with Moody’s Investors Service is already in the “junk” level.

In a presale presentation, Chicago finance officials said the city has about $510 million remaining from a new $750 million credit line with three banks “to meet unforeseen financial obligations.”

Meanwhile, a 2014 Illinois law mandating higher city contributions and lower benefits for its municipal and laborers’ retirement funds is before the Illinois Supreme Court, which is expected to rule soon on the law’s constitutionality.

The bond sale will continue the practice, which the city is phasing out, of restructuring debt service payments on outstanding bonds to free up revenue. The sale will be followed by a $480 million GO bond offering on Jan. 14 by Illinois, which is also mired in a financial crisis. Chicago pays a heftier penalty in the bond market than the state. The city’s so-called credit spread over Municipal Market Data’s benchmark triple-A scale hovered around 250 basis points for 20-year bonds, while the spread for Illinois bonds was 171 basis points.

By REUTERS

JAN. 6, 2016, 2:54 P.M. E.S.T.

(Reporting by Karen Pierog; Editing by Matthew Lewis)




Puerto Rico Pleads for Congressional Help as Lawsuits Are Filed.

Puerto Rico’s governor on Friday renewed his plea for Congress to provide bankruptcy protection for the debt-ridden island, after two bond insurers filed lawsuits over his decision to default on millions of dollars in bond payments last week.

“Swift action from our congressional leaders is necessary and what the people of Puerto Rico deserve,” said Gov. Alejandro García Padilla in a statement.

Two insurers of Puerto Rican bonds that are now in default sued the governor and other senior officials on Thursday, saying they had illegally diverted money from some creditors so they could pay other creditors in full.

The Assured Guaranty Corporation and the Ambac Assurance Corporation said in their complaint that Puerto Rico had diverted at least $163 million that had been pledged to pay debts they had insured. Those debts were in the form of municipal bonds issued by three governmental authorities on the island.

Mr. García Padilla said the lawsuit was a sign that a dreaded “race to the courthouse” had begun, leading to “litigation pandemonium” as different creditors sought to enforce their claims on the island’s resources. He called on Congress to enact legislation that would give Puerto Rico the ability to take shelter in bankruptcy, where such creditor litigation would be automatically stayed.

Democratic members of Congress have favored a bankruptcy law for Puerto Rico, but the Republicans who hold the majority in both houses have generally said they need more financial information first.

“With no legal framework to handle this impending litigation crisis, both the Commonwealth and its creditors will soon face the opposite of due process and rule of law,” Mr. García Padilla warned.

Last week, Mr. García Padilla confirmed that he had used at least $163 million — slightly less than the earlier reported $174 million — to help make a large payment due Jan. 1 to investors who hold Puerto Rico’s general obligation bonds. That type of bond is given the highest payment priority by the Puerto Rican constitution. Mr. García Padilla diverted the money by issuing an executive order on Nov. 30, starting what is called a “clawback” of funds from lower-priority bondholders.

Assured Guaranty and Ambac said in their complaint that the clawback was unconstitutional, because it “substantially and unjustifiably” impaired their contract rights under the United States Constitution. They also said they had constitutionally protected property interests in the money, because they held liens on the pledged funds.

They acknowledged that their liens were subject to being paid after the general obligation bonds, but said the use of the clawback was still unlawful under the circumstances, “namely, where other available resources exist from which the public debt could be paid.”

For months, Puerto Rico has been operating on a triage basis, diverting cash away from certain programs and services and using it to pay the bills deemed most urgent. The government came under criticism in December, for example, for using $120 million of public money to pay Christmas bonuses to public workers and retirees. The governor said he was required by law to pay the bonuses.

The two insurers asked the court to declare the clawback unconstitutional and bar the Puerto Rican government from diverting any more pledged money. Their suit was filed in United States District Court in San Juan.

The three public authorities whose bonds have been affected by the clawback are the Highways and Transportation Authority, the Convention Center District Authority and the Infrastructure Financing Authority. Although the holders of those bonds received some of the principal and interest payments due Jan. 1, those payments were made from prepaid reserves, which is considered a technical default.

The Infrastructure Financing Authority did not have the prepaid reserves in place to make the payment, and Ambac stepped in and provided $10.3 million.

THE NEW YORK TIMES

By MARY WILLIAMS WALSH

JAN. 8, 2016




Ambac Shares Fall as Puerto Rico Moves to Default on Some Bonds.

Shares of bond insurer Ambac Financial Group Inc. fall as much as 4.2 percent after Puerto Rico Governor Alejandro Garcia Padilla said the commonwealth would default on some bonds insured by a company subsidiary.

Puerto Rico won’t make a $35.9 million payment due Jan. 1 on debt issued by the Puerto Rico Infrastructure Financing Authority and backed by federal excise taxes on rum produced on the island and sold in the U.S.

The island also won’t make a $1.4 million payment on Public Finance Corp. bonds. A $357 million payment of interest due on Puerto Rico’s general-obligation debt will be paid.

Garcia Padilla has warned for weeks that if forced to choose between paying creditors and paying for essential services, he would choose to keep residents safe and healthy. The commonwealth’s constitution states that general-obligation bonds must be repaid before other expenses.

Ambac and Financial Guaranty Insurance Co. wrote to Padilla on Tuesday demanding that as much as $94 million of rum-tax revenue already diverted from rum-tax bond be returned and plans for future claw-backs abandoned.

They said that the plan to divert rum-tax revenue pledged to $1.9 billion of bonds issued by PRIFA violated the commonwealth’s constitution as well as the takings, contracts and due process clauses of the U.S. Constitution.

The “pattern of activity is unacceptable,” Nader Tavakoli, executive chairman of Ambac Assurance, and Derek Donnelly, a senior managing director at FGIC, said in the letter released Tuesday. The companies haven’t filed a legal action.

Ambac didn’t immediately respond to an e-mailed request for comment. FGIC spokesman Timothy Tattam declined to comment on Padilla’s decision to default on the PRIFA bonds.

Shares of Ambac have declined 41 percent. This year. The stock fell 49 cents to $14.48 at 1:35 p.m. in New York.

Bloomberg Business

by Martin Z Braun

December 30, 2015 — 11:12 AM PST




Puerto Rico to Default on $37 Million of Payments Due Jan. 1.

Puerto Rico will default on about $37 million in bond payments due Jan. 1 and divert revenue to make others, escalating a conflict with investors as Governor Alejandro Garcia Padilla seeks to restructure a $70 billion debt burden.

The amount is a fraction of the almost $1 billion in interest due at the start of the year. The island will miss payments on $35.9 million of non-commonwealth guaranteed Puerto Rico Infrastructure Financing Authority debt and $1.4 million of Public Finance Corp. bonds. The money is being used to help pay investors who are owned $328.7 million of interest on general-obligation debt.

Garcia Padilla has warned for weeks that if forced to choose between paying creditors and paying for essential services, he would favor his people. A skipped general-obligation payment would have marked a turning point in Puerto Rico’s debt crisis because the securities are considered to have the strongest legal protections among the island’s different issuers. The commonwealth’s constitution states that general-obligation bonds must be repaid before other expenses.

”My government has the responsibility to protect, as much as possible, Puerto Ricans from grave consequences,” Garcia Padilla said in a press conference in San Juan. ”In recent months we have put up a tough fight in Congress, looking for the tools we need. We all know that the creditors have spent a fortune lobbying against Puerto Ricans in Congress.”

Revenue Clawback

Puerto Rico general-obligation bonds with an 8 percent coupon and maturing 2035 gained after the governor said the payments will be made. The debt traded at an average price of 73 cents on the dollar, up from 71.5 cents Tuesday, data compiled by Bloomberg show. The average yield was 11.5 percent.

“In reality, this is a remarkably mild default, given the commonwealth’s repeated claims about its inability to pay debt,” said Daniel Hanson, an analyst at Height Securities, a Washington-based broker dealer. ”When a debtor repeatedly claims they have no cash but then pay more than $900 million in debt service, the credibility of the debtor must be called into question.”

Garcia Padilla this month started redirecting revenue used to repay certain agency debt to the central government’s coffers. About half of funds to make the general-obligation bond payment — $164 million — is coming from the clawback. By keeping the commonwealth’s pledge to those investors, he hopes to continue negotiating with bondholders as Congress works on a plan for the island, he said.

 

Agencies such as the Highways & Transportation Authority and the Convention Center District Authority had said they’ll use reserves to help pay their investors on Jan. 1. Holders of bonds issued by the Government Development Bank, the Public Buildings Authority, the Employees Retirement System, the Industrial Development Company and the University of Puerto Rico will also receive payments due in January.

The Infrastructure Financing Authority, while defaulting on some debt, will make payments that are guaranteed by the commonwealth. Holders of sales-tax revenue debt will also receive their payments– and for the future. Puerto Rico doesn’t have plans to clawback sales-tax collections because the government doesn’t have control over that revenue, Melba Acosta, president of the GDB, said Wednesday during a call with reporters.

Holders of sales-tax bonds, known as Cofinas, will receive the February payments totaling $200 million, Acosta said. May will be the next time payments will be due on debt that is subject to the clawback — $400 million on GDB securities, she said.

Initial Default

Only one Puerto Rico entity has already skipped debt payments. The Public Finance Corp., which borrowed to help cover the government’s budget deficits, in August failed to pay principal and interest because lawmakers didn’t appropriate the funds. Its bonds due in 2031 trade for about six cents on the dollar.

Because they’re backed by a weaker legal pledge than other securities, there have been few repercussions.

Garcia Padilla in late June said the commonwealth was unable to repay all of its obligations on time and in full. Puerto Rico’s economy shrank 15 percent in the past decade after federal tax breaks for U.S. manufacturers ended in 2006, taking away incentives for pharmaceutical companies and other businesses to remain on the island. Residents also left to find work on the U.S. mainland, resulting in a 9.2 percent population drop since 2004, according to U.S. Census data.

Congressional Action

The default follows Garcia Padilla’s failed attempt to persuade Congress in December to include a provision in a $1.1 trillion spending bill to allow commonwealth agencies to file for bankruptcy protection. House Speaker Paul Ryan directed committee heads to come up with a plan for Puerto Rico by the end of March.

Congressional Democrats on Dec. 21 filed bills that would shield Puerto Rico from any lawsuits until then.

The $3.7 trillion municipal-bond market has been anticipating a default on commonwealth debt because Puerto Rico securities have been trading at distressed levels for two years. Commonwealth debt has lost 8.1 percent this year through Dec. 29, compared with a 3.3 percent gain in the broader muni market, according to S&P Dow Jones Indices.

Bloomberg Business

by Michelle Kaske and Romy Varghese

December 30, 2015 — 10:00 AM PST Updated on December 30, 2015 — 1:14 PM PST




S&P: Chicago Finishes the Year Without Pension Relief and Without a Definite Plan to Fund its 2016 Pension Payment.

CHICAGO (Standard & Poor’s) Dec. 29, 2015 — Time ticks on for Chicago toward the last day it can amend its property tax levy for the 2016 budget– Dec. 29, 2015. When the city adopted its 2016 budget in October, it increased its property taxes as an important first step toward fiscal balance, but as we noted on Oct. 28, 2015, in our article “Chicago’s Ratings Unaffected By City Council’s Budget Approval,” it was perhaps not a complete step in its efforts to address its growing police and fire pension contribution obligations. The deadline to amend property taxes will pass before the city will hear whether the governor will approve Senate Bill (SB) 777. SB 777 passed through both houses of the Illinois General Assembly by May 2015, and calls for a five-year step up of the actuarially required contributions to the police and fire pensions, which will provide the city partial relief from a spike in police and fire pension contributions that it would otherwise be obligated to make in 2016. The bill has not been forwarded to the governor at this time.

We noted on Oct. 28, 2015, that the final 2016 budget assumes the passage of SB777, and the city’s accompanying tax increase covers about $328 million of the $550 million increase in police and fire pension plan contributions that the city will owe under the statutes as they are currently written. Should the state ultimately fail to approve SB777, the city will have to address the approximately $200 million expenditure gap in its budget. City officials currently do not plan to amend the property tax levy beyond what is set in the 2016 budget. And while the city will not be able to amend the property tax levy after Dec. 29 in time to affect spring 2016 tax bills, officials indicate the city has contingency plans to fully accommodate the larger pension contribution amount, if needed, in the form of various revenue sources it can
implement during 2016, and it has short-term financing in place that it can use until those revenues become available.

Our future view of the city’s ability to meet its obligations will depend on how the city addresses its continued budget gap in the event SB 777 does not pass. Should the governor not approve SB 777, Chicago’s failure to successfully implement contingency plans in a timely manner to fully meet its pension obligations with an identifiable and reliable revenue source would likely strain the rating on the city, potentially by multiple notches.

We have determined, based solely on the developments described herein, that no rating actions are currently warranted. Only a rating committee may determine a rating action and, as these developments were not viewed as material to the ratings, neither they nor this report were reviewed by a rating committee.

Standard & Poor’s Ratings Services, part of McGraw Hill Financial (NYSE: MHFI), is the world’s leading provider of independent credit risk research and benchmarks. We publish more than a million credit ratings on debt issued by sovereign, municipal, corporate and financial sector entities. With over 1,400 credit analysts in 26 countries, and more than 150 years’ experience of assessing credit risk, we offer a unique combination of global coverage and local insight. Our research and opinions about relative credit risk provide market participants with information and independent benchmarks that help to support the growth of transparent, liquid debt markets worldwide.

Primary Credit Analyst: Helen Samuelson, Chicago (1) 312-233-7011;
helen.samuelson@standardandpoors.com

Secondary Contact: Lisa R Schroeer, Charlottesville (1) 434-220-0892;
lisa.schroeer@standardandpoors.com




Puerto Rico to Skip Some Payments, Likely Prompting Turmoil.

Puerto Rico is scheduled to pay some investors at the expense of others today, likely opening new clashes with creditors that threaten to exacerbate the commonwealth’s financial crisis and adding to calls for action from the U.S. Congress.

Gov. Alejandro Garcia Padilla last week said the commonwealth would make about $330 million in payments on its constitutionally guaranteed general obligation bonds after diverting money from debt with weaker legal protections. The island also plans to miss about $37 million in bond payments, most from the Puerto Rico Infrastructure Financing Authority, or Prifa.

Several analysts said Puerto Rico’s ongoing defaults may provoke lawsuits as soon as this week against the commonwealth and its agencies, which lack access to the legal process used for U.S. municipal bankruptcies. The governor said the island will avoid a surge of litigation that would have followed a missed payment on general obligation debt.

Puerto Rico owes investors about $70 billion and has struggled with a 10-year recession and a steep population decline that last year led Mr. Garcia Padilla to declare its debts unpayable. The commonwealth began defaulting in August on debt with its weakest legal pledge, and the governor has said he would prioritize public services over bondholders.

The defaults may also renew pressure for action from the U.S. Congress, where the Obama administration and congressional Democrats have sought legislation that would allow Puerto Rico to restructure its debt, and proposed bills to temporarily stay lawsuits against the commonwealth.

Matt Fabian, partner at the research firm Municipal Market Analytics, said redirecting tax money from one set of bonds to another opens Puerto Rico to lawsuits from the insurers or investors who may have legal remedies when the commonwealth defaults, either by breaching bond contracts or failing to pay.

“People who don’t get paid sue,” he said.

Bond insurers Ambac Financial Group Inc. and Financial Guaranty Insurance Co. last week demanded a halt to the island’s redirection of funds, calling it illegal in a letter to the governor and other top Puerto Rico officials. The companies, which combined insure more than $860 million of Prifa bonds, said redirecting the rum taxes that back the debt violates the U.S. and Puerto Rico constitutions and the “pattern of activity is unacceptable.” Ambac shares fell about 2.7% last week after the governor’s announcement.

Bond insurers, which make principal and interest payments when the state or local government that sold them fails to pay, are central to any restructuring effort in Puerto Rico because they back a wide variety of bonds from the commonwealth’s nearly 20 debt-issuing entities, complicating the island’s ability to prioritize payments. The situation also threatens to derail a modest comeback for the insurers, who suffered losses in the 2008 financial crisis after guaranteeing risky mortgage-backed securities.

While Puerto Rico’s approach shouldn’t cause significant strain on insurers in the short term, “it’s not good news for them,” said Rob Haines, an analyst at the research firm CreditSights.

Mark Palmer, an analyst at BTIG, said the island’s crisis was entering a new phase in which lawsuits were likely, yet a pattern has emerged in which “Puerto Rico announces the least impactful default possible, that doesn’t involve constitutionally protected debt, then uses that as a platform to lobby Congress” for bankruptcy protections.

Puerto Rico, investors and bond insurers did reach a negotiated accord last month, inking a deal to restructure the Puerto Rico Electric Power Authority, or Prepa. While that still requires legislation from Puerto Rico lawmakers, along with other hurdles, it raised hopes that negotiations can resolve some disputes in the absence of either bankruptcy filings or lawsuits.

John Miller, co-head of fixed income at Nuveen Asset Management LLC, which manages about $100 billion of municipal bonds, said Puerto Rico’s payment strategy was “the least disruptive to the marketplace” and “an effort to demonstrate their commitment to bondholder negotiations” while the island seeks debt relief from Congress.

“The ability of Puerto Rico to keep making all but a few smaller payments may actually add to the skepticism there, and cause U.S. politicians to push for the release of current financials and the imposition of a control board,” he said.

THE WALL STREET JOURNAL

By AARON KURILOFF

Updated Jan. 4, 2016 11:55 a.m. ET

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com




Municipal Bond Sales to Rise in January After 23% Jump in 2015.

Municipal bond sales in the U.S. are set to increase in the next month while the amount of redemptions and maturing debt falls following a year when new issues and the size of the market expanded.

States and localities plan to issue $8.3 billion of bonds over the next 30 days, according to data compiled by Bloomberg. A week ago, the calendar showed $5.6 billion planned for the coming month. Supply figures exclude derivatives and variable-rate debt. Some municipalities set their deals less than a month before borrowing.
Municipalities have announced $9.8 billion of redemptions and an additional $10.3 billion of debt matures in the next 30 days, compared with the $20.1 billion total that was scheduled a week ago.

For all of 2015, sales rose 23 percent to $376.8 billion from the $305.5 total in 2014, Bloomberg data show. New issues fell short of the record $407.7 billion in 2010. The U.S. municipal market expanded by 0.7 percent this year to $3.53 trillion.

Issuers from New Jersey have the most debt coming due this month, with $1.6 billion, followed by Illinois at $1.43 billion and Indiana with $1 billion. New Jersey Turnpike Authority has the biggest amount of securities maturing, with $1.28 billion.

Investors added $647 million to mutual funds that target municipal securities in the week ended December 16, compared with an increase of $825 million in the previous period, according to Investment Company Institute data compiled by Bloomberg.

Exchange-traded funds that buy municipal debt increased by $160 million last week, boosting the value of the ETFs 0.85 percent to $18.9 billion.

State and local debt maturing in 10 years now yields 89.2 percent of Treasuries, compared with 90.1 percent in the previous session and the 200-day moving average of 100.9 percent, Bloomberg data show.

Bonds of California and Massachusetts had the best performance over the past year compared with the average yield of AAA rated 10-year securities, the data shows. Yields on California’s securities narrowed 9 basis points to 2.18 percent while Massachusetts’ declined 8 basis points to 2.11 percent. Puerto Rico and New Jersey handed investors the worst results. The yield gap on Puerto Rico bonds widened 147 basis points to 11.82 percent and New Jersey’s rose 8 basis points to 2.91 percent.

Bloomberg Data News

December 28, 2015 — 3:47 AM PST

This story was produced by the Bloomberg Automated News Generator.




Muni Bonds Winner in 2015; Junk Bonds Big Loser.

Municipal bonds have been the biggest winner in the U.S. fixed-income universe this year, while junk bonds have been the biggest loser.

The report card captures a balancing act among investors during a year of uncertain global growth, punctuated by a sharp decline in oil and other commodities, concerns about a slowdown in China’s economy and the Federal Reserve’s first interest-rate increase since 2006.

Many investors shed their exposure to corporate bonds sold by lower-rated firms, led by the energy sector that bore the brunt of the bear run in oil.

But with U.S. Treasury yields remaining stubbornly low–contrasting to bond bears’ predictions of much higher yields this year–many dabbled into municipal bonds and high-grade mortgage-backed securities, or MBS, to obtain relatively higher income.

U.S. municipal bonds have posted a total return–including price gains and interest payments–of 3.19% this year through Tuesday, according to data from Barclays PLC.

MBS has returned 1.38%, while U.S. government debt has returned 1.03%.

On the losing side: junk bonds posted a negative return of 5.28%. Its sibling–investment-grade corporate debt–had a negative 0.68% return.

Another loser: Treasury inflation-protected securities, with a negative return of 1.8%. Lower oil prices have reduced inflation concerns, which sapped the appeal of financial assets that offer a hedge against higher consumer prices.

The S&P 500 stock index has returned 1.1%–including price gains and dividend payments, this year through Tuesday, according to FactSet.

THE WALL STREET JOURNAL

by MIN ZENG

Dec 23, 2015




Illinois Record Budget Impasse Makes It Worse for the State's Pension Disaster.

As 2015 draws to a close, Illinois marks half a year without a budget. No spending plan has driven up borrowing costs, sunk its credit rating, and perhaps worst of all, exacerbated the state’s biggest problem: its underfunded pensions.

Home to the least-funded state retirement system in the nation, Illinois has $111 billion of pension debt, which breaks down to more than $8,000 per resident. Partisan gridlock has produced the longest budget impasse in Illinois history. The stalemate has not only weakened state finances, it has kept lawmakers from finding a fix for those mounting liabilities.

 

“The delay on the budget is definitely delaying anything being done about the pensions,” said Dan Solender, head of municipals at Lord Abbett & Co. in Jersey City, New Jersey, which manages $17 billion of local debt, including Illinois general-obligation bonds. The firm is underweight Illinois. “The longer you wait to try to catch up on funding, the worse the situation gets.“

Illinois’s fiscal health will deteriorate further without a budget, hindering its ability to mend its pension system. Moody’s Investors Service dropped Illinois, already the worst-rated state, to the lowest investment-grade tier in October as the budget stalemate dragged on. Last month, Moody’s warned that pensions are Illinois’s “greatest challenge.”

It’s been seven months since the Illinois Supreme Court rejected the state’s solution. Justices threw out the 2013 restructuring that took six attempts over 16 months to pass, despite one-party rule at the time. The measure was projected to save $145 billion over 30 years by limiting cost-of-living adjustments and raising the retirement age.

Illinois enters 2016 snarled in partisan bickering as Governor Bruce Rauner, the state’s first Republican chief executive in 12 years, and the Democrat-controlled legislature can’t agree on annual appropriations, much less an overhaul of a retirement system that must withstand an inevitable legal challenge. The state constitution bans reducing worker retirement benefits.

In July, Rauner laid out a plan to create a tiered system to cut retirement liabilities. At the time, he said it would save taxpayers billions of dollars. The proposal, which included a measure to allow municipalities to file for bankruptcy protection, was never introduced, according to Catherine Kelly, his spokeswoman.

Standard & Poor’s removed Illinois’s A- rating from negative watch on Wednesday, a designation that usually signals a downgrade is imminent. In doing so, the New York-based company kept Illinois one step higher than Moody’s and Fitch Ratings. Fitch dropped Illinois in October to BBB+, the third lowest investment grade, and Moody’s cut its rank to the equivalent Baa1 later that month.

Rauner and members of his administration have regular talks on pension reform with the four legislative leaders and their staffs, according to Kelly, who reiterated the governor’s call for structural changes like term limits and property tax relief.

“Illinois’ pension crisis is one of the most pressing issues facing the state, and common-sense reforms are needed to achieve real savings in our pension system to ensure its long-term viability,” Kelly said in an e-mailed statement.

Illinois is set to pay about $7.5 billion to pensions this fiscal year, and another $7.8 billion in the year that starts July 1, according to the Civic Federation, citing preliminary estimates by the retirements systems.

Delayed Payment

Even with the record budget impasse, about one of every $5 from the state’s general fund coffers is going toward pensions, according to a Civic Federation report that cites estimates from Illinois Senate Democrats published on Aug. 13. The state’s four plans are only 42 percent funded based on the market value of assets, according to the Commission on Government Forecasting and Accountability. That compares to 60 percent a decade earlier.

The lack of a budget forced the state comptroller to delay a $560 million November payment to the state retirement system. Illinois’s unpaid bills totaled $7.6 billion as of Dec. 18, according to that office. The November retirement payment will be paid in the spring when the state has more revenue from income tax collections, according to the comptroller’s staff.

Investor Confidence

While Comptroller Leslie Geissler Munger has said bond payments are prioritized, the lack of budget has shaken some investors’ confidence. Illinois hasn’t sold bonds since April 2014, a record borrowing drought.

The spread on its existing debt has widened. Investors demand 1.8 percentage points of extra yield to own 30-year Illinois bonds, the most among the 20 states tracked by Bloomberg. When the spread climbs, that’s reflecting that investors think the problem is getting worse, said Richard Ciccarone, Chicago-based chief executive officer of Merritt Research Services.

“What’s the root cause of why we’re in the problem we’re in?” Ciccarone said. “It’s down to the pensions.”
Illinois is like a patient in the emergency room, said Paul Mansour at Conning, which oversees $11 billion of munis, including Illinois securities. The budget stalemate is the crisis at hand, and the unfunded pension liabilities is the chronic disease that’s only getting worse. The budget standoff is hurting future negotiations on pension changes, he said.

“It’s not an atmosphere of conciliation and compromise,” said Mansour. “It’s an atmosphere of conflicts.”

Bloomberg Business

by Elizabeth Campbell

December 22, 2015 — 9:00 PM PST Updated on December 23, 2015 — 11:37 AM PST




Puerto Rico Electric Wins Debt-Cutting Deal With Creditors.

Puerto Rico’s electric utility reached an agreement with insurance companies MBIA Inc. and Assured Guaranty Ltd. and bondholders to restructure its $8.2 billion of debt, marking a first step by the Caribbean island to reduce financial obligations that have left the government contending with a mounting fiscal crisis.

The deal brings together the Puerto Rico Electric Power Authority, the largest U.S. public-power provider, insurers and others such as hedge funds that hold 70 percent of its debt, the agency, known as Prepa, said in a statement late Wednesday. Its obligations would be cut by more than $600 million, with investors taking losses of about 15 percent by exchanging their bonds for new securities. The transaction aims to free up cash so the utility can modernize plants. The pact requires that lawmakers approve the deal by Jan. 22.

“It gives us liquidity, it gives us breathing room,” Lisa Donahue, Prepa’s chief restructuring officer, said in a telephone interview Wednesday night. “It gives us cash to invest in infrastructure and to provide, ultimately, sustainable clean power for Puerto Rico.”

The accord will result in the largest-ever restructuring in the $3.7 trillion municipal-bond market. It may be viewed as a potential guide for how other Puerto Rico agencies could cut their debts as the government rapidly runs out of cash.

Puerto Rico, with a population of 3.5 million, owes $70 billion, more than any U.S. state except California and New York. Governor Alejandro Garcia Padilla is seeking to reduce that debt load by asking investors to take losses on their commonwealth holdings.

Averting Default

The agreement enables the utility to avoid defaulting on a $196 million interest payment due Jan. 1 and free up funds by refinancing $115 million of debt if lawmakers approve the deal next month. The insurers will provide a surety bond of as much as $462 million that will guarantee repayment in the event of a default.

MBIA’s National Public Finance Guarantee Corp. will provide as much as $344 million of that, according to a Dec. 24 financial filing from the company.

A Prepa bond maturing July 2026 traded Thursday at an average price of 58 cents on the dollar, up from an average 53 cents on Dec. 18, data compiled by Bloomberg show. The average yield was about 12 percent.

“The physical infrastructure of Prepa is in dire need of repair, so we’re happy they’ve made some progress,” Phil Fischer, Bank of America Merrill Lynch’s head of municipal research, said in an interview. “We really need to know the details to know whether or not it effectively solves the problem.”

Prepa has been negotiating for more than a year. The process shows the difficulty Puerto Rico faces in seeking to persuade investors to accept less than they’re owed on its bonds, which were sold by more than a dozen different arms of the U.S. territory. Garcia Padilla said on Dec. 9 that the commonwealth may default as soon as January because it has run out of cash.

 

Under the restructuring, investors holding about 35 percent of the debt will take a 15 percent loss by exchanging their securities for new ones repaid with revenue from a customer surcharge that flows directly to a trustee. The transaction must be executed by June 30. Other bondholders, such as individual investors, will have the option to participate.

Shares Rally

Shares of MBIA and Assured Guaranty climbed Thursday. MBIA jumped 10 percent to $6.87 by 11:03 a.m. in New York. Assured rose 3.7 percent to $27.76.

Dominic Frederico, Assured Guaranty’s president and chief executive officer, said Thursday that the deal lays the groundwork for a “settlement that fosters modernization, long-term sustainable rates for ratepayers and continued access to efficient capital markets financing for Prepa.”

Greg Diamond, a spokesman for MBIA, said the company didn’t have a comment beyond a financial filing Thursday that details the agreement.

The parties reached a tentative accord on Dec. 17 after Donahue flew from Puerto Rico to New York to craft a plan before an existing bondholder deal expired, according to a person with knowledge of the talks who asked for anonymity because the discussions are private.

The restructuring would be the first step in Puerto Rico’s goal to reduce its obligations. It follows Garcia Padilla’s failed attempt this month to persuade Congress to include a provision in a $1.1 trillion spending bill to allow commonwealth agencies to file for bankruptcy protection, just as U.S. local governments and publicly owned corporations can. Without the power to have debt written off in court, Prepa’s only option has been to negotiate with bondholders.

The consent of the insurers, who had balked after an earlier deal was struck by bondholders, is the final piece in a plan to ease Prepa’s debt payments so it can invest in rehabilitating a system that uses crude oil to produce electricity. It would give Prepa debt-service relief for five years of more than $700 million.

The deal still needs approval from Puerto Rico lawmakers, who are set to reconvene on Jan. 11.
“That’s our next big milestone that we’re working on,” Donahue said.

Bloomberg Business

by Michelle Kaske

December 23, 2015 — 8:31 PM PST Updated on December 24, 2015 — 8:40 AM PST




Bank of America Tops Municipal Underwriter Ranks for Fourth Year.

John Lawlor, the head of Bank of America Corp.’s municipal-bond department, is a graduate of the U.S. Naval Academy. In 2015, he navigated the second-largest U.S. bank by assets to the top of the muni-bond underwriting table for the fourth straight year.

Charlotte, North Carolina-based Bank of America managed almost $52 billion of state and local government debt sales through Dec. 22. Citigroup Inc. and JPMorgan Chase & Co. and Citigroup Inc. are battling for second place, according to data compiled by Bloomberg.

 

One notable absence from the top 10: Goldman Sachs Group. Inc., which fell to 11th place from eighth last year. Taking Goldman’s place is Stifel Nicolaus & Co., the investment banking unit of Stifel Financial Corp. The St. Louis-based bank is moving up the charts after acquiring string of regional firms in the last few years, including California-based Stone & Youngberg LLC and E.J. De La Rosa & Co.

States and local governments have issued about $420 billion of long-term and short-term debt this year, 16 percent more than 2014 and the most since 2012. Volume was boosted by refinancings of higher cost debt in advance of the first interest-rate increase in nine years. Of the 10 biggest deals this year, only Georgia borrowed more for new projects than to refinance debt. Bank of America managed the biggest deal of the year, a $2.2 billion issue by New Jersey’s Economic Development Authority.

Municipal issuers may sell $389 billion of long-term bonds next year, down about 1 percent from 2015, according to a survey by the Securities Industry and Financial Markets Association.

While banks underwrote more bonds, they were getting paid less for it. Fees that Wall Street charges U.S. cities and states to sell bonds fell to lowest in seven years as banks competed for market share. The underwriting fees on the New Jersey EDA deal totaled $10.1 million, or $4.6 per $1,000 of bonds. That’s 20 cents less than the average negotiated underwriting spread of $4.8 per $1,000 bonds this year.

 

Profits were also depressed by sparse trading. Trading volume fell to the lowest level in at least 10 years during the third quarter, a period of low and volatile yields, which kept investors on the sidelines.

Bloomberg News

by Martin Z Braun and Sowjana Sivaloganathan

December 23, 2015 — 9:00 PM PST Updated on December 24, 2015 — 7:05 AM PST




Municipal Bond Sales to Rise in January After 23% Jump in 2015.

Municipal bond sales in the U.S. are set to increase in the next month while the amount of redemptions and maturing debt falls following a year when new issues and the size of the market expanded.

States and localities plan to issue $8.3 billion of bonds over the next 30 days, according to data compiled by Bloomberg. A week ago, the calendar showed $5.6 billion planned for the coming month. Supply figures exclude derivatives and variable-rate debt. Some municipalities set their deals less than a month before borrowing.

Municipalities have announced $9.8 billion of redemptions and an additional $10.3 billion of debt matures in the next 30 days, compared with the $20.1 billion total that was scheduled a week ago.

For all of 2015, sales rose 23 percent to $376.8 billion from the $305.5 total in 2014, Bloomberg data show. New issues fell short of the record $407.7 billion in 2010. The U.S. municipal market expanded by 0.7 percent this year to $3.53 trillion.

Issuers from New Jersey have the most debt coming due this month, with $1.6 billion, followed by Illinois at $1.43 billion and Indiana with $1 billion. New Jersey Turnpike Authority has the biggest amount of securities maturing, with $1.28 billion.

Investors added $647 million to mutual funds that target municipal securities in the week ended December 16, compared with an increase of $825 million in the previous period, according to Investment Company Institute data compiled by Bloomberg.

Exchange-traded funds that buy municipal debt increased by $160 million last week, boosting the value of the ETFs 0.85 percent to $18.9 billion.

State and local debt maturing in 10 years now yields 89.2 percent of Treasuries, compared with 90.1 percent in the previous session and the 200-day moving average of 100.9 percent, Bloomberg data show.

Bonds of California and Massachusetts had the best performance over the past year compared with the average yield of AAA rated 10-year securities, the data shows. Yields on California’s securities narrowed 9 basis points to 2.18 percent while Massachusetts’ declined 8 basis points to 2.11 percent. Puerto Rico and New Jersey handed investors the worst results. The yield gap on Puerto Rico bonds widened 147 basis points to 11.82 percent and New Jersey’s rose 8 basis points to 2.91 percent.

This story was produced by the Bloomberg Automated News Generator.

Bloomberg Data News

December 28, 2015 — 3:47 AM PST




Fitch Rates Illinois GOs 'BBB+'; Outlook Stable.

Fitch Ratings-New York-23 December 2015: Fitch Ratings has assigned a ‘BBB+’ rating to the following general obligation (GO) bonds of the state of Illinois:

-$480 million GO bonds, series of January 2016.

The bonds are expected to sell competitively on Jan. 14, 2016.

In addition, Fitch affirms the following rating:

-$26.2 billion in outstanding GO bonds at ‘BBB+’.

The Rating Outlook is Stable.

SECURITY
Direct general obligation, full faith and credit of the state of Illinois.

KEY RATING DRIVERS

REDUCED FLEXIBILITY: The rating reflects the continued deterioration of the state’s financial flexibility during its extended budget impasse. Illinois’ inability to balance its operations, eliminate accumulated liabilities, and grow reserves during a period of economic expansion leaves it vulnerable to the next economic downturn.

ONGOING BUDGET GAPS: After four years of nominally balanced operations that benefitted from temporary tax increases, the fiscal 2015 budget was only balanced through extensive one-time action and a budget has not been enacted for fiscal 2016, which began on July 1. The state continues to spend in most areas at the fiscal 2015 rate, which is expected to lead to a sizeable deficit. As was the case during the most recent recession, this deficit spending is likely to be addressed by deferring state payments and increasing accumulated liabilities.

LONG-TERM LIABILITIES HIGH: The state’s debt burden is above average and unfunded pension liabilities are exceptionally high. The state has limited flexibility with regard to pension obligations following the May 2015 Illinois Supreme Court decision that found the 2013 pension reform unconstitutional. Pensions remain an acute pressure on the state’s fiscal operations.

ECONOMY A CREDIT STRENGTH BUT RECOVERY WEAK: The state benefits from a large, diverse economy centered on the Chicago metropolitan area, which is the nation’s third largest and is a nationally important business and transportation center. Economic growth through the current expansion has lagged that of the U.S. as a whole.

RATING SENSITIVITIES

NEED FOR STRUCTURAL BALANCE: The Stable Outlook incorporates the expectation that the state of Illinois will use one-time solutions to nominally balance the fiscal 2016 budget but will not achieve more permanent, structural solutions in a time frame that will have a significant impact on fiscal 2016.

Failure to enact measures that lead to ongoing budget balance beyond fiscal 2016 could lead to negative rating action. Successful implementation of measures to enact a structurally balanced budget and reduce accumulated budget liabilities may lead to positive rating action.

CREDIT PROFILE

The ‘BBB+’ rating on the GO bonds of the state of Illinois reflects the deterioration of the state’s financial flexibility as its budget stalemate continues deep into the current fiscal year. With the national economic expansion now extending into a sixth year, Illinois has failed to capitalize on economic growth to restore flexibility utilized during the last recession or to find a solution to its chronic mismatch of revenues and expenditures. Once again, the state has displayed an unwillingness to address numerous fiscal challenges, which are now again increasing in magnitude as a result.

Temporary increases in personal and corporate income tax rates in place for four years, from Jan. 1, 2011 through Dec. 31, 2014, closed or partially closed the budget gap across five fiscal years. However, with their expiration, and the failure to enact a spending plan within expected revenues, the budget gap has ballooned. As a result, the state finds itself with a current operating deficit, structural budget deficit, cash crunch, and accumulation of accounts payable that approaches its highest level at the depth of the recession. As the fiscal year progresses, fewer options remain for closing the gap on a current year basis, pushing the potential solutions into fiscal 2017.

ONE-TIME SOLUTIONS CLOSED 2015 GAP

The current budget stalemate follows a fiscal 2015 when a significant gap was closed primarily through the use of one-time fund sweeps rather than on-going spending or revenue action. The enacted budget for fiscal 2015 relied on approximately $2 billion in one-time revenues to achieve balance, given the anticipated expiration of the temporary taxes half-way through the fiscal year. These included interfund borrowing, use of prior year surplus to prepay fiscal 2015 Medicaid expenses, underfunding of specific budget line-items, and an increase in anticipated accounts payable.

Upon taking office in January 2015, and finding a budget gap that was larger than expected, the current administration proposed, and the legislature enacted, an additional $1.3 billion in fund sweeps and approximately $300 million in budget reductions. However, despite some revenue overperformance, particularly in personal income tax collections, the lack of a structural solution in fiscal 2015 left the state in a weak fiscal position in developing the fiscal 2016 budget.

FISCAL 2016 SPENDING SUBSTANTIALLY ABOVE EXPECTED REVENUES

The governor and state legislature have not come to agreement on a spending and revenue plan for the current fiscal year, which began July 1, 2015, for which there is a large projected deficit that reflects the full-year impact of the temporary tax expirations.

Despite the absence of an enacted budget, due to continuing and permanent appropriations, court orders and consent decrees, and an enacted appropriation for schools, the state is spending approximately 86% of its budget at the fiscal 2015 enacted rate during the budget impasse. Continuing to spend at this rate, without further appropriations or other changes, is forecast to almost fully expend currently anticipated revenues. However, Fitch believes a significant portion of the remaining 14% of the budget, which includes major funding items such as group health insurance and higher education, will ultimately have to be covered with state revenue. Based on currently expected revenues, and without further adjustments to spending, this would lead to as much as a $4 billion to $4.7 billion operating deficit, or 13% to 15% of revenues. This deficit would most likely be addressed by an increase to the accumulated accounts payable balance. The state notes that it has already taken approximately $1 billion in actions to reduce spending in funds other than the general revenue funds, to reallocate to the general revenue fund, although the latter requires legislative action.

HIGH LONG-TERM LIABILITIES; STRONG RETIREE BENEFIT PROTECTIONS

Illinois’ long-term liabilities, particularly pension liabilities, are very high for a U.S. state. Illinois is the weakest of the states in terms of its ratio of debt and unfunded pension liabilities to personal income, at 24.7% as of 2014, is well above the median for states. This compares to Fitch’s calculated median of 5.8% for U.S. states.

As reported under the new reporting requirements of GASB 67, the PERS fiduciary net position as a percentage of the total pension liability was 40% as of June 30, 2015. Annual pension contributions, which total almost $7 billion in fiscal 2016, or 22% of expected revenues, have been increasing significantly but remain below actuarially-calculated levels. Growing pension contributions have been crowding out other expenditure growth and absorbing revenue growth, in Fitch’s view.

Illinois has no ability to unilaterally modify retiree benefits, as legal protections in the state are exceptionally strong. In May 2015 the Illinois Supreme Court found 2013 pension reform unconstitutional in a strongly worded decision. The ruling left pensions as an acute pressure on the state’s fiscal operations, with spending demands that are more inflexible than is the case for other states.

There is an irrevocable and continuing appropriation for all GO debt service, and continuing authority and direction to the state treasurer and comptroller to make all necessary transfers from any and all revenues and funds of the state. The state funds debt service in advance by setting aside 1/12 of principal and 1/6 of interest every month for payments due in the ensuing 12 months.

TEPID ECONOMIC GROWTH

Illinois’ economic performance, while positive, has lagged that of the U.S. as a whole. Employment growth has been well below the national average through the recovery/expansion period and has weakened relative to the U.S. in recent months. Non-farm employment grew at just a 0.6% year-over-year rate in November 2015. Through November 2015, the state has recovered only 72% of jobs lost in the downturn, among the weakest of the states at less than half the national recovery rate. Both GDP and personal income declined at a steeper rate in Illinois during the recession and have been increasing at a slower rate during the expansion.

Contact:

Primary Analyst
Karen Krop
Senior Director
+1-212-908-0661
Fitch Ratings, Inc.
33 Whitehall Street
New York, NY 10004

Secondary Analyst
Eric Kim
Director
+1-212-908-0241

Committee Chair
Douglas Offerman
Senior Director
+1-212-908-0889

Media Relations: Elizabeth Fogerty, New York, Tel: +1 (212) 908 0526, Email: elizabeth.fogerty@fitchratings.com.

Additional information is available at ‘www.fitchratings.com’.




Illinois Dodges Rating Downgrades Ahead of January Bond Sale.

Dec 23 Illinois on Wednesday avoided a downgrade of its relatively low credit ratings ahead of the state’s planned sale of $480 million of bonds next month.

Fitch Ratings affirmed a BBB-plus general obligation rating with a stable outlook. Standard & Poor’s removed the immediate threat of a downgrade of Illinois’ A-minus rating, but placed a negative outlook on it.

An impasse between Illinois’ Republican governor and Democrats who control the legislature has left the state without a budget for the fiscal year that began on July 1. The stalemate contributed to October downgrades by Fitch and Moody’s Investors Services of Illinois’ ratings, which were already the lowest among the 50 states, to just three steps above “junk.”

Both S&P and Fitch warned on Wednesday that Illinois’ rating could be downgraded if the state fails to enact measures to address its fiscal problems.

“The negative outlook reflects our view that we could lower our rating to the ‘BBB’ category should Illinois reach a budgetary agreement that does not make significant improvements to its budgetary alignment,” S&P analyst John Sugden said in a statement.

S&P, which said a downgrade was a possibility over the next six months, projected Illinois will end fiscal 2016 with a $4 billion to $5 billion operating deficit and that its unpaid bill pile, a barometer of a structural budget imbalance, would hit $10 billion.

Fitch said the state has set a Jan. 14 competitive sale of $480 million of GO bonds. Illinois, once a top issuer of municipal bonds, has been absent from the public debt market since May 2014.

The new deal will mark the first bond sale under Governor Bruce Rauner, who took office last January. His office did not immediately respond to a request for comment.

Even before its ratings fell into the low-investment grade triple-B level, Illinois was paying a hefty penalty to sell debt given its huge unfunded pension liability and chronic and large structural budget deficit.

Illinois’ so-called credit spread over Municipal Market Data’s benchmark triple-A yield scale stood at 170 basis points for bonds due in 10 and 30 years.

REUTERS

CHICAGO | BY KAREN PIEROG

(Editing by Matthew Lewis)




‘Safe’ Puerto Rican Debt Stirs Worries.

Investors uneasy that island will redirect money from Cofina bonds to pay off general-obligation debt

As Puerto Rico runs out of cash and approaches a Jan. 1 due date for about $1 billion in debt payments, investors increasingly are uneasy about the fate of bonds sold with a near guarantee.

The bonds, backed by sales taxes and known by the Spanish acronym Cofina, were issued starting a decade ago to plug budget gaps and repay other lenders. The debt at the time was considered the island’s safest offering, and Cofina bonds soon became the biggest chunk of Puerto Rico’s debt outstanding.

Now, as the struggling commonwealth redirects money intended for some debt to pay bonds with better legal protections, some analysts are predicting it will soon target Cofina bonds to avoid defaulting on its constitutionally protected general-obligation debt. Such a move would spark a showdown over its two most-sacrosanct obligations.

A spokeswoman for Puerto Rico declined to comment on Cofina.

As a sign of the concern, many of the Cofina bonds already trade below 60 cents on the dollar, less than benchmark debt from the island.

Some Cofina creditors aren’t waiting for the government to act, saying in a public statement last month that any effort to use the money for other purposes without their permission would violate the U.S. and Puerto Rico constitutions. “As one of the very few secured creditors in the Puerto Rico debt structure, we expect that our property rights will be protected,” the statement said.

“If the commonwealth defaults on its general-obligation debt, then bondholders are going to sue Puerto Rico to raid the sales taxes that back Cofina,” said Matt Fabian, partner at the research firm Municipal Market Analytics. “And if they don’t pay Cofina, those bondholders will sue, saying they have a property right to that revenue above all stakeholders.”

The looming conflict highlights the interconnectedness of Puerto Rico’s debt, the complexity of the island’s effort to negotiate competing legal claims on its dwindling cash and the nationwide breadth of creditor exposure to the fiscal crisis on the island.

Puerto Rico owes investors about $70 billion and has struggled with a decadelong recession and declining population, leading Gov. Alejandro García Padilla to call its debts unpayable. The commonwealth defaulted on bond payments in August and is in restructuring talks with creditors. It has also has turned to the U.S. Congress for access to bankruptcy protections.

Investors in Cofina range from mutual funds to hedge funds to individual retirees, an array of interests that characterizes Puerto Rico bondholders. About 130 municipal-bond mutual funds had Cofina holdings at the end of September, according to data from investment researcher Morningstar Inc. Many creditors own general-obligation debt, too. Bond insurers also back billions of dollars of Cofina debt, along with other Puerto Rico bonds.

About $4 billion of the Cofina debt was sold as zero-coupon bonds, which function like savings bonds. Investors buy the debt for less than face value and receive no interest payments—instead collecting a larger amount when the bonds mature, often decades in the future. The setup allows the issuer to avoid interest payments until the debt matures much later.

Some analysts say that structure enabled the island to dodge hard choices, piling a long-term financial problem atop Puerto Rico’s immediate crisis.

“This is a classic example of how Puerto Rico got into this mess,” said Sergio Marxuach, public-policy director at the Center for a New Economy, a think tank in San Juan.

Those zero-coupon bonds make it hard to say exactly how much Puerto Rico owes Cofina investors, which the island says in different disclosures is either $15.2 billion or $16.6 billion. Municipal Market Analytics puts the figure closer to $17.5 billion, saying the bonds increase in value as time goes by.

In 40 years, when the last zero-coupon bonds mature, the full payment to bondholders is scheduled to be about $25 billion—about one-quarter of the money borrowed through Cofina and two-thirds of the amount owed, that research firm found.

Some say negotiations ultimately will, and should, ensue over the Cofina bonds, as untangling legal claims between general-obligation and Cofina debt is likely to result in delay and uncertainty. Puerto Rico’s power authority reached a consensus restructuring deal with creditors last week after more than a year​ of talks.

“Gridlock will be complicated, time consuming, expensive, uncertain and result in less for investors rather than more,” said James Spiotto, managing director at the municipal-bond consulting firm Chapman Strategic Advisors, which consults on financial restructuring.​

THE WALL STREET JOURNAL

By AARON KURILOFF

Dec. 27, 2015 8:27 p.m. ET

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com




Bankrupt San Bernardino Spars With Creditors Over Police Spending.

(Reuters) – The bankrupt California city of San Bernardino won praise from bondholders on Wednesday for its handling earlier this month of the massacre that killed 14 people, but at the first significant court hearing since the attack, creditors questioned a plan to increase spending to bolster the police force.

U.S. Bankruptcy Court Judge Meredith Jury also praised the city for its handling of the shooting by a married couple.

Creditors were concerned with their treatment in San Bernardino’s proposed plan to exit Chapter 9 protection.

Bondholders questioned the city’s plan to spend $159 million over 20 years to increase police staffing, improve technology and replace aging vehicles, and another $24 million set aside as a bankruptcy reserve.

Representing EEPK, the Luxembourg-based bank and the city’s second-largest creditor, Vince Marriott said the plan was “completely opaque,” and the city needed “to explain in more detail what it is, what it is for, and how it is calculated.”

San Bernardino has proposed to pay a penny on the dollar on nearly $50 million in pension obligation bonds held by EEPK.

The city’s police force has fallen from about 350 sworn officers in 2009 to 290 today. The city has also slashed police pensions and overtime and wants to introduce a salary cap.

The city said that more than half of the police department’s squad vehicles require replacement, with many having been driven beyond 100,000 miles as a result of deferred maintenance. And outdated technology is not capable of dealing with the region’s increased crime, the city said.

City officials have described San Bernardino, with a population of 205,000 and located 65 miles east of Los Angeles, as one of the most thinly policed U.S. cities of its size. Residents worry that their city is not safe, and the number of homicides this year has reached 40, near the 42 investigated last year.

In May, San Bernardino proposed a plan to exit bankruptcy, called a plan of adjustment, that would virtually eliminate retiree health insurance costs, and outsource its fire, emergency response and trash services.

At the same time, the city would pay its largest creditor, the state pension fund CalPERS, in full, an approach taken in the recent bankruptcies of Detroit, Michigan and Stockton, California.

San Bernardino declared bankruptcy in 2012 with a $45 million deficit. Along with Detroit and Stockton, its bankruptcy has been closely watched by the $3.6 trillion U.S. municipal bond market.

The case is In Re: City of San Bernardino, California, Case No. 6:12-BK-28006-MJ in the U.S. Bankruptcy Court, Central District of California.

By REUTERS

DEC. 23, 2015, 7:57 P.M. E.S.T.

(Reporting by Robin Respaut; Editing by Leslie Adler)




Puerto Rico Utility Reaches Deal With Bond Insurers in Effort to Avoid Default.

Puerto Rico’s beleaguered electric utility announced new progress late Wednesday in its continuing efforts to avoid a default on as much as one-eighth of the island’s total debt of $72 billion.

Officials said that two bond insurers had agreed to take part in a five-year restructuring plan for the Puerto Rico Electric Power Authority, an islandwide monopoly. The insurers’ involvement signaled that Prepa had found a way to satisfy its bondholders, who expect to be paid about $177 million on Jan. 1, without having to part with that much cash itself.

Prepa is one of 13 branches of the Puerto Rican government scheduled to make bond payments on Jan. 1, for a total of around $902 million.

Cash is in short supply, and the island’s governor, Alejandro García Padilla, has warned that if he must choose between paying bondholders and providing essential public services, he will provide the services. His warnings have given rise to intense speculation as to which types of bond debt may be paid, and which may not.

The bond insurers participating in the restructuring deal were said to be operating units of Assured Guaranty and National Public Finance Guarantee. An official with knowledge of the negotiations said a third bond insurer with a smaller exposure, Syncora Guarantee, might join the process later.

On Jan. 1, the two participating bond insurers will purchase $50 million of new revenue bonds from Prepa; a creditors’ committee known as the Ad Hoc Group will purchase an additional $65 million worth of bonds. Those purchases will give Prepa $115 million of fresh cash, which it can use to honor a large part of its scheduled bond payment due that day. Prepa is expected to make the rest of the payment out of its own resources, according to people familiar with the talks.

In other respects, the restructuring plan resembles terms that were made public earlier this year. They called for giving Prepa five years’ worth of interest-rate relief, which would save the utility more than $700 million.

In addition, the creditors have agreed to permanently reduce Prepa’s outstanding bond principal by more than $600 million, according to a summary provided by the utility. This would be accomplished through a debt exchange, in which the holders of Prepa’s current, junk-rated bonds could turn them in and receive new investment-grade bonds.

Lisa J. Donahue, Prepa’s chief restructuring officer, said that to make sure the new bonds qualify for investment-grade ratings, the two bond insurers had agreed to backstop them by posting a type of financial guarantee, called a surety. The idea is to make investors want to exchange their shaky old bonds for the new ones, despite the lower face value, by making the new bonds a better credit risk.

The debt exchange is not expected to take place until next summer, and, until then, the negotiators must steer the deal around a number of obstacles. The first will fall no later than Jan. 23 — a deadline for the Puerto Rican legislature to pass enabling legislation for the deal. Legislators have so far shown little appetite, because they would also have to request a rate increase for Prepa.

Elected officials anywhere would be reluctant to authorize a rate increase in an election year, but in Puerto Rico the increase would come in the wake of new taxes imposed because of the financial crisis, school and hospital closings, and other painful austerity measures.

In addition, a large number of Prepa’s bondholders continue to stay aloof from the restructuring talks, perhaps hoping an even better deal might appear later.

The creditors on board so far represent about 70 percent of Prepa’s $9 billion debt; they include the Puerto Rico Government Development Bank, mutual funds, hedge funds, and banks that finance Prepa’s fuel purchases.

The holders of the remaining 30 percent of the debt have not yet signed onto the deal, and it is not clear whether enough of them ever will, at least under the incentives proposed by the current deal. But one more factor is expected to come into play in the first half of 2016: There are signs that Congress is preparing to make some form of bankruptcy protection available to Puerto Rico.

Currently, none of the island’s government bodies have any legal standing to take shelter in Chapter 9 municipal bankruptcy. But that could change soon, and the bankruptcy laws include what are known as cramdown provisions, which make it possible for a bankruptcy judge to force holdout creditors to accept a deal.

THE NEW YORK TIMES

By MARY WILLIAMS WALSH

DEC. 24, 2015




Puerto Rico Needs Debt Restructuring Authority: U.S. Treasury Secretary.

NEW YORK — Puerto Rico needs debt restructuring authority under U.S. bankruptcy law to address what the Obama Administration has previously called an “escalating crisis”, U.S. Treasury Secretary Jack Lew, said on Fox Business Network TV on Thursday.

U.S. House of Representatives Speaker, Republican Paul Ryan, has instructed committees to work with Puerto Rico’s government to come up with a solution to the island’s financial problems and said this should be crafted by the end of March.

The House is expected to hold a Jan. 5 hearing on the U.S. territory’s financial problems.

Puerto Rico has some $70 billion in debt, a poverty rate of 45 percent, and has been in recession for nearly a decade. On Jan. 1 it faces roughly $1 billion in debt payments and officials have warned of a default on some of that paper.

With debt of more than $8 billion and inefficient operations, PREPA had been one of the crucial public agencies to restructure, and remained separate to a wider restructuring of the island’s debt which officials have been attempting.

POWER UTILITY AGREES DEAL WITH CREDITORS

On Wednesday Puerto Rico’s electric power utility PREPA said it has agreed a deal with creditors, including holdout bond insurers, on a restructuring of its debt, a move seen as key to fixing the island’s faltering economy.

“It’s a good feeling that we have been able to get disparate creditors together to agree to a path forward,” said PREPA’s Chief Restructuring Officer Lisa Donahue. “The one thing that made it doable is that everyone recognized there was a problem and that we needed to solve it together.”

PREPA said it reached a deal with creditors holding 70 percent of its debt, which comes after months of negotiations and over a year of extensions to a creditor agreement.

“There was always a sense that this thing (PREPA) was going to get done. Maybe a bit slower than I would have expected… The question becomes, does that provide a model to the rest of the debt? I don’t necessarily think so,” said Joe Rosenblum, director of municipal credit research at AllianceBernstein in New York.

“Some people might seize on it as Puerto Rico can sit down and negotiate with bondholders. I think the rest of the bondholders for the rest of the debt presents a much more complex problem,” Rosenblum said, noting how PREPA’s deal was driven by the utility’s economics whereas other debt involves taxes and political considerations.

PREPA, which provides electricity to Puerto Rico’s roughly 3.5 million residents, charges consumers far more than the average customers pay in the U.S. mainland and has been under pressure to convert to generally cheaper and cleaner natural gas. Donahue said the utility had been working to improve customer service and that the restructuring plan calls for investment in gas.

A September deal with a group representing about 35 percent of its bondholders saw those creditors agree to swap bonds for new notes, receiving 85 percent of existing bond claims. Bond insurers National Public Finance Guarantee Corporation, a unit of MBIA and Assured Guaranty, however, did not sign on.

PREPA said Wednesday that the insurers had agreed a deal which calls on them to provide a $462 million surety bond. That would fund a debt service fund that backstops an investment grade rating for the new bonds being issued under the bondholder deal, according to a source familiar with the deal.

Assured Guaranty said it will issue surety insurance policies of up to $113 million to support the deal.

The price of Assured’s stock traded up 87 cents a share to $27.64 while MBIA’s rose 61 cents a share to $6.85 in early New York trading. Year-to-date, Assured is up 6.4 percent while MBIA is down 28.3 percent.

The deal includes similar terms to the original bondholder deal such as PREPA receiving debt service relief of more than $700 million, a cut to PREPA’s principal debt burden by more than $600 million. It sees a narrowing of the utility’s cash projected cash deficit by more than $675 million.

It also calls for creditors to refinance $115 million of an interest payment due Jan. 1. Creditors are committing that if PREPA makes the payment in full on Jan. 1 they will purchase new bonds from PREPA of $115 million, the source said. PREPA owes $302 million on Jan.1 according to the utility’s press office.

The deal requires enactment of necessary legislation, an investment grade rating for the new bonds and getting more bondholders to participate, the source said, as after the exchange offer, PREPA must not have any more than $700 million of the existing PREPA debt outstanding.

By REUTERS

DEC. 24, 2015, 11:30 A.M. E.S.T.

(Reporting by Megan Davies; Additional reporting by Daniel Bases in New York and Timothy Ahmann in Washington; editing by Stephen Coates and Clive McKeef)




A Puerto Rican Utility Makes Progress Toward a Debt Deal.

Puerto Rico’s beleaguered electric utility announced progress in its continuing efforts to avoid a default on as much as one-eighth of the island’s total debt of $72 billion.

Officials said that two bond insurers had agreed late Wednesday to take part in a five-year restructuring plan for the Puerto Rico Electric Power Authority, an islandwide monopoly. The insurers’ involvement signaled that Prepa had found a way to satisfy its bondholders, who expect to be paid about $177 million on Jan. 1, without having to part with that much cash itself.

Prepa is one of 13 branches of the Puerto Rican government scheduled to make bond payments on Jan. 1, for a total of around $902 million.

Cash is in short supply, and Gov. Alejandro García Padilla has warned that if he must choose between paying bondholders and providing essential public services, he will provide the services. His warnings have given rise to intense speculation as to which types of bond debt may be paid, and which may not.

At the same time, the governor announced that public workers and retirees would be paid their customary Christmas bonuses this year, for a total government outlay of about $120 million.

The bond insurers now participating in the restructuring deal are Assured Guaranty and National Public Finance Guarantee. An official with knowledge of the negotiations said a third bond insurer with a smaller exposure, Syncora Guarantee, might join the process later.

Until now, the bond insurers had held back from Prepa’s restructuring talks, because the deal taking shape would involve reductions of bond principal and interest, and for the insured bonds the insurers would have to cover investors’ losses. Only about $2.5 billion of Prepa’s $9 billion of debt is insured, however.

The chief executive of Assured Guaranty, Dominic J. Frederico, said Thursday that he was “committed to continue working cooperatively with Prepa and other stakeholders to implement the terms of Prepa’s recovery plan.” High hurdles still remain, but Mr. Frederico said that if the deal were successful it could help Prepa modernize its antiquated generating plants while keeping electricity rates sustainable.

On Jan. 1, the terms call for the two bond insurers to purchase $50 million of new revenue bonds from Prepa; members of a creditors’ committee known as the Ad Hoc Group will purchase an additional $65 million worth of bonds. Those purchases will give Prepa $115 million of fresh cash, which it can use to honor a large part of its scheduled bond payment due that day. Prepa is expected to make the rest of the payment out of its own resources, according to people familiar with the talks.

In other respects, the restructuring plan resembles terms that were made public earlier this year.

They include a five-year payment moratorium, lower interest rates and a permanent reduction of Prepa’s outstanding bond principal by more than $600 million. This would be accomplished through a debt exchange, in which the holders of Prepa’s current, junk-rated bonds could turn them in and receive new investment-grade bonds.

Lisa J. Donahue, Prepa’s chief restructuring officer, said that to make sure the new bonds qualify for investment-grade ratings, the two bond insurers had agreed to backstop them by posting a type of financial guarantee, called a surety. The idea is to make investors want to exchange their shaky old bonds for the new ones, despite the lower face value, by making the new bonds a better credit risk.

Assured Guaranty said in a statement that the surety would be issued “in exchange for a market premium.”

The debt exchange is not expected to take place until next summer, and until then the negotiators must steer the deal around a number of obstacles. The first will fall no later than Jan. 23 — a deadline for the Puerto Rican legislature to pass enabling legislation for the deal. Legislators have so far shown little appetite for this, because they would also have to request a rate increase for Prepa.

Elected officials anywhere would be reluctant to authorize a rate increase in an election year, but in Puerto Rico the increase would come in addition to new taxes imposed because of the financial crisis, school and hospital closings, water rationing and other painful austerity measures.

Furthermore, a large number of Prepa’s bondholders continue to stay aloof from the restructuring talks, perhaps hoping an even better deal might appear later.

The creditors on board so far represent about 70 percent of Prepa’s $9 billion debt; they include the Government Development Bank for Puerto Rico, mutual funds, hedge funds, and banks that finance Prepa’s fuel purchases.

The holders of the remaining 30 percent of the debt have not yet signed on to the deal, and it is not clear whether enough of them ever will, at least under the incentives proposed by the current deal. But one more factor is expected to come into play in the first half of 2016: There are signs that Congress is preparing to make some form of bankruptcy protection available to Puerto Rico.

Currently, none of the island’s government bodies have any legal standing to take shelter in Chapter 9 municipal bankruptcy. But that could change soon, and the bankruptcy laws include what are known as cramdown provisions, which make it possible for a bankruptcy judge to force holdout creditors to accept a deal.

THE NEW YORK TIMES

By MARY WILLIAMS WALSH

DEC. 24, 2015




Puerto Rico’s Power Authority Reaches Preliminary Pact with Bond Insurers.

Some creditors have agreed to accept losses of 15% as part of a pact to swap debt

The Puerto Rico Electric Power Authority reached a preliminary agreement with bond insurers to restructure the utility’s finances, a key step toward completing the first deal that would grant debt relief to the U.S. commonwealth.

Some creditors have agreed to accept losses of 15% as part of a pact to swap old debt from the authority, known as Prepa, for less risky bonds. Insurers agreed to bolster the security of the new bonds, which would make it more likely that the bonds would be rated investment grade, according to a person familiar with the situation.

The agreement hasn’t been approved by the power authority’s board and would only take effect after Puerto Rico’s lawmakers reconvene and pass legislation to allow the deal. The agreement with bond insurers was earlier reported by Bloomberg News.

Spokespeople for Prepa and bond insurers MBIA Inc. unit National Public Finance Guarantee, Assured Guaranty Ltd. and Syncora Guarantee Inc. declined to comment on the status of the talks.

Officials have said the negotiations over Prepa, which owes about $9 billion, could serve as a template for talks over other Puerto Rico debt. The commonwealth is seeking to strike deals with investors to restructure about $70 billion of debt, which includes Prepa debt, without the bankruptcy protections allowed U.S. municipal entities.

Puerto Rico Gov. Alejandro Garcia Padilla and the U.S. Treasury Department have asked the U.S. Congress to create a formal debt-restructuring process for the island. Such a framework is critical to avoiding a legal quagmire that would hurt both island residents and creditors alike, Mr. Padilla said Friday. A measure allowing the commonwealth to restructure debt didn’t make the $1.15 trillion spending bill passed Friday.

“By not acting now, Congress has opted for the U.S. commonwealth to default on its obligations and unfold into chaos,” the governor said in a statement.

While some investors oppose such a move and have said the Prepa negotiations show there is no need for it, Congress this week gave the clearest sign that lawmakers will eventually take up legislation addressing the island’s crisis. House Speaker Paul Ryan said Wednesday he had instructed the relevant committees to find a “responsible solution” by the end of March.

“Any solution must include both independent oversight and an orderly process to restructure the Commonwealth’s debt,” U.S. Treasury Secretary Jacob Lew said in a statement Thursday.

House Minority Leader Nancy Pelosi introduced a bill on Friday that would stay legal actions against the commonwealth while Congress considers restructuring legislation. Mrs. Pelosi said it was “profoundly disappointing that debt-restructuring authority for Puerto Rico was not included” in the spending bill. Puerto Rico has about $1 billion of debt payments due on Jan. 1. Mr. Padilla this week said the island would probably default either in January or May.

The U.S. Supreme Court has also agreed to consider whether Puerto Rico should be allowed to write laws permitting public agencies such as Prepa to restructure debts.

Friday’s tentative agreement is an encouraging sign that at least some Puerto Rico agencies and investors can agree to restructuring without formal bankruptcy protection, said Daniel Solender, director of municipal-bond management at Lord Abbett & Co., which oversees about $17 billion of tax-exempt debt, including some from Puerto Rico.

“It’s a positive step,” he said. “Having an agreement with bond insurers is important because they’re involved in so many of these different credits.”

THE WALL STREET JOURNAL

By AARON KURILOFF

Dec. 18, 2015 6:55 p.m. ET

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com




St. Louisans Pay Too Much to Fund Municipalities, Research Group Says.

The municipal governments in St. Louis and St. Louis County are expensive for taxpayers, according to reports issued this week by a nonprofit group advocating for consolidating some of those governments.

In 2014, St. Louis, St. Louis County, and the 90 municipal governments in St. Louis County spent $281 million on general administration — the planning, organizing, directing, coordinating, and controlling of government operations — according to the research group Better Together.

Per capita, a resident of the St. Louis region paid $213 solely for general administration costs in 2014, the group said. Better Together found that Louisville, Ky. — another region with dozens of municipalities — spent just $127 per person.

Reducing the amount spent on municipal governments would save the city and county more than $113 million a year, money which “could be put toward other issues that matter to our region’s residents, such as providing additional training and resources to police officers and increasing neighborhood safety.”

Normandy Mayor Patrick Green said the group’s findings were “probably an accurate picture but maybe not a detailed picture.”

Maybe St. Louisans get better services than people in Louisville, he noted. And maybe that’s what they want.

Better Together also compiled the municipal ordinances that govern the region and found they total more than 52,000 pages. If lined up end to end, they would stretch from Busch Stadium to the Galleria.

“When you have laws governing whether people can barbecue in their own front yard, the manner in which they walk down the street, and whether their curtains match — and when these ordinances vary from municipality to municipality — you create an environment in which minor citations can alter the lives of individuals and families,” said Dave Leipholtz, the group’s director of community-based studies.

The group also pointed to a heavy reliance on municipal sales taxes in the St. Louis region. Before 1969, municipalities relied upon property and utility taxes as their two major funding streams. Today, sales tax revenue is the No. 1 funding source of 69 municipalities in St. Louis County, the group said. As a region, St. Louis brings in 36.7 percent of its revenue from sales taxes.

Better Together is a St. Louis-based nonprofit group studying a city-county merger through a series of reports that point to inefficiencies in public safety, public finance, public health and economic development. The city operates as its own separate county.

St. Louis Post-Dispatch

December 17, 2015 4:56 pm • By Jeremy Kohler




Muni Issuance Slumps at End of Strong Year.

New issuance in the U.S. municipal bond market will slow to a trickle in the remainder of the year after a refunding boom lifted issuance in 2015 to its highest in five years.

Around $377 billion in muni bonds came to market in 2015, the strongest since 2010 when $430.4 billion were issued, according to data compiled by Thomson Reuters.

Some analyst are predicting even higher issuance next year as debt refundings continue to dominate the market. Bank of America Merrill Lynch predict $440 billion to $450 billion will hit the market in 2016.

Meanwhile, issuance has all but dried up in the last few weeks of the year. Just $77 million of notes and bonds is slated to come to market in the holiday-shortened week ahead, compared to a weekly average this year of $7.4 billion.

U.S. financial markets will be closed on Friday for the Christmas Day holiday. The muni market will close early at 2 p.m. on the preceding Thursday.

Dawn Daggy-Mangerson, a fund manager at McDonnell investment Management in Oakbrook Terrace, Illinois, said the “severe lack of supply” would likely continue until February.

“January is typically very limited supply,” she said. “Maybe not until the end of February will we see significant pickup. We definitely have the January effect.”

Bucks County, Pennsylvania, will issue a $38 million water and sewer revenue bond in a sale slated for Monday. Boenning & Scattergood is the lead manager for the deal.

Reuters

Fri Dec 18, 2015

(Reporting by Edward Krudy Additional reporting by Hilary Russ; Editing by James Dalgleish)




Municipal Bond Funds See Inflows for 10 Straight Weeks.

Municipal bond funds reported inflows for the 10th straight week, according to Lipper data released on Thursday.

Weekly reporting funds experienced $741.968 million of inflows in the week ended Dec. 9, after inflows of $364.051 million in the previous week.

The latest inflow brings to 29 out of 50 weeks this year that the funds have seen cash flowing in. Flows for the year to date remain positive, totaling over $4.5 billion.

The four-week moving average remained positive at $543.721 million after being in the green at $440.603 million in the previous week. A moving average is an analytical tool used to smooth out price changes by filtering out fluctuations.

Long-term muni bond funds also experienced inflows, gaining $249.348 million in the latest week, on top of inflows of $111.303 million in the previous week. Intermediate-term funds had inflows of $357.572 million after inflows of $290.874 million in the prior week.

National funds had inflows of $734.578 million on top of inflows of $373.795 million in the prior week. High-yield muni funds reported inflows of $203.227 million in the latest reporting week, after an inflow of $122.236 million the previous week.

Exchange traded funds saw inflows of $121.669 million, after inflows of $33.226 million in the previous week.

THE BOND BUYER

BY CHIP BARNETT

DEC 10, 2015 5:42pm ET




Muni Inflows Are Highest Since January as Buyers Ignore Fed.

Investors added the most money to municipal-bond mutual funds since January in the past week, a sign that they’re not fretting about the Federal Reserve raising interest rates for the first time in almost a decade.

Individuals poured $742 million into tax-exempt funds in the week through Wednesday, Lipper US Fund Flows data show, marking the 10th straight week of inflows. Those investing in long-term and intermediate-term securities received cash, as did high-yield funds.

 

Benchmark 30-year munis yield 3 percent, the lowest level since April, data compiled by Bloomberg show. Investors are betting that if the Fed tightens monetary policy at its Dec. 15-16 meeting, the longest-maturing tax-exempt debt will fare the best.

Munis have returned 3.2 percent this year, compared with 1 percent for Treasuries and no gain for investment-grade corporate securities, Bank of America Merrill Lynch data show.

Bloomberg Business

by Brian Chappatta

December 10, 2015 — 3:00 PM PST Updated on December 11, 2015 — 6:17 AM PST




Free Bluegrass Plays On as Kentucky Town Angles for Bankruptcy.

In Hillview, Kentucky, residents enjoy free once-a-month use of a trash dumpster and a free bluegrass music program every Thursday night. They’re still buzzing about last month’s free winter festival and exotic animal show, which was interrupted when a 70-pound porcupine darted into the ladies’ room.

Such small luxuries ease life in the Louisville suburb, which in August sought bankruptcy protection rather than pay a $15 million legal judgment. As the first U.S. city to file since Detroit’s $18 billion insolvency in 2013, Hillview, a growing community of 8,000 people, is trying to plow new ground. It isn’t claiming an inability to pay the debt, which is about five times its annual budget, but an unwillingness.

“I don’t think they can shut us down as a city, and I don’t think they can put this burden on the taxpayers,” Mayor Jim Eadens said in an interview at city hall, where three inflated snowmen outside wave to visitors.

For cities under stress, Detroit’s record case changed municipal bankruptcy from a stigma to a potential solution, and the mere threat of court oversight has proven an effective tactic for settling with creditors.

Mammoth Lakes, California, and Boise County, Idaho, filed for Chapter 9 under similar circumstances as Hillview, though they settled out of court. Officials in Puerto Rico, the cash-strapped Caribbean commonwealth, have pleaded with Congress to let it turn to court to slash its $70 billion of debt.

Hillview’s filing is “more evidence that municipalities increasingly consider Chapter 9 as a way to cure balance-sheet problems,” said analyst Nathan Phelps at Moody’s Investors Service. The U.S. Bankruptcy Court in Louisville this week will hear arguments on the filing.

The judgment that began the affair stems from a 10-year-old dispute with a trucking company over 40 acres in the middle-class city of modest homes. A 2012 jury verdict awarded Truck America Training LLC $11.4 million for business the company said it lost when Hillview took control of the land and evicted it.

Negotiations mediated by retired bankruptcy judge Steven Rhodes, who oversaw the Detroit case, produced no settlement. In the meantime, interest costs on the award grew almost $3,800 a day. The city’s filing Aug. 20 froze the growth.

Discount Biscuits

“It’s just frustration by this town in continuing to lose,” said Howard Cure, head of municipal research in New York at Evercore Wealth Management, which oversees $5.9 billion of assets. “It sounds like this is their way of negotiating to get the settlement somehow diminished. Cities oftentimes run up against hard negotiators.”

Tammy Baker, Hillview’s city attorney, said it was “financially irresponsible” not to file bankruptcy because of mounting interest costs.

Since then, Eadens said, there has been no talk of tax increases, service cuts or dismissals in the city’s 24-person workforce to pay the obligation. The free chipping of fallen limbs continues, as does a $3 sausage, biscuit and gravy breakfast with the mayor on Wednesdays. At last week’s bluegrass event, a crowd of about 100 ate fish sandwiches and cole slaw while listening to a seven-piece band belt out gospel standards like “I Shall Not Be Moved.”

“You don’t hear much talk about bankruptcy now, because services haven’t been cut,” said Terry Bohannon, the city’s recreation director.

Nor is there talk of bond defaults. Debt obligations will be met, the city said. Not, however, the payment to the trucking company.

“This is a unique situation,” said Jonathan Steiner, executive director and chief executive officer of the Kentucky League of Cities. “It’s not a city that spent itself into this situation or saw the collapse of an industry.”

Unlike Detroit, which for decades endured an industrial collapse and a population exodus, Hillview’s population has grown more than 5 percent since 2010. The median household income, $48,000, exceeds the Kentucky average, and the percentage of people in poverty is less than half the state rate of 19 percent, according to U.S. Census data.

An Aug. 31 analysis by Moody’s Phelps said the city can issue bonds to pay the debt and has “considerable ability to increase its two largest sources of operating revenue, occupational license taxes and property taxes.”

The trucking company agrees.

“They’ve made no attempt to do anything other than to throw their hands in the air and say, ‘We can’t do this, so let’s file bankruptcy,’” said Debby Mobley, Truck America Training’s chief financial officer.

Sparing Citizens

Baker said higher taxes might have serious consequences.

“They think we can just go and raise taxes through the roof, and it won’t drive away business and it won’t hurt the citizens of Hillview,” Baker said.

“It would be possible to raise the occupational tax and the insurance premium tax to high amounts,” Baker said. “That would be a heavy burden on our industry and a heavy burden on our citizens.”

Hillview is the first Kentucky city to file a bankruptcy petition. Kentucky is among 16 states that allow such filings under certain conditions. Twenty-two states don’t provide access to Chapter 9, while 12, including California, provide a blanket authorization.

The city will face a tall legal hurdle to prove its eligibility, said Richard Ravitch, a former New York lieutenant governor who was a court-appointed expert in the Detroit case.

“You have to prove you’re totally broke and can’t pay your debts,” Ravitch said.

Detroit emerged from bankruptcy last December, 17 months after filing. Yet financial pressure is mounting on cities, big and small. Chicago, with $20 billion in unfunded pension liabilities, faces the prospect of insolvency. The budget director of East St. Louis, Illinois, said last month the city should consider bankruptcy, and a year ago, the council president in East Cleveland, Ohio, said the same thing.

After the Hillview filing, Standard & Poors lowered the city’s rating on its general obligation debt five levels, to B-minus from BB-plus, and signaled that more downgrades may follow.

The pressure on Hillview to settle out of court could be great because of bankruptcy’s costs and unpredictability, said James Spiotto, a lawyer at Chapman Strategic Advisors in Chicago.

“It’s going to be expensive, and that’s just the beginning,” Spiotto said. “This will sound heretical, but there are better things to do than spending your money on lawyers.”

Bloomberg Business

by Tim Jones

December 7, 2015 — 2:00 AM PST




Alabama's Jefferson County Rated Investment Grade by Moody's.

Jefferson County, Alabama, which emerged from the second-biggest U.S. bankruptcy in 2013, had its credit rating raised to investment grade by Moody’s Investors Service, boosted by a “well-performing” economy and government cost cuts.

The ratings on Jefferson County’s $83.4 million in general-obligation bonds and $623.3 million in limited-obligation school warrants were raised three levels to Baa3 from Ba3, New-York based Moody’s said in a statement.

Jefferson County became what was then the biggest U.S. municipal bankruptcy in 2011, when it couldn’t pay what it owed on more than $3 billion in bonds sold to finance sewer work. Creditors, including JPMorgan Chase & Co., agreed to forgive more than $1 billion of the debt. Although the county’s sewer debt burden was halved, it remains a risk, Moody’s said.

“The county sewer system is still highly leveraged, however, and its dependence upon annual rate increases to fund debt service payments remains a risk and could place additional financial stress on the county’s revenue structure in the future,” Moody’s said.

Sewer Project

The rating company said it expects the county, home to Birmingham, will reinforce its financial position through conservative budgeting, maintaining reserves and on-going sewer rate increases. The county’s school bonds are secured by a 1 percent education sales and use tax.

Jefferson County’s bankruptcy was triggered by a sewer project that was dogged by mismanagement and corruption. When the price tag more than doubled to over $3 billion, officials refinanced debt with floating-rate bonds and derivatives, like homeowners who used exotic loans to buy houses they couldn’t afford. The tactic backfired during the 2008 credit-market crisis, leaving the county on the hook for hundreds of millions in fees and demands to pay off the debt early.

Senior lien warrants maturing in October 2053 yielded 3.98 percent on average Tuesday, according to pricing data compiled by Bloomberg. That’s down from an average yield of 4.05 percent the prior day.

Bloomberg Business

by Martin Z Braun

December 8, 2015 — 3:02 PM PST Updated on December 9, 2015 — 5:15 AM PST




Congress Unlikely to Agree on Puerto Rico Rescue by Year's End.

Less than 10 days before they plan to adjourn for the Christmas holiday, lawmakers in Congress remain divided over how to help Puerto Rico as the island rapidly runs out cash and inches closer toward the first major default on its bonds.

Top Senate Republicans are moving to extend as much as $3 billion in aid to the territory as long as it cedes some financial powers to a federal board, while declining to give Puerto Rico the ability to file for bankruptcy to cuts its debt. Democrats, who are in the minority, may try to attach a bankruptcy measure to the spending bill that Congress needs to pass to keep the U.S. government running, seeing it as the best chance to push through one of Puerto Rico’s key priorities.

“We don’t see how there is a resolution in the week or so that remains before this Congress leaves for the holidays, and once it returns this fight could drag on for many months,” Guggenheim Securities analysts led by Jaret Seiberg said in a note to clients Thursday. “It is hard to see how political leaders find a compromise in front of the election. The atmosphere is just too charged.”

The last-minute push comes as Puerto Rico is running out of time to address a crisis that’s been building for years because of $70 billion of debt, a legacy of borrowing to paper over budget shortfalls. The commonwealth this month narrowly averted a default on government-guaranteed bonds for the first time and may be unable to cover $957 million of interest due Jan. 1.

Governor Alejandro Garcia Padilla said on Wednesday that the island is “out of cash” and has been pushing for Congress to give it the legal tools to restructure debt in court, just as U.S. cities can. Without that, the government is dependent on negotiations with creditors, a potentially lengthy process that could get bogged down in litigation. The Puerto Rico Electric Power Authority has yet to reach a final deal to reduce its debt despite more than a year of talks with bondholders and insurers.

Garcia Padilla’s office welcomed the Republican lawmakers’ initial push to help the island while stopping short of endorsing it.

“The presentation of the project in the U.S. Senate demonstrates the urgency and the seriousness of Puerto Rico’s situation,” Jesus Manuel Ortiz, spokesman in San Juan for Garcia Padilla, said in a statement. “We will continue conversations and we are confident that the final language will be positive for the country and will deal with the depth of the problem.”

Puerto Rico’s crisis has dragged down the prices of its bonds, which have been little changed since the Republican proposal was announced Wednesday. General obligations maturing July 2035, which were first sold for 93 cents on the dollar in March 2014, traded Thursday for an average of 74.8 cents, compared with 74.6 cents a day earlier.

Some bondholders and analysts were skeptical that Congress will be able to come to an agreement.

“I don’t see anybody gaining any strength with a solution yet,” said Matt Dalton, chief executive officer of Rye Brook, New York-based Belle Haven Investments, which oversees $3.4 billion of municipal bonds, including Puerto Rico securities. “I’m not running in one direction or trying to bet on whether I should or I shouldn’t buy Puerto Rico based on these bills.”

The Republican plan wasn’t fully embraced in Puerto Rico. Senate President Eduardo Bhatia called it “shameful” and “unworthy.”

“No Puerto Rican should have to accept a fiscal control board with as much powers over Puerto Rico as that which Senator Orrin Hatch’s bill confers,” Bhatia said in a statement Thursday.

That bill, introduced by Senators Hatch, Chuck Grassley and Lisa Murkowski, would set up a new authority to help craft and oversee the budget. It would also have the power to borrow on Puerto Rico’s behalf, a mechanism that could help the island restructure its debt.

Grassley, the chairman of the Judiciary Committee, has expressed skepticism about allowing Puerto Rico to file for bankruptcy, which bondholders oppose. Representative Sean Duffy, a Republican who sits on the House Financial Services committee, introduced such a bill Wednesday, despite the objections of others in his party.

Senator Charles Schumer, a New York Democrat, told reporters in Washington Thursday that he is seeking to include language in the spending bill that would allow Puerto Rican agencies to file for Chapter 9 proceedings. He shrugged off the measure offered by his Republican colleagues.

“They need to come to an agreement that both sides support — like in most other things,” he said.

Bloomberg Business

by Kasia Klimasinska, Michelle Kaske & Kathleen Miller

December 10, 2015 — 12:01 PM PST




Bloomberg Brief Weekly Video - 12/10

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

December 10, 2015




Bond Insurers Balk at Puerto Rico Power Authority Deal.

The bond insurers, which include MBIA and Assured Guaranty, are worried about the implications for other commonwealth debt.

Talks between Puerto Rico’s power authority and bond insurers that back its debt have stalled, highlighting the difficulties the U.S. commonwealth is facing as it negotiates with creditors.

Three months ago, bondholders and lenders agreed to accept losses of 15% as part of an agreement to swap old Puerto Rico Electric Power Authority debt for new bonds with more protections. The insurers are worried about the implications for other Puerto Rico debt and haven’t signed on.

These talks between Prepa, as the power authority is known, and bond insurers including MBIA Inc. and Assured Guaranty Ltd. are at an impasse, according to people familiar with the situation. At least one of the insurers has expressed a reluctance to insure some of the new debt, according to one of the people.

The U.S. Supreme Court has agreed to consider whether Puerto Rico should be allowed to have laws permitting public agencies such as Prepa to restructure debts. That move has given Puerto Rico more leverage over its creditors, who must decide whether it makes more sense to strike debt-relief deals now or after the court decision, analysts and investors say. Neither Puerto Rico nor any of the island’s local-government agencies have access to bankruptcy protections.

MBIA and Assured declined to comment on the status of the talks. The Government Development Bank for Puerto Rico said in a statement last week that negotiations “have been delayed by the unyielding attitude” of some creditors, highlighting the need for a legal bankruptcy framework.

Prepa, which has about $8 billion of debt outstanding, said Tuesday it had amended its agreement with bondholders to extend the deadline for the authority to reach a deal with bond insurers to Dec. 17. Prepa’s bond trustee said in a filing this week it had $24 million to pay investors, who are owed almost $200 million at the beginning of January.

Bond insurers potentially have more to lose from a debt restructuring than mutual funds or hedge funds. Funds often have the opportunity to scoop up debt below face value and then in some cases can make a profit even in a default. Bond insurers can’t sell their risk and don’t want to set a precedent in which a utility, which could raise rates to pay debt, restructures instead.

Puerto Rico lawmakers in 2014 passed bankruptcy legislation, which was aimed at public agencies including the power, water and highway authorities. Those entities have around $20 billion in debt outstanding, including Prepa’s $8 billion. Bondholders sued and lower courts blocked the law, sending Prepa and its creditors into negotiations without it.

A deal with insurers would mark one of the final steps toward completing the Prepa restructuring, by itself one of the largest in the history of the $3.7 trillion municipal-bond market. Puerto Rico officials have held up the Prepa talks as a potential model for other restructuring.

Yet after more than a year of talks, significant hurdles to a final agreement remain. Puerto Rico must pass separate legislation allowing the deal, requiring lawmakers to hold a special session. Also, the deal requires the new bonds to receive an investment-grade credit rating at a time when Puerto Rico’s credit is junk.

“Prepa may indeed represent an unfortunate model for what is to come with other public corporation debts,” wrote Matt Fabian, a partner at research firm Municipal Market Analytics, in a Monday report.

Sergio Marxuach, public policy director at the Center for a New Economy in San Juan, said the lengthy talks between Prepa and its creditors demonstrate the difficulty of reaching terms with investors without a legal process. Gov. Alejandro Garcia Padilla on Wednesday repeated his call for the U.S. Congress to grant Puerto Rico access to such a legal framework at a news conference in Washington.

Bankruptcy protections wouldn’t be a panacea to Prepa talks, said Howard Cure, director of municipal research at Evercore Wealth Management. A negotiated agreement would help Prepa maintain access to borrowing, which it needs to convert antiquated facilities to natural gas in order to lower energy prices and stimulate the island’s economy.

THE WALL STREET JOURNAL

By AARON KURILOFF

Updated Dec. 9, 2015 7:01 p.m. ET

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com




House Democrats Try to Help Puerto Rico in Spending Bill.

WASHINGTON — Democrats said on Tuesday they are making a push to help Puerto Rico reorganize its hefty debt load as part of a large spending bill now being negotiated in Congress.

Puerto Rico is struggling with $72 billion in debt while 45 percent of its citizens live in poverty. The governor of the U.S. territory has warned that it is running out of cash.

Democrats said the U.S. territory’s bankruptcy crisis is now part of negotiations with Republicans over the spending bill, which needs to be passed by Friday to keep the U.S. federal government operating.

Democratic Representative Joe Crowley of New York said lawmakers want the territory to have the ability to reorganize its own debt.

“I think 3.5 million (people) who live in Puerto Rico are looking for the same relief that every state and municipality has,” Crowley told reporters.

The island does not have access to Chapter 9 of the U.S. bankruptcy code, which governs municipal insolvencies and allows public entities including cities, towns and municipal agencies to file for bankruptcy restructuring.

An existing bill to extend bankruptcy protections to Puerto Rico has made little headway in Congress so far; neither has a proposal to improve the island’s federal healthcare funding.

The Obama administration has urged lawmakers to help Puerto Rico, but influential Republicans in Congress, which the party controls, have opposed the idea.

Senate Finance Committee Chairman Orrin Hatch is among Republicans who have said there can be no help for Puerto Rico without better financial disclosure.

House Democratic Leader Steny Hoyer said Democrats wanted the Puerto Rico issue included in the spending bill to fund U.S. government agencies and the military through fiscal 2016, or in a bill to deal with a number of expired business tax breaks.

As talks over the $1 trillion U.S. spending bill dragged on, Republican leaders in the House of Representatives said on Tuesday they would seek to pass a stop-gap spending bill to avoid a government shutdown early on Saturday. [L1N13X198]

By REUTERS

DEC. 8, 2015, 2:30 P.M. E.S.T.

(Reporting by Susan Cornwell; Editing by Andrew Hay)




Congressman Duffy to Introduce Puerto Rico Bill Wednesday.

NEW YORK — A bill to be introduced in the U.S. House of Representatives on Wednesday will give Puerto Rico’s government the choice to restructure its municipal debt in conjunction with enhanced financial oversight, according to a copy of the bill and a spokeswoman for the bill’s sponsor, Representative Sean Duffy.

Puerto Rico, wrestling with $72 billion of debt and a faltering economy, defaulted on part of its debt in August and is trying to restructure its borrowings.

Democrats in Congress have pushed for Puerto Rico to be allowed access to U.S. bankruptcy laws to solve its fiscal crisis, however, Republicans have been skeptical and have argued for oversight.

Duffy, a Republican from Wisconsin and chairman of a House Financial Services subcommittee, said in August that he was working on broad ideas for a draft proposal to address solutions for Puerto Rico.

His bill says Puerto Rico would have access to the same Chapter 9 bankruptcy process that U.S. states do if it also agrees to an independent Financial Stability Council to oversee its path toward balanced budgets and a return to financial stability, according to briefing notes from Duffy’s office.

It comes as Democratic Senator Charles Schumer tried on Wednesday to bring to a vote a bill to extend to Puerto Rico a law that allows U.S. states to put struggling municipal entities into bankruptcy. Utah Republican Orrin Hatch blocked Schumer, saying he was preparing to introduce his own version of the bill later in the day.

By REUTERS

DEC. 9, 2015, 2:42 P.M. E.S.T.

(Reporting by Megan Davies; Editing by Bernard Orr and Frances Kerry)




U.S. Legislators Push Puerto Rico Fixes as Governor Visits Capital.

SAN JUAN/NEW YORK — Puerto Rico’s financial fate was entwined with Washington politics on Wednesday with legislators from both parties pushing competing plans to address its fiscal crisis.

An island of 3.5 million grappling with a 45 percent poverty rate and $72 billion in debt, Puerto Rico narrowly avoided default last week, but faces $332 million of constitutionally guaranteed debt due on Jan. 1.

Governor Alejandro Garcia Padilla, who was in Washington, D.C., meeting with lawmakers on Wednesday, has said the commonwealth is nearing a humanitarian crisis, and that to keep providing essential services and pay certain debt, Puerto Rico must default on other bonds.

On Wednesday, Senator Charles Schumer tried to bring to a vote a bill to extend to Puerto Rico a law that allows U.S. states to put struggling municipal entities into bankruptcy. “It won’t cost the taxpayer one plugged nickel,” the New York Democrat said on the Senate floor.

But Utah Republican Orrin Hatch, who chairs the Senate committee with oversight of Puerto Rico legislation, blocked the vote, later introducing his own bill.

Hatch’s bill, co-sponsored by fellow Republicans Chuck Grassley and Lisa Murkowski, would cut Puerto Rican workers’ share of the payroll tax by 50 percent, and create a federal financial oversight authority that could spend as much as $3 billion to help Puerto Rico regain fiscal stability. The bill does not include bankruptcy provisions.

“The commonwealth’s problems will not be solved overnight,” Hatch said in a statement, adding that he hopes Puerto Rico will “work with Congress to provide more transparency.”

In the House of Representatives, Wisconsin Republican Sean Duffy unveiled a bill to let Puerto Rico restructure debts, but only in conjunction with enhanced financial oversight.

U.S. Treasury Secretary counselor Antonio Weiss, meanwhile, made a speech in Washington, D.C., saying Puerto Rico is in crisis and needs access to a restructuring law.

The events pointed to increasing prospects for thus-far elusive federal intervention, yet little agreement on what it should look like.

Republicans have pushed federal oversight as a condition to any legislative action, while Treasury has supported the broadest measure of all, giving Puerto Rico itself – not just its municipal entities – the right to file bankruptcy.

At a news conference on Wednesday in Washington, D.C., Governor Garcia Padilla said he would support federal oversight “if it respects Puerto Rico’s autonomy,” adding that Puerto Rican officials would “need to be part of … drafting that bill.”

Puerto Rico’s representative in Congress, Pedro Pierluisi, generally supported all three proposals in a statement on Wednesday, but voiced concern over the Hatch bill’s lack of a bankruptcy mechanism.

Garcia Padilla was meeting with Congressmen on Wednesday, as well as with leaders from the U.S. Treasury. His efforts to right Puerto Rico’s ship have faced obstacles at every turn. Creditors have resisted repayment cuts, while laws prevent Puerto Rico from enforcing cuts through bankruptcy. Help from Washington has seemed unlikely in a gridlocked congress.

The island also faces $120 million in legally-mandated December bonus payments for public workers.

By REUTERS

DEC. 9, 2015, 7:15 P.M. E.S.T.

(Reporting by Nick Brown in San Juan and Megan Davies in New York; Additional reporting by Richard Cowan in Washington; Writing by Nick Brown; Editing by Alan Crosby, Frances Kerry and Bernard Orr)




U.S. Municipal Bond Issuance Falls to $23 Bln in November.

Dec 1 The sale of municipal bonds by states, cities, schools and other issuers fell to $23 billion in November, a drop of 30 percent from October’s $33 billion of issuance, according to Thomson Reuters data on Tuesday.

Supply last month was also 18 percent lower than in November 2014. Still, 2015 issuance of $357 billion as of Monday was 28 percent higher than the same period in 2014.

Refundings continued to account for a majority of the volume at $226.2 billion versus nearly $131 billion in new money issuance.

Reuters

(Reporting by Karen Pierog in Chicago; Editing by Lisa Shumaker)




Bloomberg Brief Weekly Video - 12/03

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

December 3, 2015




Detroit Water and Sewer Authority Washes Off Bankruptcy Stain.

The Detroit Water and Sewerage Department is washing off the taint of its city’s notorious financial reputation as it refinances debt a year after emerging from the worst-municipal bankruptcy on record.

The $324 million in tax-exempt revenue bonds sold through the Michigan Finance Authority on Wednesday were priced at a top yield of 3.71 percent for securities maturing in July 2035, according to preliminary data compiled by Bloomberg. That’s about 1 percentage point more than 20-year benchmark municipal bonds.

“For an issuer with the word Detroit in it, that’s a pretty attractive spread” from the issuer’s perspective, said Gabe Diederich, a Menomonee Falls, Wisconsin-based money manager at Wells Fargo Asset Management, which manages about $39 billion of municipals, including some Detroit water and sewer debt. He didn’t buy Wednesday’s deal. “That’s the tightest we’ve seen in a while for that name.”

The authority said the deal “far exceeded,” their expectations, according to Nicolette Bateson, chief financial officer for the water and sewer department. The proceeds are going toward a refinancing, and the deal generated net-present-value savings of about $29.3 million, according to Jon Wheatley, the department’s public finance manager.

The deal “kind of speaks for itself,” said Daniel Solender, who oversees about $17 billion as head of municipal debt at Lord Abbett & Co. in Jersey City, New Jersey, including some Detroit water and sewer securities. “It’s really recovered a lot from where it was during the bankruptcy.”

Bloomberg Business

by Elizabeth Campbell

December 2, 2015 — 2:58 PM PST Updated on December 3, 2015 — 4:41 AM PST




U.S. High Court Set to Act on Puerto Rico Restructuring Bid.

The U.S. Supreme Court may announce as soon as Friday whether it will hear an appeal by Puerto Rico to reinstate a law that would allow some island agencies to restructure their debts.

The high court is scheduled to review Puerto Rico’s appeal during a private conference Friday, when it often issues a list of new cases. The disputed law would affect $22 billion of Puerto Rico’s $70 billion in debt. That includes $8.2 billion owed by the Puerto Rico Electric Power Authority, known as Prepa, which is negotiating with its creditors and would gain new leverage from a ruling upholding the law.

Puerto Rico is seeking to reduce its debt load by asking bondholders to take a loss on their investments through a debt exchange. Officials have said easing the island’s debt payments would help improve the commonwealth’s economy, which has shrunk by about 15 percent in the past decade. As its cash dwindles, Governor Alejandro Garcia Padilla on Monday averted a default and signed an executive order to redirect revenue that backs some agency bonds to repay direct debt of the commonwealth.

The case centers on the power of the Puerto Rican government to fill what it says is a gap in federal bankruptcy law, which bars filings by the commonwealth agencies and municipalities. If the high court agrees to hear the case, it may hear arguments in March. The high court would rule by late June.

Under federal law, states can authorize bankruptcy filings by their municipalities, including public utilities, but Puerto Rico and the District of Columbia can’t. Puerto Rico sought to get around that provision in 2014 by passing a local law known as the Recovery Act, which was modeled after the federal bankruptcy code.

The commonwealth appealed to the U.S. Supreme Court in August. A U.S. appeals court rejected the Recovery Act in July, upholding a ruling by a federal trial judge in San Juan.

Puerto Rico general obligations with an 8 percent coupon and maturing July 2035 traded Thursday at an average price of 75.5 cents on the dollar, up from 71.7 cents on Monday, the day before the governor signed the executive order, data compiled by Bloomberg show. The average yield was 11.1 percent.

Bloomberg Business

by Michelle Kaske and Greg Stohr

December 3, 2015 — 8:38 AM PST Updated on December 3, 2015 — 9:17 AM PST




Illinois Judge Keeps Chicago Retiree Healthcare Case Alive.

CHICAGO — A lawsuit challenging Chicago’s move to save money by phasing out lifetime subsidized healthcare for its retired workers can move forward in part, an Illinois judge ruled on Thursday.

Cook County Circuit Court Judge Neil Cohen found that a portion of a constitutional claim in the lawsuit can proceed, according to Clint Krislov, an attorney for city retirees who filed the lawsuit. The ruling cited a 2014 Illinois Supreme Court decision that public sector workers’ healthcare benefits are protected by the state constitution’s pension clause.

The judge dismissed two contractual claims, but is allowing the city retirees who filed the lawsuit to submit amended claims, which Krislov said will be done.

“We’re pleased we will be able to go forward to enforce the lifetime benefits these wonderful people earned,” Krislov said.

Chicago and its four retirement systems had filed motions to dismiss the entire complaint.

“We are pleased the court dismissed most of the remaining claims against the city, but are disappointed the court did not dismiss all of the plaintiffs’ claims with prejudice,” said Chicago Law Department spokesman Bill McCaffrey.

The retirees are seeking refunds for rising health insurance premiums because of a phase-out of a city subsidy. Krislov has said the refunds would date back to 2013 and total about $110 million and that Chicago Mayor Rahm Emanuel included $31 million in retiree healthcare savings in his budget for the fiscal year that begins Jan. 1.

With its finances buckling under a $20 billion unfunded pension liability, Chicago has been scrambling to reduce costs. The upcoming budget includes a record $543 million phased-in property tax hike dedicated to public safety worker pensions.

Chicago is also awaiting a decision by the Illinois Supreme Court on the constitutionality of a 2014 law that boosted funding for the city’s municipal and laborers’ pension systems and reduced cost-of-living increases for retirees. The high court in May used the state constitution’s pension clause to toss out a 2013 law that unilaterally cut benefits for state workers.

By REUTERS

DEC. 3, 2015, 7:03 P.M. E.S.T.

(Reporting by Karen Pierog; Editing by David Gregorio and Lisa Shumaker)




Moody's: Credit Pressure for Michigan School Districts Continues.

New York, November 30, 2015 — The ongoing loss of general funds, declining enrollment, and a lack of flexibility to raise revenue will continue to place significant stress on the credit quality of Michigan schools, Moody’s Investors Service says in “K-12 Public School Districts: Michigan Schools’ Widespread Credit Weakness Persists.”

Moody’s has downgraded 47 of the 206 Michigan (Aa1 stable) school districts it rates this year, and anticipates that number will rise over the remainder of fiscal 2016. Since 2009, Moody’s has downgraded 150 Michigan school districts.

“The loss of fund balance serves as the largest driver of credit stress and downgrades. From fiscal 2005 through fiscal 2014, traditional Michigan school districts have lost 46% of their aggregate General Fund reserves,” says Moody’s Analyst Andrew Van Dyck Dobos.

Moody’s says 41 of the 47 districts downgraded in 2015 have experienced a loss in General Fund reserves over the last five years, with a median decline of 45%.

The school districts have also endured additional difficulties, including sizable declines in their tax base, growing unfunded pension liabilities, and elevated debt ratios. Moreover, stagnant per-pupil state funding remains barely above the fiscal 2009 level.

“The current funding environment makes it extremely difficult for districts to significantly rebuild fund balances given the sector’s lack of revenue-raising flexibility, decreasing enrollment, and increased fixed costs, including increases to annual pension contributions,” Van Dyck Dobos says.

School district revenues have also suffered due to a statewide 12% enrollment decline during the last 10 years. Competition by charter schools and Michigan’s “Schools of Choice” program allowing students to enroll in schools outside their residential district have benefitted some, while being a detriment to others. Statewide, 10% of Michigan students attend charters while 7% participate in Schools of Choice.

Despite these challenges, some districts are effectively tackling financial difficulties. Of the 58 that ended 2014 with a deficit, 41 improved or eliminated their deficit in fiscal 2015. The financial improvement of these districts points to the moderate effectiveness of the state’s Deficit Elimination Plan (DEP) process.

The report is available to Moody’s subscribers here.




Washington Divided on Response to Puerto Rico Debt Woes.

Puerto Rico faces rolling defaults on its debt and cutbacks in public services, but Congress remains divided about what should be done to address the crisis.

The Obama administration and Puerto Rico want Congress to provide a pathway for the commonwealth to restructure some of its $72 billion in debt, and Gov. Alejandro García Padilla appealed again to a Senate panel this week, saying the island has “no more cash.”

Forced to choose between paying creditors and paying teachers, police and firefighters in the coming months, the governor he said he would easily choose the latter. He signed an order this week that allowed Puerto Rico to make its latest $355 million debt payment only after it clawed back revenue used to pay debt for public corporations such as transit and tourism authorities. The government and various agencies face an additional $950 million due Jan. 1.

Republicans reacted coolly to legislation introduced this year to allow the island’s public corporations to restructure debt. Municipal entities in the 50 states have that right under Chapter 9 of the U.S. bankruptcy code, which Detroit invoked in 2013, but it isn’t available to federal territories.

The White House this fall endorsed an even bolder step, calling for a new regime allowing federal territories to restructure debt issued by the central government, a power not available to states. The proposal is unpopular with the mutual-fund and hedge-fund firms that hold the island’s general obligation bonds.

Some GOP lawmakers say that would set a dangerous precedent for states. “It’s a ludicrous idea,” said Rep. Tom Marino, (R., Pa.), who is chairman of a House panel with jurisdiction over the bankruptcy code.

Puerto Rico’s financial advisers painted a bleak picture this summer when they said more spending cuts, revenue increases and economic growth could close just half of the projected cumulative deficits of $28 billion in the next five years.

Debt forbearance and restructuring would be needed for the other half because the commonwealth has lost access to bond markets. The island’s economy has been in recession since 2006, and in that time its population has fallen 7% while its debt load has grown 64%.

The White House plan would also expand Medicaid subsidies and make federal tax credits available to the island’s residents. The breaks are designed to boost the island’s unusually low workforce participation rates, but are controversial as Puerto Ricans don’t pay federal income tax.

Aides to some GOP lawmakers acknowledge that Puerto Rico’s fiscal situation is unlikely to improve on its own, potentially leading to federal intervention. But for now those lawmakers have coalesced around the need for stronger oversight of the island’s finances. Some worry local officials won’t follow through with cuts in government expenses or ramped-up tax collection, requiring a federal control board as part of any congressional response.

Democrats say efforts to maintain the status quo will exacerbate the economic crisis and drain urgency from talks between Puerto Rico and its creditors to complete a voluntary restructuring. Some lawmakers have pushed for Congress to attach a relief package to spending bills it must pass before adjourning this month.

Others have criticized the Obama administration for not promising to act unilaterally. “I urge Treasury to be just as creative in coming up with solutions for Puerto Rico as it was when the big banks called for help,” Sen. Elizabeth Warren (D., Mass.) told a Treasury adviser at a recent hearing.

While Washington hasn’t intervened in other municipal debt crises like Detroit, Puerto Rico is an anomaly because it is a U.S. territory. The commonwealth has maintained local autonomy since the 1950s, but governance of the island, whose residents are American citizens, ultimately rests with Congress and the president.

Analysts say Congress isn’t likely to take action, absent signs of a much more acute humanitarian emergency.

“A crisis to D.C. politicians is Jurassic Park on the island,” said Stephen Myrow, managing partner at Beacon Policy Advisors, a research firm. “Until you have that, you don’t have the pressure that Congress would need to build a consensus.”

Further reducing any urgency: Puerto Rico isn’t viewed as a systemic threat to the U.S. economy. Europe ultimately moved to bailout Greece because the risk the crisis would spread through its banking system was high, said Mr. Myrow.

Federal Reserve officials saw “minimal” risks that Puerto Rico’s debt crisis could spread through U.S. financial markets at their October meeting, according to minutes released last month.

THE WALL STREET JOURNAL

By NICK TIMIRAOS and AARON KURILOFF

Dec. 3, 2015 8:35 p.m. ET

Write to Nick Timiraos at nick.timiraos@wsj.com and Aaron Kuriloff at aaron.kuriloff@wsj.com




Supreme Court to Examine Puerto Rico Effort to Restructure Some Debts.

WASHINGTON—The Supreme Court agreed Friday to hear Puerto Rico’s effort to restructure its public utilities’ debts by enacting its own bankruptcy law.

As an unincorporated territory, Puerto Rico lacks the authority that U.S. states and their municipalities hold to restructure their debts under chapter 9 of the federal bankruptcy code.

To fill that gap, the territorial legislature adopted Puerto Rico Public Corporation Debt Enforcement and Recovery Act, which authorizes several public agencies and utilities to discharge most of their debts over their creditors’ objection.

Bondholders, including the Franklin Funds and BlueMountain Capital Management, sued, arguing the federal bankruptcy code pre-empts the Puerto Rico statute. Lower courts agreed.

The bondholders include mutual funds holding tax-free state and municipal bonds. Because Puerto Rico bonds are exempts from all state and federal taxes, Franklin and other funds focused on a particular state’s municipal bonds have filled out their portfolios with Puerto Rico bonds.

The Supreme Court will hear the appeal in early 2016, with a decision expected by June.

Puerto Rico continues to struggle over its fiscal situation. The governor this week signed an order allowing the territory to make its latest $355 million debt payment only after it clawed back revenue used to pay debt for public corporations such as transit and tourism authorities. The government and various agencies face an additional $950 million due Jan. 1.

THE WALL STREET JOURNAL

By JESS BRAVIN

Dec. 4, 2015 2:22 p.m. ET

—Nick Timiraos contributed to this article.




Puerto Rico Avoids Default on Over $350 Million in Bond Payments.

Prices of some Puerto Rico bonds rallied after Gov. Alejandro Garcia Padilla said the U.S. Commonwealth would begin clawing back revenue from other debt to provide for essential public services and pay obligations backed by the government’s full faith and credit.

Some Puerto Rico bonds maturing in 2035 traded at about 75 cents on the dollar, up from around 71.75 cents Monday, according to the Electronic Municipal Market Access website. The rally came as Puerto Rico’s Government Development Bank said it had paid principal and interest on the bank’s debt due Tuesday.

The clawback would default on some debt “in an effort to attempt to repay bonds issued with the full faith and credit of the Commonwealth and secure sufficient resources to protect the life, health, safety and welfare of the people of Puerto Rico,” the governor said in written testimony.

“Today’s debt service payments reflect our commitment to honor our obligations notwithstanding the extreme fiscal challenges we face in an effort to facilitate a voluntary restructuring process with our creditors,” said Melba Acosta, the GDB president, in a news release. “However, make no mistake, Puerto Rico’s liquidity position is severely constrained at this time despite the extraordinary measures the Government has taken to improve it.”

Puerto Rico is negotiating with bondholders over restructuring the commonwealth’s debt, which exceeds $70 billion, and paid only a fraction of around $58 million due in August. While those bonds had weak legal protections for investors, a default on government-guaranteed debt could have disrupted talks and provoked lawsuits.

The more-than $350 million due Tuesday included about $270 million of the bank’s debt guaranteed by the government, according to a report by Moody’s Investors Service. Prices on government-backed debt rose as investors were reassured that the island was increasing efforts to pay its general obligation bonds while restructuring talks with investors continue, said John Miller, co-head of fixed income at Nuveen Asset Management LLC, which manages more than $100 billion of municipal bonds. That means taking money from sources such as highway or convention center bonds, he said.

“It’s a sign that, at least for now, the risk of general obligation default has been greatly reduced,” said Matt Fabian, partner at the research firm Municipal Market Analytics. “Near-term payments in those bonds have become more likely, but the long term picture is less clear.”

Moody’s Investors Service said in a prepared statement that the governor’s move to redirect money from nongeneral obligation debt “underscores the severity of the commonwealth’s liquidity issues.” Puerto Rico now owes $945 million due Jan. 1, 2016, including $363 million in general obligation debt service, and the ratings firm continues “to view default as likely” on future payments.

The governor’s comments came at a Senate Judiciary Committee hearing on Puerto Rico’s fiscal crisis. He also said the government was out of cash and that, after Tuesday’s payment, he would choose to fund essential public services before making payments to bondholders, triggering a default.

“If anyone put me into position of selecting to pay a creditor, or a policeman, teacher or firefighter, I will pay the policeman, the teacher and the firefighter. There is no doubt about it,” he said. “And we are running out of cash. There’s no more cash.”

Mr. Garcia Padilla said that he would soon be forced to make that choice.

“There’s no more tricks to be able to sustain the essential services to the people of Puerto Rico and pay the debt in the future. I have been saying this and inviting creditors to the table,” he said. “Maybe now they will understand.”

THE WALL STREET JOURNAL

By AARON KURILOFF and NICK TIMIRAOS

Updated Dec. 1, 2015 1:52 p.m. ET

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com and Nick Timiraos at nick.timiraos@wsj.com




Pension Cuts Win Federal Court Support in Chattanooga.

In a big win for Chattanooga Mayor Andrew Berke’s administration, a federal court judge dismissed a lawsuit filed by four retired police officers and firefighters that challenged the city’s decision to reduce the cost-of-living adjustments to their pensions.

U.S. District Court Judge Curtis Collier granted the city’s motion for summary judgment in a decision issued Tuesday.

Mayor Berke praised the ruling, saying it preserved his pension reform plan. “Last year, the Fire and Police Pension was reformed to ensure the longterm fiscal health of the city and meet our obligations to first responders,” he said in a statement. “We are excited this solution was validated by the court today, ensuring the city will be able to continue to provide competitive benefits for our police and firefighters for years to come.”

View Full Story from the Times Free Press




California Debt Foe Campaigns to Block Billion-Dollar Bond Deals.

Dino Cortopassi, who lives near Stockton, watched as the California city loaded up on debt for amenities like a waterfront ballpark, only to slash services after the community went bankrupt. So he’s spending $4 million in an effort to give the state’s voters more power to curb bond sales.

The 78-year-old farmer turned businessman placed an initiative on the November ballot that would require voter approval for revenue bonds exceeding $2 billion. That could set up roadblocks for billions of dollars of planned public projects, including California’s high-speed railroad and the vast network of tunnels and water works that Governor Jerry Brown, a Democrat, wants to build across the drought-stricken state.

“This is an effort to halt California’s rush into deeper and deeper debt,” Cortopassi said. “It is to instill some discipline in a totally undisciplined feeding off the public trough.”

The measure is part of a decades-long tradition of using the ballot box to exert influence over fiscal policy in the most populous U.S. state, sometimes with long-lasting consequences. Already, labor unions and the California Chamber of Commerce are lining up to defeat the initiative, which the state’s nonpartisan Legislative Analyst’s Office said would cast “substantial uncertainty” over the financing of infrastructure projects.

“You don’t know what type of initiative can pop up and what the implications are fiscally for the state,” said Howard Cure, head of municipal research in New York at Evercore Wealth Management, which oversees $5.9 billion of investments. “A lot of them could ultimately result in limiting the flexibility of the legislature to deal with financial problems.”

Cortopassi’s campaign against profligacy comes as public finances are reviving in California, which was hit particularly hard by the real estate crash and recession. As the recovery provided California with a tax windfall, Brown has used the surplus to pay off debt and bolster savings.

In July, Standard & Poor’s raised its bond grade to the highest in 14 years, marking the eighth upgrade from one of the three biggest credit-rating companies since 2010. California 10-year bonds yield about 2.34 percent, or 0.27 percentage point more than top-rated debt, down from a gap of as much as 1.7 percentage point six years ago.

Voter Approval

California voters already must approve general-obligation debt, which is backed by the government’s full faith and credit. Revenue bonds are repaid through money generated by the projects being financed, such as tolls on roads or fees from water customers.

California and local agencies have sold $310 billion of the securities since 2008, data compiled by Bloomberg show. Even so, the state has relied more heavily on general obligations: As of November, California had $76 billion of general obligations outstanding, almost seven times what it owes for revenue bonds.

Cortopassi, a son of Italian immigrants who started out on rented land before acquiring his own farm and stakes in local agricultural businesses, said the level of debt will take decades for future generations to repay. State and local governments are already contending with swelling liabilities to workers’ pension funds, he said.

Last year, he bought full-page advertisements in California newspapers with “Liar, Liar, Pants on Fire!” emblazoned in capital letters across the top. Written as columns from Cortopassi, the ads detailed the state’s debts and urged voters to reject every bond proposition. He followed that with a successful drive to put on the ballot his constitutional amendment, which would apply to debt sold by California and some local agencies.

Close to Home

One bond-funded project would run right through the Central Valley, the agricultural heart where Cortopassi made his fortune. Brown’s effort to improve the state’s water supply includes building two $15 billion tunnels under the Sacramento-San Joaquin delta. Cortopassi said he opposes the project because of its environmental impact and has raised funds for a group that’s against it.

The Central Valley will also carry a major leg of California’s high-speed railroad. Voters have already approved the sale of $10 billion of bonds for the $68 billion project, which would run from San Francisco to Los Angeles. Private investors, who will be needed to help pay for the rail line, have said they won’t sign on unless taxpayers pitch in even more.

The consequences of Cortopassi’s initiative, if approved, could have a broad reach. A review by the Legislative Analyst’s Office said it may wind up reducing funding for large-scale projects, though the effects will hinge on how it’s interpreted by courts and governments. Such constitutional changes can have lasting repercussions: Proposition 13, a property-tax limit that was passed in 1978, made local governments more dependent on sales taxes.

“It’s making it harder to finance these kinds of infrastructure needs, which I think everyone acknowledges are pretty critical for the state,” said Stephen Walsh, a director with Fitch Ratings in San Francisco.

It may also leave California projects dependent on more expensive forms of financing, according to the Citizens to Protect California Infrastructure, a coalition of business groups and labor unions organized to sway voters against it. It would impose “costly delays in repairing our roads, colleges and water systems and make it harder to respond to natural disasters,” said Gareth Lacy, a spokesman for Brown.

Cortopassi is unmoved by such arguments. He said those who benefit from bond-funded projects don’t want residents to have a say.

“This is the people’s chance to choose their own destiny,” he said.

Bloomberg Business

by Romy Varghese

November 30, 2015 — 9:01 PM PST Updated on December 1, 2015 — 11:11 AM PST




Puerto Rico Makes Bond Payment by Redirecting Revenue.

NEW YORK — Puerto Rico on Tuesday made bond payments on $355 million worth of debt maturing on Dec. 1 that was issued by its Government Development Bank by diverting revenues pledged to other debt.

A default could have triggered lawsuits, further spooked investors and undermined the island’s efforts to climb out of $72 billion in debt.

MARKET REACTION: Puerto Rico’s 8 percent General Obligation Bond rallied to trade at an average price of 75 cents on the dollar, with a yield dropping to 11.168 percent versus a yield of 11.809 percent on Monday.

COMMENTS:

TED HAMPTON, ANALYST, MOODY’S INVESTORS SERVICE:

“The Commonwealth of Puerto Rico’s Government Development Bank made full payment of debt service to its note holders today, despite its strained liquidity. The payment, which was disclosed in a press release, indicates the commonwealth is making an effort to avoid litigation and prevent further deterioration in relations with its creditors.”

“Puerto Rico’s financial situation remains pressured and today’s payment does not change Moody’s current ratings or outlook on the commonwealth’s debt. Moreover, the governor’s executive order to redirect revenues allocated to certain non-general obligation bonds underscores the severity of the commonwealth’s liquidity issues. Puerto Rico now must make $945 million in total bond payments on January 1, including $363 million in general obligation debt service. We continue to view default as likely on future commonwealth debt payments.”

DAVID TAWIL, PRESIDENT AT MAGLAN CAPITAL IN NEW YORK:

“This just really buys a bit more time for the Commonwealth, but the PR leadership better act fast with respect to bond holder negotiations if they want these payments to have been worthwhile. Otherwise, if there is an eventual default, then that was good money thrown after bad.”

MIKHAIL FOUX, MUNICIPAL RESEARCH DIRECTOR AT BARCLAYS CAPITAL, NEW YORK:

“The more important thing is the actual claw back… We were saying they were going to do that. It’s just a question of when. And they just decided to do that before the January payments. Come January we’re going to see some defaults, which was always our base case scenario on certain entities … By clawing back on certain entities they’re showing their intent.”

PHILIP FISCHER, HEAD OF MUNICIPAL BOND RESEARCH, BANK OF AMERICA MERRILL LYNCH IN NEW YORK:

“I think the essential question from the hearing is where are the financials (Puerto Rico’s latest audit)? Absent the financials it’s extremely difficult for Congress to come to an exact assessment of where Puerto Rico stands. Absent the financials we have difficulty judging all the issues related to remedies.”

ROBERT AMODEO, FUND MANAGER, WESTERN ASSET MANAGEMENT, NEW YORK:

“Ultimately this is going to be a messy situation we believe and one that is protracted. You have the GO (general obligation) debt holders saying, ‘look, we have the constitutional rights, you have to find revenue from every available source’, and then you have the COFINA bondholders saying, ‘we have these nice bond documents that say these are not available revenues’.”

JAMES COLBY, SENIOR MUNICIPAL STRATEGIST, VAN ECK GLOBAL, NEW YORK:

“When we saw the initial headlines, we were exhaling a sigh of relief – we don’t have a monetary default. But now we go to the next month. Come January 1, we’ve got another very significant commitment that they have to address… by no means is this to be construed as anything but just a momentary blip in what’s been a continuing litany of confusing positioning and comments from the leadership” in Puerto Rico.

ROBERT RAUCH, SENIOR PARTNER AND PORTFOLIO MANAGER, GRAMERCY FUNDS MANAGEMENT, GREENWICH, CONNECTICUT:

“Padilla’s comments were a game-changer. He admitted essentially that Puerto Rico is out of cash. They have no recourse but to put off the day of reckoning. They have already defaulted on a non-GO obligation. It is just a matter of time at this point.”

“We’ll start to see things quickly unwind and then everything goes back to the U.S. Congress. They are the only ones who have the ability to actually legislate and give Puerto Rico the tools to address the financial stress they are under. It will have to be bespoke legislation to address this.”

“We have examined Puerto Rico but did not invest because of a lack of clarity on the process.”

By REUTERS

DEC. 1, 2015, 1:09 P.M. E.S.T.

(Reporting By U.S. Municipal Markets Team; Editing by Daniel Bases and Bernard Orr)




Puerto Rico Avoids Second Default, but Future Payments Uncertain.

NEW YORK/SAN JUAN — Puerto Rico made a crucial debt payment on Tuesday but warned that its deteriorating finances could trigger future defaults, as the governor granted the U.S. territory power to take revenues from public agencies.

There had been speculation Puerto Rico would default on all or part of the $355 million notes issued by its financing arm, the Government Development Bank. The U.S. territory said in a statement that it made the Dec. 1 bond payment despite “extreme fiscal challenges.”

While Puerto Rico first defaulted in August, failure to make the payment on Tuesday would have been more significant because part of that debt was protected by the commonwealth’s constitution.

Another default could have triggered lawsuits, further spooked investors and undermined the island’s efforts to climb out of $72 billion in debt and forced it to take drastic measures to keep public services running.

But Moody’s said the ratings agency would “continue to view default as likely on future commonwealth debt payments.”

Puerto Rico’s next deadline is $945 million in total bond payments on Jan. 1, including $363 million in general obligation debt service, Moody’s said.

A Puerto Rico executive order signed on Monday by Governor Alejandro Garcia Padilla said it gives the commonwealth the ability to claw back revenues from certain government agencies, including the highway authority HTA and the infrastructure authority PRIFA.

Garcia Padilla told a U.S. Senate Judiciary Committee that Puerto Rico would have to “claw back revenues pledged to certain bonds issued in order to maintain public services” and to repay bonds issued with the full faith and credit of the commonwealth.

An imminent default “looms large,” Garcia Padilla said.

“In simple terms, we have begun to default on our debt in an effort to attempt to repay bonds issued with the full faith and credit of the commonwealth and secure sufficient resources to protect the life, health, safety and welfare of the people of Puerto Rico,” the governor said in written testimony.

Justice Secretary Cesar Miranda said that the clawbacks “could be interpreted as a technical default, in the way that we retain money destined to eventually pay a debt when due” and said it could open the door to litigation.

Puerto Rico’s 8 percent General Obligation Bond rallied to trade at an average price of 74.9 cents on the dollar, with a yield dropping to 11.2 percent versus a yield of 11.8 percent on Monday, on news that it did not default on the GDB debt.

With 45 percent of its 3.5 million population in poverty, Puerto Rico is a meteorological paradise mired in economic purgatory. Years of over-spending and the expiration of corporate tax incentives stuck it with debt that gets harder to pay as residents increasingly emigrate to the United States.

“Puerto Rico’s debt crisis didn’t happen overnight, it’s been years in the making,” said Senator Chuck Grassley, who chaired the committee at Tuesday’s hearing. “The starting point is to identify the problem.”

Puerto Rico is in the process of trying to negotiate a debt restructuring with investors which could involve a so-called superbond that provides just one credit for various existing bonds. One source familiar with the situation said negotiations had been going slowly and will now probably drag into next summer as the GDB payment buys some time.

“This just really buys a bit more time for the Commonwealth, but the Puerto Rico leadership better act fast with respect to bond holder negotiations if they want these payments to have been worthwhile,” said David Tawil, president at hedge fund Maglan Capital.

Of the $355 million paid on Tuesday, $81.4 million was to service non-general obligation-backed debt and $273.3 million was for notes backed by the commonwealth’s general obligation guarantee.

The payment on bonds issued by the GDB was crucial as Puerto Rico tries to stretch its liquidity into 2016 to provide more time to restructure debt.

In August, Puerto Rico paid only $628,000 of a $58 million payment due on its Public Finance Corp bonds.

By REUTERS

DEC. 1, 2015, 12:57 P.M. E.S.T.

(Reporting by Megan Davies and Nick Brown; additional reporting by Daniel Bases and Edward Krudy in New York and a contributor in San Juan; Editing by Lisa Von Ahn, Grant McCool and Bernard Orr)




Puerto Rico's Dec. 1 Deadline: A Guide as Possible Defaults Loom.

Pensioners form a long queue to collect their pensions from a National Bank of Greece SA bank branch in T
Puerto Rico faces a dilemma: pay bondholders $354 million on Dec. 1 or hold on to the cash to ensure it can keep the government running.

The decision may mark a turning point in the long-simmering fiscal crisis for the Caribbean island, which is seeking to cut its $70 billion of debt by persuading investors to accept less than they’re owed. While it began skipping payments on bonds backed only by legislative appropriations in August, next week’s payment includes debt that the central government has guaranteed, giving investors legal recourse. Another $957 million is due from Puerto Rico and its agencies on Jan. 1.

If there’s a default, bondholders may sue for repayment, igniting a legal battle that could upset efforts to negotiate a debt-restructuring agreement. Talks with creditors are only just beginning, and Puerto Rico has yet to disclose the terms it will offer investors to exchange their debt for new securities.

The commonwealth is doing “everything possible” to make the payment, according to Jesus Manuel Oritz, spokesman in San Juan for Governor Alejandro Garcia Padilla.

The payments Tuesday are all due on bonds sold by the Government Development Bank, which lends to the island’s central government and its agencies. That includes $267 million of maturing debt that’s guaranteed by the commonwealth. The securities are insured by MBIA Inc.’s National Public Finance Guarantee Corp., which would be on the hook if Puerto Rico doesn’t pay.

The GDB is likely to default on at least a portion of what’s due, Genevieve Nolan, a Moody’s Investors Service analyst, wrote in a Nov. 11 report. That wouldn’t be a surprise to the $3.7 trillion municipal-bond market: Puerto Rico’s debt has been trading at distressed levels for more than two years and officials for months have said maintaining essential services and programs is the commonwealth’s first priority.

Avoiding a default in December or January — the busiest months for debt payments until July — would give the commonwealth time to negotiate with investors and insurance companies that guarantee its securities. It may also cause prices to rebound, which would provide investors with an opportunity to sell ahead of a restructuring, according to Matt Fabian, a partner at Concord, Massachusetts-based Municipal Market Analytics.
Such a reprieve may only prove temporary. Standard & Poor’s said in a September report that all of Puerto Rico’s tax-backed debt is highly vulnerable to default.

One Island, Many Bonds

Here’s a list of the island’s debt, how much is outstanding, when major monthly payments are due, and the source of funds that back the securities, according to data compiled by Bloomberg. Also included are the bonds’ most recent yields. A higher yield indicates that investors see more risk of non-payment:

Puerto Rico Sales Tax Financing Corp.: $15.2 billion. The bonds, known by the Spanish acronym Cofinas, are repaid from dedicated sales-tax revenue. A $6.2 billion portion of the debt, called senior-lien, is repaid first. The remaining $9 billion, called subordinate-lien, get second dibs. $1.2 million of interest is due in February and again in May. Senior Cofinas maturing in 2040 last traded for an average yield of 9.5 percent, while subordinate ones yielded 18 percent.

General-obligations: $12.6 billion. The debt backed by the commonwealth’s full faith and credit. The island’s constitution says general obligations must be repaid before other expenses. Puerto Rico owes $357 million of interest in January and an additional $805 million of principal and interest is due July 1. Securities due in 2035 last traded for an average yield of 11.5 percent.

Puerto Rico Electric Power Authority: $8.2 billion. Prepa, as it’s called, is the island’s main supplier of electricity and repays the debt from what it charges customers. The utility owes $196 million of interest in January and $420 million of principal and interest July 1. Prepa is negotiating with bond-insurance companies after reaching an agreement with some of its bondholders, who agreed to take a 15 percent loss.

Bonds maturing in 2040 last traded at an average yield of 9.2 percent.

Puerto Rico Government Development Bank: $5.1 billion. The GDB lends to the commonwealth and its localities. When those loans are repaid, the bank can pay off its debt. The bank owes $354 million in December and $422 million in May. Federally taxable bonds maturing in 2019 last traded for an average yield of 57 percent.

Puerto Rico Highways & Transportation Authority: $4.6 billion. The highway agency repays its debt with gas-tax revenue. It owes $106 million of interest in January and $220.7 million of principal and interest in July. The commonwealth has the ability to divert revenue that cover some highway bonds to pay its general-obligation securities, if there are no other available resources, according to the island’s most recent financial disclosure. Bonds maturing July 2028 last traded for an average yield of 32 percent.

Puerto Rico Public Buildings Authority: $4.1 billion. The PBA bonds are repaid with lease revenue that public agencies pay for their office buildings. The agency owes $102.4 million of interest in January and $208 million of principal and interest in July. Bonds maturing 2042 last traded for an average yield of 10.4 percent.

Puerto Rico Aqueduct & Sewer Authority: $4.1 billion. The utility, called Prasa, supplies most of the island’s water. The debt is repaid from water rates charged to customers. The water agency owes $86.5 million of interest in January and $135.1 million of principal and interest in July. Bonds maturing in 2042 last traded at an average yield of 8.7 percent.

Puerto Rico Pension-Obligation Bonds: $2.9 billion. The taxable debt was sold to bolster the island’s nearly depleted pension fund. The bonds are repaid from contributions that the commonwealth and municipalities make to the retirement system. The system pays $13.9 million of interest every month in this budget year. Securities maturing in 2038 last traded for an average yield of 22 percent.

Puerto Rico Infrastructure Financing Authority: $1.9 billion. Called Prifa, the agency has sold the island’s rum-tax bonds. These are securities repaid from federal excise taxes on rum made in Puerto Rico. Prifa owes $37.2 million of interest in January and $77.8 million of principal and interest in July. Bonds maturing in 2046 last traded for an average yield of 28 percent.

Puerto Rico Public Finance Corp.: $1.09 billion. The bonds are repaid with money appropriated by the legislature. The agency has defaulted every month since August on its debt-service payments because lawmakers failed to allocate the funds. It owes interest every month, the largest being a $24 million payment in February. Bond maturing in 2031 last traded for 7 cents on the dollar, according to trade reports. The yield wasn’t disclosed.

Bloomberg Business

by Michelle Kaske

November 24, 2015 — 9:01 PM PST Updated on November 25, 2015 — 6:52 AM PST




Bloomberg Brief Weekly Video - 11/25

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

November 25, 2015




Moody's: Illinois' Inherent Credit Strengths Help Offset Pressures, But Do Not Create 'Rating Floor.'

New York, November 24, 2015 — Following its October downgrade, the State of Illinois (Baa1 negative) is the only state rated below single-A, exemplifying how a combination of pressures can offset typical sources of a state’s credit strength, Moody’s Investors Service says in a new report.

Illinois benefits from a diverse and wealthy economy as well as strong legal protections for general obligation (GO) bondholders, but these intrinsic strengths do not provide a credit quality “floor” that keeps the state’s ratings at investment grade, Moody’s says in “FAQ: The Future of Illinois’ Credit Position.”

“There is no floor for US state ratings, despite states’ inherent credit strengths and typically very high ratings,” Moody’s VP-Senior Credit Officer Ted Hampton says. “The majority of states are rated either Aaa or Aa1, and this concentration at the top of our rating scale reflects states’ powers — such as the ability to cut general spending — and positive features that include prudent governance practices, moderate debt burdens, and stable, diverse economies.”

The factors that have eroded Illinois’ credit standing in recent years could drive the state’s credit closer to speculative-grade, Moody’s says. These interrelated factors are governance weaknesses, bill payment deferrals, chronic structural budget gaps, and soaring unfunded pension liabilities.

The FAQ also says despite these pressures, Illinois has a significantly higher credit rating than Chicago (Ba1 negative) because the state’s pension funding crisis is less immediate, its funding burden is significantly less in relation to its resources, and because of the state’s broader fiscal powers including the ability to shift its funding burdens onto lower levels of local government with separate revenue sources.

“Chicago faces a near-term threat of pension plan asset depletion, while the state does not,” Hampton says. The report notes that Chicago’s pension plans face substantially higher annual outflows to pay benefits in relation to their assets.

The FAQ also discusses whether political division within a government creates credit-negative situations and if a budget compromise in Illinois improve the state’s credit standing.

The report is available to Moody’s subscribers here.




Virginia Extends Existing P3 to Toll I-395 HOV Lanes.

DALLAS – Virginia will extend an existing transportation public-private partnership to add eight miles to its system of high-occupancy tolled traffic lanes near Washington, D.C.

Transurban has agreed to finance the $200 million to $250 million project to add a new high-occupancy lane to the existing two-lane HOV system on Interstate 395 and to convert all three to reversible HOT lanes, Virginia Transportation Secretary Aubrey Layne said on Nov. 20.

The Transurban-led 95 Express Lanes LLC, which includes Fluor Corp., maintains and operates the 28 miles of managed toll lanes on Interstate 95 that opened in late 2014 with a concession that extends to 2087. The $950 million project was financed and built under Virginia’s Public-Private Transportation Act.

Motorists could use the existing free lanes on the I-395 segment or opt to pay a toll on the three reversible HOT lanes that increases as free-lane road congestion worsens, Layne said in a letter to local officials in Alexandria, Va., and Arlington and Fairfax counties. Vehicles with at least three passengers can continue to use the HOT lanes without charge.

“This proposal is not the same as proposals in the past,” Layne said in his letter.

The state originally proposed extending the HOT system to the Potomac River, which separates the District of Columbia and Virginia, but dropped that plan when Arlington County filed an environmental lawsuit to block the project.

The tolled lanes on I-395 would connect with the I-95 high-occupancy lanes and extend to near the Pentagon under the new plan.

The revised proposal will provide funding for transit improvements and commuter parking lot expansions, but requires only minimal interchange construction, Layne said.

“The McAuliffe administration believes that this corridor needs new and expanded transportation options for drivers, sluggers, and transit users,” he said.

Sluggers are commuters who congregate along the road to catch a ride with motorists seeking additional passengers so they can qualify for the high-occupancy lanes.

Jennifer Aument, general manager of Transurban’s operations in North America, said the project will benefit residents and travelers for decades.

“By funding improvements through a public-private partnership, we are able to preserve scarce public transportation dollars to be used on other regional priorities and provide a revenue stream for transit that will continue to fund new options for travelers in the I-95 corridor for many years to come,” she said.

The tolled HOV lanes will provide area motorists with new choices, said Joe Vidulich, vice president of government relations at the Fairfax County Chamber of Commerce.

“This innovative public-private partnership will result in a dedicated corridor for carpoolers and buses, while also providing new transportation choices for all motorists to reach their destination faster,” he said.

The state will conduct an environmental assessment of the lane project and study other ways to improve travel along the I-95/395 corridor before construction begins, Layne said.

“The Commonwealth and its private partners are committed to a robust public engagement effort,” he said.

Work could begin in 2017 and be completed in two years, Layne said.

Meanwhile, the Maryland Transit Administration last week received initial proposals from the four teams shortlisted as contenders for its Purple Line P3 light rail system. The 16-mile system in the northern suburbs of Washington is expected to cost more than $2 billion, but the project cost won’t be known until the teams submit their financial plans on Dec. 8.

Maryland Gov. Larry Hogan in June cut the state’s contribution to the Purple Line to $168 million from the original $700 million pledge and cancelled the Red Line light rail project in Baltimore.

The MTA plans to select a preferred partner for the Purple Line in February, subject to a review by the Maryland Board of Public Works in March. Work is expected to begin next year with completion in 2021.

THE BOND BUYER

BY JIM WATTS

NOV 24, 2015 2:07pm ET




Decision Time in Puerto Rico.

Puerto Rico is facing another potential default in about a week as it has a $355 million debt payment due on Dec. 1. The troubled territory defaulted for the first time ever back in August when the government’s Public Finance Corporation didn’t meet a $58 million debt payment. This time, the Government Development Bank (which is Puerto Rico’s main financier) is the one in trouble.

The GDB announced that it is meeting with bondholders who hold the majority of Puerto Rico’s debt on Friday, Nov. 20 in New York. The meeting is not open to the public, although a statement issued by the GDB said they would be discussing a previously announced restructuring plan. That plan seeks to adjust the territory’s debt in a way that maximizes creditors’ recovery while “preserving the government’s ability to serve its citizens.”

It’s hard to be hopeful that Puerto Rico will find a sustainable solution to its problem in the near future since lately the territory seems to just lurching now from one disaster to the next. It has been in a recession for nearly a decade and it has racked up debt of about $72 billion. It has less than $1 billion in cash — far less than it needs to run the government. Earlier this month, Moody’s Investor Service issued a statement predicting the island would default on at least some of its debt due Dec. 1. Puerto Rico’s credit rating is already well into junk bond territory.

GOVERNING.COM

BY LIZ FARMER | NOVEMBER 20, 2015




Christie Skeptical of Cost to ‘Pay for Success.’

New Jersey Gov. Chris Christie recently vetoed a bill that would have created a fund to promote Pay for Success (PFS) programs in the state. Called the “New Jersey Social Innovation Act,” the bill would have created a five-year social innovation loan program in the New Jersey Economic Development Authority to promote preventive health service programs. The fund would have been used for things like guaranteeing loans made by private financiers and paying for expenses related to the administration of the loan guarantees. (PFS programs seek private financing to fund preventative government programs. The financiers are paid back only if the program achieves the desired result.)

Christie didn’t nix the entire bill but he did gut key parts and instructed staff to consider ways to use existing resources to accomplish the same goal. He noted that the fiscal note accompanying the bill was inconclusive about how much the program would cost (or save) the state. While noting the “possibility for cost savings through more efficient health care provision,” the note went on to say that the details of the loan and loan guarantee agreements “will be significant factors in determining whether those cost savings may be realized.”

In his veto, Christie said the finances were too vague. “While I agree that preventative health services are a valuable piece of the State’s overall healthcare picture, I am concerned that establishing such a new financial structure requires further consideration before enactment,” his letter said. “There have been mixed results concerning the true benefits of these programs in extensive studies conducted by the most respected experts.” Indeed, PFS is still a nascent idea with just two projects in five years yielding results: one is working, and one didn’t.

GOVERNING.COM

BY LIZ FARMER | NOVEMBER 20, 2015




Alaska Endowment Double-Check.

Alaska Gov. Bill Walker is moving forward with a rescue plan for the state’s finances that would convert the state’s Permanent Fund into an endowment that absorbs oil income and generates billions of dollars in annual revenue for the state’s treasury. The state’s $52 billion Permanent Fund was created via a constitutional amendment in the 1970s and automatically receives about one-quarter of the state’s oil revenue each year. It’s used solely to pay out annual dividends to residents and payments have averaged $1,400 for the past decade. The shift into one large endowment that the state government can access would reduce the resident payments to about $1,000, the governor’s office estimates.

More than any other state, Alaska’s budget has been hammered by the drop in oil prices. The state relies on oil revenues to fund nearly all of its operations. Last year it withdrew $2.7 billion out of its savings to close a budget gap and for this year’s budget Walker relied on a similarly large withdrawal. His staff estimates that by moving all oil revenues into an interest-bearing endowment fund and withdrawing annually from that fund, the state would become less reliant on oil. His office estimates the fund would early about $3 billion in annual interest — a little larger than the amount the state withdrew from savings in the past two budgets.

But it doesn’t hurt to double check. This week the administration said it had issued an RFP asking financial consultants to vet Walker’s plan. It seems the governor’s office wants as solid backing as it can get on a proposal that would overhaul the state’s financial structure. Jerry Burnett, deputy revenue commissioner, told the Alaska Dispatch consultants would “vet our models, look at what we’ve done and what our assumptions are, and assuming that we go forward with this and that everything works out, be available to explain to the legislature that the Walker administration is telling you the truth.”

GOVERNING.COM

BY LIZ FARMER | NOVEMBER 20, 2015




SEC Charges Brogdon With Misleading Investors, Obtains Freeze on Assets.

WASHINGTON – The Securities and Exchange Commission has obtained an emergency freeze on the assets of an Atlanta-based businessman and filed a lawsuit charging him and his associates with fraud for misusing investor proceeds that were supposed to finance the purchase and renovation of senior living facilities.

The SEC filed its complaint with the United States District Court for the District of New Jersey and is requesting a jury trial. It is also requesting that Brogdon return his ill-gotten gains with interest and penalties and be barred from serving as an officer or director of a public company. The SEC also wants the court to impose a receivership on the entities that Brogdon owns or controls.

At the same time, the Financial Industry Regulatory Authority filed a complaint against Cantone Research Inc. in Tinton Falls, N.J. its majority owner and wife in connection with Brogan’s transactions.

The SEC found that since 1992, Christopher Brogdon raised more than $190 million for his nursing home and retirement community projects through 54 conduit municipal bond transactions and private placements. In total, the SEC alleged Brogdon committed fraud through at least 43 entities he owns or controls.

The offering documents given to investors for these projects said that the money to be raised would be used for purchasing, constructing, or renovating specific projects. The investors were supposed to receive interest from the revenues generated by the projects in which they believed they were investing. Instead, Brogdon, as early as 2000, commingled the investor funds and used the money for personal expenses and other business ventures, including restaurants and commercial real estate holdings, the SEC said.

Brogdon also consistently failed to file required financial statements and drew down on debt service reserve funds to make interest payments to his investors, without disclosing his actions or replenishing the funds. As a result, there were multiple times when interest or principal payments were due and he relied on third-party lenders to make his payments, according to the commission.

“As alleged, Brogdon deceived investors about the true nature of these investment opportunities,” said Sanjay Wadhwa, senior associate director of the SEC’s New York Regional Office. “Brogdon falsely promised investors they were investing in specific senior living projects when in reality they also were funding his personal expenses and other businesses, including some that are struggling financially.”

Brogdon has been in the nursing home, assisted living, and retirement home community business for more than 25 years. He owns seven other real estate and restaurant business ventures throughout Georgia and the surrounding states and has been associated with retirement and healthcare companies since the early 1990s.

He was censured, fined, and barred from the securities industry by NASD, the predecessor to the Financial Industry Regulatory Authority, in 1986 when he was found to have effected transactions in securities while failing to maintain adequate net capital. NASD additionally found he had withdrawn cash and securities investments from the firm’s accounts while the firm was deficient in net capital.

The SEC’s complaint also names Brogdon’s wife Connie Brogdon, who had a majority equity interest in many of the entities Brogdon uses to own, operate, or lease his facilities. His son Tygh Brogdon is named in the complaint as well because of his role as president of Brentwood Healthcare, which managed at least six facilities cited in the SEC’s complaint. In addition to his family, the complaint also names several other business entities associated with Brogdon as defendants.

In total, Brogdon was found to have raised at least $168 million through municipal revenue bonds issued in conduit deals, or certificates of participation in the bonds. He also raised at least $22 million through private placement offerings, usually comprised of equity and debt. The SEC found that Brogdon continues to control the borrower entities in each of the offerings they cited.

The SEC cited several examples of Brogdon’s misappropriation of offering proceeds. In the spring of 2013 he raised money through two offerings for a retirement housing development referred to as the “Arcadia Project” in Conyers, Georgia. The offerings included COPs in the Development Authority of Clayton County, Ga.’s revenue bonds and in the Savannah Economic Development Authority’s subordinated mortgage healthcare facility revenue bonds, as well as Cherokee Financial’s COPs in a 10% promissory note issued by Arcadia Partners.

The confidential disclosure memorandum given to investors, said that $1.4 million of the proceeds would be used to construct the Arcadia Project and that the private placement investors would be paid interest and principal from the revenues of the project. Instead $177,936 of the proceeds were used to make quarterly interest payments back to the investors in the Cherokee Financial private placement and $644,158 of the proceeds financed undisclosed expenses and payments, including some associated with his restaurants and his wife’s personal account.

In another example, Brogdon raised $2.15 million through COPs in the Development Authority of Clayton County, Ga.’s first mortgage revenue bonds. Instead of using $425,000 of the proceeds as working capital for the facility that served as the source of payment of debt service on the bonds, Brogdon used the money to pay loans on an unrelated nursing home and commercial property owned by his Brogdon Family Company LLC. He also used the money to pay an employee’s salary at one of the companies he co-founded and transferred $74,000 to his wife’s personal account.

His misconduct continued through at least Oct. 8 of this year, according to the SEC. As recently as September 2015, he used commingled funds from unrelated facilities to satisfy debt service obligations on three outstanding bond offerings and as recently as November he used a personal line of credit to make debt service payments on two bond offerings that did not include that source of funding in their official statements.

“Unless the defendant is permanently restrained and enjoined, [he] will again engage in the acts, practices, transaction and courses of business set forth in this complaint,” the SEC said.

The commission found Brogdon violated Section 17(a) of the Securities Act of 1933, which prohibits fraud and misrepresentations in the offer or sale of securities, and Section 10(b) of the Securities Exchange Act of 1934 as well as Rule 10b-5 in that section, which refer to manipulative and deceptive devices. He also violated Sections 20(e) of the Exchange Act, on liability of controlling persons, and Section 15(b) of the Securities Act, on registration of municipal dealers, according to the commission.

Meanwhile, FINRA charged Cantone Research majority owner Anthony Cantone, and his wife Christine, with making fraudulent misrepresentations and omissions of material facts in connection with the sales and extensions of more than $8 million of COPs in certain promissory notes that were executed on behalf of one of several entities controlled by Brogdon.

According to FINRA, four of five of the promissory notes have defaulted, resulting in about $6 million of losses to investors, while CRI and Cantone received commissions and other payments of more than $1 million from the offerings.

FINRA said CRI and Cantone failed to disclose to investors, among other things, that Brogdon had twice been barred from the securities industry, once for “egregious misconduct” involving unauthorized transactions and later for a separate “scheme” involving financial misconduct.

They also did not disclose that Brogdon had been indicted for racketeering, theft, and Medicaid fraud, that he had been found liable for breaching a stock repurchase guarantee agreement, and that several entities he controlled had filed for bankruptcy.

THE BOND BUYER

BY JACK CASEY

NOV 20, 2015 7:11pm ET




California LAO's Report Confirms State's Favorable Credit Position.

SAN FRANCISCO (Standard & Poor’s) Nov. 19, 2015—Standard & Poor’s Ratings Services said that the upbeat report issued yesterday by the nonpartisan California Legislative Analyst’s Office confirms our interpretation of the state’s finances that we published in August.

The findings in the new LAO report coincide with what we said in our Aug. 18 analysis of California (AA-/Stable) that we anticipated. Most significantly, the rules around how much of new revenue growth are mandated by Proposition 98 to go toward education are set to relax a bit. Essentially, in recent years, the state has paid down large obligations left over from the financial crisis that it owed to the schools. Now that the state has funded most of those requirements, the rules under Proposition 98 change and provide lawmakers with considerably more discretion over how to allocate revenues in the budget.

The fact that the state is in this position is favorable. Lawmakers have managed the state’s finances well over the past several years, taking advantage of the requirement to allocate new revenues to education to reverse payment deferrals and pay down funding gaps dating to 2009. But it’s clear that the sense of urgency in Sacramento is shifting away from ensuring the state’s fiscal solvency toward addressing some of California’s pressing needs in other policy areas. With high rates of poverty and a chronic shortage of affordable housing, there is an understandable demand from some in the legislature and other policy advocates for increased spending on various social services.

When we look at the state’s credit profile overall we still see some meaningful long-term challenges. From a credit perspective, Governor Jerry Brown’s first few budget proposals appropriately focused on stabilizing the patient, so to speak. California had deep cash and budgetary deficits that amounted to financial crisis. As time has passed, the governor’s priorities have gradually evolved, from focusing on the immediate fiscal crisis to the longer-term issues facing the state. He has pushed for and achieved certain pension reforms and the rainy day fund measure—which voters approved last November. He also called a special session of the legislature to try to identify a source of funding for the backlog of deferred maintenance on the state’s transportation infrastructure. The administration has also been working with the labor unions to try to get agreement on prefunding the state’s retiree health care liability.

Some of those longer term liabilities and other challenges—along with the state’s underlying propensity for revenue volatility—still weigh on California’s credit rating. There is a zero-sum element to the upcoming budget negotiations. To the extent the state makes new spending commitments on the social service front, they would crowd out some of its fiscal capacity to address the longer term impediments to a higher rating. This dilemma is in a way the optimistic scenario. It’s in the context of an ongoing economic expansion—now in its seventh year. The choices would become much more difficult if the economy—or stock market—were to go into a slide.

While the LAO report paints a relatively sanguine picture of the state’s fiscal condition, the budget process is not likely to be any easier and may be even more complicated now. In a few years we might look back at this period as having been pivotal. The tradeoffs that lawmakers face are difficult. They can place a newfound dollar in the state’s OPEB trust for retiree health care or they can spend it on expanded social services. In other words, does the state follow through on its multiple-year fiscal recovery project or does it turn its attention to addressing other policy priorities? While we recognize that it’s far from the only consideration, the resilience of California’s credit rating under certain potential stress scenarios could hang in the balance.

We have determined, based solely on the developments described herein, that no rating actions are currently warranted. Only a rating committee may determine a rating action and, as these developments were not viewed as material to the ratings, neither they nor this report were reviewed by a rating committee. Standard & Poor’s Ratings Services, part of McGraw Hill Financial (NYSE: MHFI), is the world’s leading provider of independent credit risk research and benchmarks. We publish more than a million credit ratings on debt issued by sovereign, municipal, corporate and financial sector entities. With over 1,400 credit analysts in 26 countries, and more than 150 years’ experience of assessing credit risk, we offer a unique combination of global coverage and local insight. Our research and opinions about relative credit risk provide market participants with information and independent benchmarks that help to support the growth of transparent, liquid debt markets worldwide.

Primary Credit Analyst: Gabriel J Petek, CFA, San Francisco (1) 415-371-5042;
gabriel.petek@standardandpoors.com

Secondary Contact: David G Hitchcock, New York (1) 212-438-2022;
david.hitchcock@standardandpoors.com




LBJ Express a P3 Benchmark.

Cintra’s LBJ Express managed lanes toll road was opened to traffic in north Dallas three months ahead of schedule on Sept. 10, marking another major P3 milestone in Texas for developer-operator Cintra and its sister company, Ferrovial Agroman.

According to Russell Zapalac, Chief Planning & Project Officer for the Texas Department of Transportation (TxDOT), neither TxDOT nor Ferrovial requested any change orders to the $2 billion design-build contract signed in 2011 to rebuild 16 miles of I-635 and I-35E north of Dallas. Among other things, 10 miles of cantilevered structures were built under traffic that peaked in the corridor at about 270,000 vehicles per day.

Likewise, Cintra opened 13.5 miles of its North Tarrant Express managed lanes project in Dallas on Oct. 4, 2014, almost nine months ahead of schedule and with contractor change orders of only $5 million, according to Zapalac. Ferrovial started construction in May 2014 on a second segment of the North Tarrant Express on I-35W north of Fort Worth.

The on-time completion of LBJ is significant in many ways. It is one of the most technically complex transportation projects ever attempted in the U.S. under a fixed-price contract. The dynamically priced managed lanes will double the capacity of the corridor, and operate in direct competition with eight general-purpose lanes, which are being rebuilt next to and, in some sections, above the managed lanes.

LBJ Express is the largest greenfield toll road project financing P3 ever closed in the United States. Cintra assembled $2.2 billion in nonrecourse debt and investor equity for a financial close in July 2010. Including a TIFIA loan, those private funds were supported by $490 million in public grants committed by TxDOT.

LBJ’s timely completion vindicates a big bet made by TxDOT and Ferrovial in 2009 that a large segment of the project could be built in a narrow section of the existing right of way without putting it in an expensive tunnel.

TxDOT conceived of LBJ as a tunneling project. In discussions with TxDOT, Ferrovial proposed instead to put the managed lanes in a trench and cantilever the general purpose lanes above them. Many U.S. contractors believed that Ferrovial had made a $1-billion mistake — the difference between Dragados’s tunnel price and Ferrovial’s price to stay above ground and work around the relentless traffic there. Its on-time completion suggests Ferrovial was up to the traffic management challenge.

The DBFOM contract price of $2.485 billion includes 47 years of O&M by Cintra, including dynamic toll operations and most back office functions. Billing will be done by the North Texas Tollway Authority, which operates most of the region’s toll roads along with TxDOT. Total cost of the project including ROW and other owner costs is $2.983 billion.

NCPPP

November 16, 2015

By William Reinhardt




Gundlach Joins Lasry Scooping Up Puerto Rico Debt as Prices Fall.

Even though Puerto Rico may be just weeks away from defaulting on some of its $70 billion of debt, a couple of the biggest names in the bond market are swooping in to buy its securities.

Jeffrey Gundlach of DoubleLine Capital LP and Avenue Capital Group’s Marc Lasry both said this week that they’re buying bonds from the commonwealth as prices take a new turn lower. Puerto Rico owes a combined $1.4 billion on those securities and others in the next six weeks, compared with just $209 million of payments since Sept. 1.

The purchases show how some distressed-debt investors are betting that prices have fallen too far and Governor Alejandro Garcia Padilla will have trouble following through on his pledge to prioritize public services and force losses on bondholders with constitutionally protected securities. Puerto Rico’s benchmark general obligations traded Wednesday near the lowest price since August, data compiled by Bloomberg show.

“Entering at this point, the risk-reward calculus may make sense because it’s pricing in as much of the downside risk possibility that there is,” said David Tawil, who manages $80 million as co-founder of hedge fund Maglan Capital LP in New York.

“Distressed buyers have to be buyers when things are super out of favor — that’s how they make real money,” said Tawil, who used to own Puerto Rico debt but doesn’t anymore. “A lot of time has passed, a lot of rhetoric has come and gone, and we’re at do-or-die time.”

Payment Schedule

Puerto Rico bond prices have plunged over the past two years as the commonwealth’s economy staggered under its debt load. They fell to new lows after Garcia Padilla said in June that he wants investors to take a loss and delay principal payments. About one month later, the island defaulted for the first time on appropriation bonds from its Public Finance Corp.

Investors are watching to see if Puerto Rico will pay $467 million due Dec. 1, its biggest obligation since August, and then $958 million owed on Jan. 1.

Those funds focused on the $3.7 trillion municipal market who purchased the bonds at full value for their high tax-free yields have fared the worst as bond prices plunged. Speculative-grade Puerto Rico bonds have lost another 11 percent this year, according to Barclays Plc data.

General Obligations

Puerto Rico’s benchmark 8 percent general obligations due in July 2035 traded Wednesday at an average 71.6 cents on the dollar, near the lowest price in three months, data compiled by Bloomberg show. Similarly, uninsured sales-tax and highway bonds that were the most-traded of the past month fell to the weakest since mid-September.

Those declines have lured hedge funds and distressed-debt buyers, who now own about one-third of the commonwealth’s securities, according to Mikhail Foux, head of municipal strategy at Barclays.

There’s “a substantial probability” that the island makes payments on general-obligation, general-obligation-guaranteed and sales-tax debt in the coming months, Foux wrote in a report Tuesday. Other issuers are at risk.

Lasry, the co-founder of hedge fund Avenue Capital, is buying more bonds because “it’s hard to get hurt now in Puerto Rico,” Reuters quoted him as saying at a conference it hosted Tuesday in New York.

Avenue Capital owned some Government Development Bank debt as of last month, people familiar with the holdings told Bloomberg News. Lasry didn’t say which Puerto Rico bonds his firm was buying, according to Reuters. He said he thinks he knows all the different options at the commonwealth’s disposal.

Todd Fogarty, a spokesman for Avenue Capital, said the company had no further comment.

Gundlach, DoubleLine’s chief investment officer, said in a conference call Tuesday that he was buying more Puerto Rico securities, though not large amounts and not for his core funds.

‘Smart Money’

He purchased $45 million of the commonwealth’s benchmark general-obligation debt for his $2 billion Income Solutions Fund in the first three months of 2015, according to data compiled by Bloomberg. He hasn’t reported adding any more since, though it remains the sixth-largest part of his fund by market value.

Loren Fleckenstein, an analyst at Los Angeles-based DoubleLine, didn’t respond to an e-mail or phone call seeking comment on the firm’s purchases.

Puerto Rico’s general obligations are where the “smart money” is going, said Mark Palmer, a managing director at BTIG LLC, a brokerage firm. Those bondholders can go on the offensive to divert money from highway and sales-tax debt, while investors in those securities have to defend their claims, he said.

“We think that ultimately the defenses the creditors have are going to be sufficiently strong,” Palmer, who analyzes the bond insurers backing some Puerto Rico securities, said in an interview at Bloomberg’s New York headquarters Wednesday.

“It’s becoming clear that it’s going to be extremely difficult, outside of U.S. government intervention, to bring upon its creditors any sort of restructuring that’s going to involve deep haircuts without their consent,” Palmer said. “And they’re not inclined to accept that.”

Bloomberg Business

by Brian Chappatta

November 18, 2015 — 9:00 PM PST Updated on November 19, 2015 — 5:57 AM PST




Bloomberg Brief Weekly Video - 11/19

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

November 19, 2015




Fitch: Revenue Bond Loss Would Slow California's Infrastructure.

Fitch Ratings-New York-19 November 2015: A proposed California ballot initiative could limit financing for the state’s major infrastructure projects, Fitch Ratings says. The measure to amend California’s constitution to require voter approval of revenue bonds for projects with total costs exceeding $2 billion will likely appear on the November 2016 ballot.

Fitch has often cited voter initiatives as a key factor limiting California’s budgetary flexibility. This legislation would also delay infrastructure policy and expose it to the political process.

If the measure becomes state law, it would constrain infrastructure financing and likely result in reduced investment over time, particularly for major water projects. Revenue bonds have played a limited role in the state’s infrastructure financing overall but have been essential for financing water projects. In the absence of revenue bonds, water projects have few other funding options.

Water projects have gained importance during California’s historic drought. In addition, the ongoing rise in the state’s population (approaching 40 million) and deferred maintenance has left an estimated $750 billion in funding needs over the next ten years. California’s 2015 Five-Year Infrastructure Plan (a portion of the state budget) proposed investing just $57 billion over that term.

The proposed ballot measure is an effort to halt the California Water Fix (formerly known as the Bay Delta Conservation Plan). The project is a controversial effort to construct twin tunnels through California’s Sacramento-San Joaquin Delta. Agricultural and residential ratepayers would finance a large share of the project’s estimated $25 billion cost if necessary regulatory approvals and political support can be obtained. The proposed initiative would present an additional hurdle of statewide voter approval and would extend this requirement to other large infrastructure projects supported by revenue bonds as well.

Contact:

Stephen Walsh
Director
US Public Finance
+1 415 732-7573
650 California Street
San Francisco, CA

Rob Rowan
Senior Director
Fitch Wire
+1 212 908-9159
33 Whitehall Street
New York, NY




Fitch: Texas School Districts Should Weather Tax Revenue Drop.

Fitch Ratings-New York-10 November 2015: A decline in Texas school district revenue streams of approximately $1.2 billion per biennium should not affect their bond ratings, Fitch Ratings says.

Texas voters last week approved an increase in the residential homestead exemption from $15,000 to $25,000 for public school purposes. The impact will likely be largest for suburban school districts that are primarily residential. The legislation includes a requirement that the state make whole any revenue shortfall and the fiscal 2016-2017 state budget includes this additional funding amount.

Most Texas school districts levy taxes at the maximum statutory amount for operations of either $1.04 or $1.17 per $100 of taxable assessed value (TAV), depending on prior voter approval of an additional $0.13. Districts typically have more flexibility on debt service, although a number of districts levy debt service tax rates at or near the statutory cap of $0.50 for new issuance approval. Nine districts rated by Fitch currently levy at the $0.50 cap. The debt service make whole provision applies only to debt issued (and first payment made) prior to Sept. 1, 2015, so any declines in taxable value from the increased exemption may affect the timing and size of new borrowings for those districts with tax rates at or near the statutory cap.

Generally strong economic conditions in Texas over the past several years have contributed to solid gains in TAV for local governments (the exceptions being those areas with large mineral value concentrations). These TAV gains, along with funds made available through the make whole provision, will cushion the blow from the homestead exemption increase. For the many districts with limited debt service tax rate flexibility, TAV gains will shorten or eliminate delays in borrowings that might have otherwise occurred.

Contact:

Steve Murray
Senior Director
U.S. Public Finance
+1 512 215-3729
111 Congress Ave
Austin, TC

Rob Rowan
Senior Director
Fitch Wire
+1 212 908-9159
33 Whitehall Street
New York, NY




Houston’s Conundrum: Closing Its Pension-Funding Gap.

Houston is weathering a prolonged plunge in oil prices, but the city may have an even bigger problem: its pensions.

Though economic growth has only slowed, not stalled, in Texas’ largest city, its finances are showing what several investors and analysts describe as warning signs.

Those include a rapidly growing gap in funding its retirement plans for public workers and a limit on its revenue-raising capabilities imposed by a voter-approved cap on property taxes.

The $3.2 billion pension-funding gap is threatening Houston’s Aa2 credit rating from Moody’s Investors Service, hurting demand for its debt and emerging as an issue in the city’s mayoral race.

Moody’s this summer warned it may downgrade the city’s debt if Houston fails to address its pensions, noting the cap limits the city’s financial flexibility.

A downgrade could lower prices for outstanding bonds and increase Houston’s borrowing costs at a time when it needs improved infrastructure.

Some investors are backing away from the city’s debt, saying there are better deals on similarly rated municipal bonds elsewhere. Guy Davidson, director of municipal investments at AllianceBernstein LP, said his firm trimmed its holdings of Houston’s debt earlier this year.

“We want to be compensated for those pension liabilities and at current levels, we don’t think we are,” he said.

Houston is the latest U.S. city to face threats from credit-rating firms and investors over bulging pension obligations. Investors have grown concerned about state and local governments’ ability to address unfunded retirement costs. Examples include Chicago and the states of Illinois and Connecticut, whose unfunded retirement costs have ballooned after investing losses from the 2008 financial crisis and chronic underpayments by policy makers.

Houston’s predicament also shows how the decline in oil prices is forcing some U.S. state and local governments to re-evaluate their spending priorities.

Houston residents are reluctant to support any tax increases, including raising the property-tax cap, said Mark Jones, a political-science professor at Houston’s Rice University.

At the same time, unsustainable pension costs have contributed to reductions in hiring of police officers and spending on pothole repairs, which have become issues in the mayoral race.

Houston’s unfunded pension liabilities grew at a faster clip relative to its revenue than in any of the other 50 largest U.S. local governments rated by Moody’s, the firm said in a July report, citing data from fiscal 2013.

The city also projects deficits in coming years despite revenue growth, Moody’s said in October.

Before 2001, Houston had enough assets to fund future retirement payouts. But an across-the-board boost to retirement benefits around that time, plus losses from two recessions, have weighed on the city’s pension funding. The city now only has about 75% of the funds it needs. That places Houston at the average level of funding among city and county plans, according to Wilshire Consulting.

While the city has paid contractually required amounts to plans for municipal employees and police officers over the past five years, the total falls short of fully funding the systems. A state law overseeing the firefighters’ plan has resulted in better funding while reducing the city’s financial flexibility, Moody’s said.

City officials have argued for greater control over pensions and revenue. Ronald Green, Houston’s controller, said that while investors in the city’s debt can remain confident they will get paid, the city should act soon to improve its finances.

“You don’t fix the roof when it’s raining, you fix it when it’s dry,” he said.

Absent a concerted effort to adjust course, the city is headed toward Chicago-level distress, forced to choose between benefit cuts, tax increases and reduced public services, according to a report by the Houston-based Laura and John Arnold Foundation, which funds research on the fiscal health of public pensions.

Houston’s pension parameters are set by state law, adding to the complexity of seeking a solution, while the drop in oil prices could magnify problems more quickly than expected, said Josh McGee, a vice president at the foundation.

Among other concerns, the city’s plans assume relatively high investment returns of 8% or above, meaning the funding gap may be understated, said Marc Watts, chairman of the Greater Houston Partnership’s Municipal Finance Task Force.

“The new mayor, unless this is addressed, isn’t going to have any resources to work with,” he ​said.

Some plan officials said retired city workers aren’t the problem. Max Patterson, executive director of the Texas Association of Public Employee Retirement Systems, called such warnings “grossly misleading” and said any discussion of pension changes should be considered in a broader conversation about city finances.

Todd Clark, chairman of the Houston Firefighters’ Relief and Retirement Fund, said the plan has met and exceeded its assumed returns historically and the board will make any needed adjustments in consultation with an actuary going forward.

The issue is playing into the mayoral runoff between State Rep. Sylvester Turner, a Democrat, and former Kemah Mayor Bill King, a fiscal conservative.

Mr. Turner, running with the support of the city’s three major public-sector unions, said the pension issues should be debated with all stakeholders in concert with the city’s other fiscal concerns.

After that, he would consider raising the property-tax cap for public safety or paying down debt.

“In order to be successful in addressing the pension issue, you have to engage in comprehensive financial reform,” he said.

Mr. King favors adjusting pensions by offering 401(k)-style defined-contribution plans for new hires. He supports maintaining the cap, saying the city raises plenty of tax money and needs to spend less.

“We’ve got time to turn the boat around and not go over the falls, but we don’t have a long time,” he said.

Houston’s situation highlights the need to address pensions and other fixed costs before they become an economic drag, said John Bonnell, senior portfolio manager of tax-exempt investments with San Antonio-based USAA Investments, which doesn’t own the city’s bonds.

“If they end up doing nothing to address this budget issue, 10 years from now Houston could be facing the same problem Chicago is now,” he said. “I think they have the ability to address their issues prudently, it just hasn’t gotten to the point where they’ve been forced to do it.”

THE WALL STREET JOURNAL

By AARON KURILOFF

Updated Nov. 15, 2015 9:48 p.m. ET

—Timothy W. Martin contributed to this article.

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com




Pension Blues in the Bluegrass State.

Kentucky now carries a dubious distinction: home to the worst-funded U.S. pension in at least 14 years.

On Thursday, Kentucky officials presented the dire financials of its large state-employee fund. It has just $2.4 billion in assets to cover $12.4 billion in future liabilities for the year ended June 30.

The Kentucky Employees Retirement System plan, covering the benefits of around 120,000 state workers, has a funding ratio—the basic measure of assets against liabilities—of just 19%.

That puts it in historically woeful shape versus other large state and local pension funds tracked by the Public Plans Database since 2001. A national database of pension-fund finances doesn’t exist for years prior to then.

“It’s very bad. I don’t think (Kentucky) has a peer in terms of this low level of funding,” said Jean-Pierre Aubry, an assistant director at the Center for Retirement Research at Boston College.

Kentucky’s 19% is one-tenth of a percentage point lower than the 2003 status of the West Virginia Teachers plan. Other grim years at public-pension plans, according to the Public Plans Database, are: Chicago Police’s 29.7% in 2013, the Illinois State Employees Retirement System’s 34% in 2014; and the Chicago Municipal Employees’ 37% in 2013.

A decade of Kentucky lawmakers short-changing on pension contributions, plus investing losses from the most recent financial crisis, have pummeled a state-employees plan that was close to fully funded in the early 2000s.

In the prior year, the Kentucky fund only had 23.9% of assets needed to cover future liabilities—making it the then-second lowest ever recorded by the Public Plans Database.

A spokeswoman for the Kentucky Retirement Systems, which oversees the state-employees plan, did not respond to a request for comment.

Pension experts say a funding ratio of 80% is an indicator of relative fiscal strength.

At 19%, the Kentucky state workers’ plan can’t easily make bets in private equity or real estate, because their finances are so tight they need assets that can be quickly converted into cash—in case those funds are needed to cut pension checks to retirees, Mr. Aubry said.

“You’re getting close to a pay-as-you-go status, where the money coming in needs to paid out immediately,” Mr. Aubry said.

The Public Plans Database is produced by the Center for Retirement Research and partners with the Center for State and Local Government Excellence and the National Association of State Retirement Administrators. It tracks 150 state and local plans.

THE WALL STREET JOURNAL

By TIMOTHY W. MARTIN

Nov 19, 2015 FUNDS




Chicago in Tough Battle to Overturn Ruling on Pension Reforms.

CHICAGO — Chicago tried to convince a sometimes skeptical Illinois Supreme Court on Tuesday that a 2014 law deserves to survive a constitutional challenge because it aims to save two of the city’s retirement funds from insolvency by guaranteeing adequate funding.

The city, which is struggling with a $20 billion unfunded pension liability in its four retirement systems, is appealing a Cook County Circuit Court judge’s July decision voiding the law.

In oral arguments on Tuesday, Chicago’s top city attorney, Stephen Patton, said while the law includes “modest reductions in future automatic increases” in retiree pensions, it differs from a 2013 law that unilaterally cut benefits for Illinois’ retirement systems and was struck down as unconstitutional by the state high court in May.

“This case is unique, it is different because the act here overwhelmingly benefits fund participants and avoids insolvency. It does not diminish or impair benefits under the plan language of the (Illinois Constitution’s) pension clause,” Patton told the court.

The supreme court in May tossed out the 2013 law that reduced retirement benefits for state workers to ease Illinois’ $105 billion unfunded pension liability. All seven justices agreed that the Illinois Constitution protected public sector workers against pension benefits cuts.

At Tuesday’s proceeding, some of the justices appeared to key off that ruling in questions posed to Patton and attorneys for Chicago’s municipal and laborers’ pension funds.

Justice Robert Thomas questioned how guaranteeing to fund existing promised pension benefits constituted an enhancement for workers. “How is that a plus?” he asked.

Patton contended that without the law, the legal responsibility to pay out pensions lies with the two funds alone and not with the city.

“What use is a benefit unless the money is there to pay it?” the attorney said, noting that under the law the city assumes an obligation it never had before to pay pensions.

John Shapiro, an attorney at Freeborn & Peters representing some of the unions and retirees who filed challenges to the 2014 law last December, told the justices that Chicago merely wishes to avoid paying for benefits promised to its workers, in violation of the pension protection clause.

“The city wants to use monies that would otherwise be contributed to these funds for other services,” he said.

Cook County Judge Rita Novak in July rejected the city’s argument that the law provided a net benefit by saving the municipal and laborers’ retirement systems from insolvency in the next decade.

She also rejected the city’s argument that the law should stand because it was backed by a majority of labor unions.

The law required Chicago and affected workers to increase their pension contributions and replaced an automatic 3 percent annual cost-of-living increase for retirees with one tied to inflation. The increase would be skipped in some years.

Chicago Mayor Rahm Emanuel’s fiscal 2016 budget incorporates the law, as well as pending legislation that would reduce city contributions to its two public safety worker funds. The budget was approved by the city council on Oct. 28.

By REUTERS

NOV. 17, 2015, 2:15 P.M. E.S.T.

(Editing by Peter Cooney and Matthew Lewis)




Fitch: Texas School Districts Should Weather Tax Revenue Drop.

Fitch Ratings-New York-10 November 2015: A decline in Texas school district revenue streams of approximately $1.2 billion per biennium should not affect their bond ratings, Fitch Ratings says.

Texas voters last week approved an increase in the residential homestead exemption from $15,000 to $25,000 for public school purposes. The impact will likely be largest for suburban school districts that are primarily residential. The legislation includes a requirement that the state make whole any revenue shortfall and the fiscal 2016-2017 state budget includes this additional funding amount.

Most Texas school districts levy taxes at the maximum statutory amount for operations of either $1.04 or $1.17 per $100 of taxable assessed value (TAV), depending on prior voter approval of an additional $0.13. Districts typically have more flexibility on debt service, although a number of districts levy debt service tax rates at or near the statutory cap of $0.50 for new issuance approval. Nine districts rated by Fitch currently levy at the $0.50 cap. The debt service make whole provision applies only to debt issued (and first payment made) prior to Sept. 1, 2015, so any declines in taxable value from the increased exemption may affect the timing and size of new borrowings for those districts with tax rates at or near the statutory cap.

Generally strong economic conditions in Texas over the past several years have contributed to solid gains in TAV for local governments (the exceptions being those areas with large mineral value concentrations). These TAV gains, along with funds made available through the make whole provision, will cushion the blow from the homestead exemption increase. For the many districts with limited debt service tax rate flexibility, TAV gains will shorten or eliminate delays in borrowings that might have otherwise occurred.




Canadian Pension Funds Buy Chicago's Toll Road for $2.8B.

Three of Canada’s largest pension plans have agreed to buy Chicago toll-road operator Skyway Concession Co. for $2.8 billion from a group led by Spain’s Ferrovial SA.

Canada Pension Plan Investment Board, Ontario Municipal Employees Retirement System, and Ontario Teachers’ Pension Plan said they will each own a third of Skyway under the terms of the deal, contributing $512 million each.

“Skyway represents a rare opportunity for us to invest in a mature and significant toll road of this size in the U.S.,” Cressida Hogg, Canada Pension’s head of infrastructure, said in a statement Friday. “This investment fits well with CPPIB’s strategy to invest in core infrastructure assets with long-term, stable cash flows in key global markets.”

The Canadian pension funds, which collectively have about C$499 billion ($374 billion) in assets under management, have been acquiring alternative assets, such as toll roads, ports, and other infrastructure, for the long-term, stable returns they offer.

Canada Pension, for example, is currently part of a group led by Qube Holdings Ltd. that is trying to acquire Australian rail and port operator Asciano Ltd.

Madrid-based Ferrovial is selling its 55 percent stake alongside its partners Macquarie Atlas Roads Group and Macquarie Infrastructure Partners, which own the remaining stake. The transaction is expected to close after it receives the necessary approvals from the City of Chicago, Ferrovial said in a statement. Ferrovial said the sale will return roughly $269 million to the company.

Skyway is a 7.8-mile (12.6-kilometer) toll road that forms a link between downtown Chicago and its south-eastern suburb. The Chicago Skyway Concession was awarded to Ferrovial and its partners for $1.83 billion in 2005. The concession was the first privatization of a highway in the U.S. and the sale process began in June, Ferrovial said.

Ferrovial, through its subsidiary Cintra, manages 1,300 miles of highway across 28 concession in Canada, the U.S., Europe, Australia and Colombia, including the 407 ETR concession, which it owns in partnership with Canada Pension and SNC-Lavalin Group.

BloombergBusiness

by Scott Deveau

November 13, 2015 — 10:09 AM PST Updated on November 13, 2015 — 10:43 AM PST




Philanthropies Rise as Source of Revenue for Pressed U.S. Cities.

Flint, Michigan, faces a $12 million cost to replace its lead-contaminated water system, and the Charles Stewart Mott Foundation will pay a third of the price.

“When we saw blood levels in children exceeded safety standards, we just said we have to come to the table,” said Ridgway White, president of the foundation, which has for decades supported educational and community development programs in this impoverished birthplace city of General Motors Co.

The aid from the 89-year-old Flint-based philanthropy last month demonstrates the changing role of nonprofit foundations. Where once they might have spent on a symphony hall or museum, they now pick up the tab for health, safety and infrastructure in U.S. cities that have seen their tax bases erode and state assistance dwindle.

As part of Detroit’s exit from bankruptcy a year ago, foundations pledged to contribute about $360 million over 20 years to shore up public-employee pensions. A growing number of cities are relying on private money for the purchase of police surveillance cameras and other equipment. Madison, Alabama, for instance, received $320,000 from the Huntsville-based Alpha Foundation Inc. for eight patrol cars.

“It’s the new way of doing business,” said Mayor Zachary Vruwink of Wisconsin Rapids, where the Incourage Community Foundation bought an abandoned downtown newspaper building with plans to open a microbrewery, a cafe and other shops.

“Government-funded programs will go only so far, and philanthropic support is required,” said Vruwink, whose city of 18,000 in central Wisconsin still deals with the impact of three paper-mill closings in the past decade.

Basic Functions

While there’s nothing new about charitable giving to public institutions, such as Facebook founder Mark Zuckerberg’s $100 million gift in 2010 to public schools in Newark, New Jersey, more recent grants have moved nonprofit foundations into spending that, in more prosperous times, would have been handled by taxpayers.

“Government gridlock has left many communities looking for solutions to some of the big challenges they face,” said Vikki Spruill, president and chief executive officer of the Council on Foundations, in Arlington, Virginia. “The limitations of political leaders to address the pressing needs of communities have increased pressure on foundations to assume roles that government has historically taken.”

Municipalities have shown modest improvement in their fiscal conditions, according to a September report from the National League of Cities. Still, the gains have “not been substantial enough to restore revenue declines” from the 18-month recession that began in 2007.

Eight years hence, cities are operating at about 90 percent of 2006 revenue levels, the report said. Since 2010, 30 states have reduced aid to local governments at least once, according to the National Association of State Budget Officers.

The risk for cities receiving foundation assistance is that they become reliant on the kindness of strangers rather than the taxpayers they serve. Rob Collier, president and chief executive officer of the Council of Michigan Foundations, said there is “a huge problem of sustainability” because municipalities can’t assume support will continue.

“Philanthropy cannot replace government,” Collier said.

In important ways, it has. In Flint, the Mott Foundation has also provided dollars to hire police officers.
“We’re starting to see more foundations step up and provide government services,” said Jim Ananich, a Democratic state senator who represents his hometown of Flint. “It’s a trend that’s going, in my opinion, in the wrong direction. It’s supplanting large amounts of what government used to do.”

Poverty Town

Flint, an industrial ruin about 68 miles (109 kilometers) northwest of Detroit, has lost almost half its population since 1960. It was “Buick City,” once the home base of GM’s Buick and Chevrolet divisions. Now, 42 percent of its 99,000 residents live in poverty. The city has twice been under the direction of a state-appointed emergency manager because of chronic financial distress.

The Mott foundation is a descendant of Flint’s glory days. Charles Stewart Mott, an original founding partner of GM, created the organization in 1926. In recently picking up one-third of the water-system improvement cost — Michigan is paying half, or $6 million — the foundation is changing out of necessity, said White, its president.

“Some of the traditional role that philanthropy is trying to play has been to stay out of government,” White said. “But when you look at some hard-hit communities, it’s a challenge to stay out of it.”

After samples taken in September from the Flint River showed lead exceeded federal safety standards in the city’s main source of drinking water, officials decided to switch to the Detroit water system. That water comes from Lake Huron and is treated by the Detroit Water and Sewerage Department.

The philanthropic contributions in Flint and Detroit may raise the expectations of other municipalities in financial trouble.

“You will see more pressure from cities to do that sort of thing, especially with foundations in their backyard,” said Bill Schambra, a senior fellow at the Hudson Institute, a Washington-based research organization.

Seeking help is one thing; getting it another.

“America’s foundations and charities can complement the work of government, not replace it,” said Spruill.

BloombergBusiness

by Tim Jones

November 13, 2015 — 2:00 AM PST




Puerto Rico Electric Extends Bondholder Restructuring Pact.

Puerto Rico’s main electricity provider extended an agreement with some bondholders to Nov. 20, giving the utility more time to negotiate with insurers that guarantee a portion of its debt against default.

The Puerto Rico Electric Power Authority, known as Prepa, is trying to restructure $8.2 billion of debt to reduce its costs and free up cash for plant upgrades. Investors holding about 35 percent of its debt on Nov. 5 agreed to take losses of as much as 15 percent by exchanging their bonds for new securities.

The deal was set to lapse Thursday if Prepa couldn’t win the support from companies that insure about $2.5 billion of the utility’s debt. The new deadline is Nov. 20, Prepa said in a statement.

“Prepa will use the extension to continue discussions with its monoline bond insurers, while the legislative process to approve the Prepa Revitalization Act continues,” according to the utility.

The restructuring would be the largest ever in the $3.7 trillion municipal-bond market and mark a first step by Puerto Rico to reduce a $70 billion debt load that Governor Alejandro Garcia Padilla says the island can’t afford to pay.

Debt Exchange

If MBIA Inc., Assured Guaranty Ltd. and Syncora Guarantee Inc. don’t sign on to the Nov. 5 agreement, the negotiations between Prepa, its fuel-line lenders and bondholders may ultimately be resolved through the courts, according to a notice posted on the Municipal Securities Rulemaking Board’s website.

Prepa bonds maturing July 2040, the utility’s most-actively traded uninsured security by volume in the past three months, changed hands Thursday at an average 58.6 cents on the dollar, for an average yield of 9.7 percent, according to data compiled by Bloomberg. The bonds traded at an average 50 cents at the start of the year.

The debt exchange would need to be approved by Puerto Rico lawmakers, who have until Nov. 17, the end of the current legislative session, to vote on Prepa’s Revitalization Act, which would change Prepa’s operations and allow it to restructure debt. Garcia Padilla could call a special session of the legislature to give lawmakers more time to work on the Prepa bill.

The new bonds must receive an investment-grade rating, and the exchange will be voided if more than $700 million of the utility’s uninsured bonds aren’t sold back, according to the terms of the agreement. The three largest rating companies grade Prepa at junk-bond levels.

BloombergBusiness

by Michelle Kaske and Laura J Keller

November 12, 2015 — 12:57 PM PST Updated on November 13, 2015 — 6:09 AM PST




Bloomberg Brief Weekly Video - 11/12

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

11:02 AM PST
November 12, 2015




Puerto Rico Is Running Out of Options.

Puerto Rico doesn’t look as if it’s on the verge of economic disaster. Tourists are still flocking to its beach resorts. Malls, anchored by department stores like Macy’s and JCPenney, are full of shoppers. At rush hour, roads are clogged with late-model luxury SUVs. But after years of borrowing to prop up the island’s stagnant economy, the government faces $720 million in debt payments in the next two months, and it may run out of cash as early as December.

Government officials say meeting those obligations may leave them short of the cash they need to cover payroll, retirement benefits, and Christmas bonuses. Governor Alejandro García Padilla has said he’ll consider cutting hours for public workers to keep essential functions running. García Padilla has already closed some schools, delayed tax rebates, and suspended payments to government suppliers.

The Obama administration has offered a way out. On Oct. 21 the Treasury Department put forward an assistance package that would sustain the island’s medical system by increasing reimbursement rates for Medicaid, the public-health program for the poor. It serves 46 percent of Puerto Ricans and is paid at rates 70 percent lower than in any U.S. state, according to the Puerto Rico Healthcare Crisis Coalition, a group of doctors, hospitals, and insurers. It would also offer some bankruptcy protections to help the government restructure more than $70 billion in debt—more than any state’s except New York and California. In return, Congress would gain more say over the island’s finances. “The situation in Puerto Rico is urgent,” says Brandi Hoffine, a White House spokeswoman.

So far, Congress, which would have to approve the changes, hasn’t responded. A bill that New York Democratic Senator Chuck Schumer introduced in August to equalize Medicaid and Medicare rates has stalled. So has a bill by Connecticut Democratic Senator Richard Blumenthal that would allow Puerto Rico’s municipalities to file for bankruptcy protection. A bill introduced on Oct. 8 in the House by Puerto Rico’s nonvoting member, Democratic Representative Pedro Pierluisi, would guarantee some of the island’s debt, but it hasn’t attracted any co-sponsors. “We are fast approaching a catastrophe,” says Melba Acosta, president of the Government Development Bank, which oversees the island’s finances and debt. “We cannot wait any longer.”

Republicans say they won’t approve assistance to Puerto Rico unless its government provides audited financial statements giving a complete picture of its finances. Puerto Rico, a self-governing U.S. territory, missed a self-imposed Oct. 31 deadline for submitting statements from fiscal year 2014 and hasn’t yet prepared documents for the 2015 fiscal year, which ended June 30. Congress “is waiting for some good-faith effort from Puerto Ricans,” says Iowa Republican Chuck Grassley, chairman of the Senate Judiciary Committee.

Alaska Republican Senator Lisa Murkowski, whose Energy and Natural Resources Committee oversees U.S. territories, says she’s still reviewing the administration’s proposals. “The one thing we all agreed on is that Puerto Rico is in a world of hurt right now,” she says. Utah Republican Orrin Hatch, who as chairman of the Senate Finance Committee held a hearing on the island’s travails in September, says he’s receptive to the administration’s proposal to establish a control board to oversee the island’s finances. “We’re not moving very fast on that,” he says. “I’m not sure what we should do there.”

Democrats say hedge funds, which hold as much as a third of Puerto Rico’s debt, have discouraged action that would make it harder for them to get paid. “It has become increasingly clear that hedge funds, which have purchased a sizable part of Puerto Rico’s debt, are exacerbating the crisis,” says Representative Nydia Velázquez, a New York Democrat who introduced a bill on Nov. 4 that would increase disclosure requirements for hedge funds’ debt holdings.

Investors and hedge funds holding bonds from the Puerto Rico Electric Power Authority, or Prepa, agreed on Nov. 5 to a restructuring plan that would require them to take losses of up to 15 percent. “Blanket statements criticizing the role of bondholders aren’t just factually inaccurate, they are a clear example of damaging political rhetoric,” says Stephen Spencer, a managing director at Houlihan Lokey who is advising Prepa bondholders.

Puerto Rico’s economy has shrunk about 15 percent since 2006, when Congress ended tax breaks for manufacturers there. The unemployment rate stands at 11.4 percent, more than twice the national average. Forty-five percent of families live below the poverty line. Last year the island lost an average of 1,200 people each week to the mainland, the most since the U.S. Census Bureau began tracking departures a decade ago. “We’re on the verge of becoming a ghetto of old poor people,” says Elías Gutiérrez, an economics professor at the University of Puerto Rico.

Marielys Feliciano, a single mother of four who works in construction, sees no reason to stay. This summer, her neighborhood school outside the well-off city of Manatí was closed to cut costs. Now she has to wake up at 4 a.m. to get her children to another school and pays for a baby sitter to pick them up. When she called to ask about government assistance, she was told she’d be better off moving to the U.S. “I see the future here, and the doors are closing,” she says, folding her hands together. “I can’t limit my kids to a place where there’s no future.”

The bottom line: Puerto Rico’s government says it could run out of cash to pay its debts in December, and Congress has yet to offer assistance.

Bloomberg Businessweek

by Ezra Fieser, Michelle Kaske, Kasia Klimasinska, and Jim Rowley

—With Angela Greiling Keane

November 12, 2015 — 2:00 AM PST




Airbnb to Work With Cities Amid Efforts to Regulate Home Sharing.

Airbnb Inc. pledged to join with local governments and improve transparency as it faces scrutiny from hotels and policy makers who argue the home-sharing startup is driving up rental prices and failing to pay taxes like the hotel industry.

The company on Wednesday released the “Airbnb Community Compact,” a statement outlining its plan to cooperate with cities, and defending the positive economic impacts of its business.

“We will partner with individual cities to address their policy needs, and work with cities to help ensure the efficient collection of tourist and hotel taxes,” the company said in its statement. “We will also release regular economic activity reports in key markets.”

Airbnb said its short-stay home rental service has contributed $5.82 billion in economic benefits in five of its most-active cities: $1.96 billion in New York, $1.95 billion in London, $890 million in Los Angeles, $510 million in Berlin and $510 million in San Francisco. The company said those calculations include money that hosts make on Airbnb and its estimates for guest daytime spending during their visits.

Hosts’ Benefits

The San Francisco-based business, founded in 2008 and now operating in more than 34,000 cities globally, said it is “expanding the economic pie” for ordinary Americans by allowing the average host to generate the equivalent of a 14 percent annual raise.

The startup said it will release economic data to demonstrate the value of its home-sharing model. The annual reports will include information such as the company’s total economic activity, the average income earned by hosts and the geographic distribution of listings.

Airbnb defeated a San Francisco ballot measure last week to limit its service as a surge in highly paid technology workers has driven up housing prices and sparked protests over income inequality and evictions.

The legislation would have imposed a 75-day-per-year limit on Airbnb rentals and forced hosts to register with the city. The company spent $8.4 million to defeat the measure and hired Chris Lehane, a former White House crisis manager, to spearhead efforts to block regulations that could impede its business.

The startup has mostly gotten along with municipal officials. Airbnb has struck deals with Paris, Chicago, San Francisco and others to collect taxes on behalf of the hosts using its platform. In the community compact, the company said it will share more data with cities, prevent some hosts from renting out multiple units and make sure taxes are paid.

BloombergBusiness

by Lily Katz and Eric Newcomer

November 11, 2015 — 8:53 AM PST Updated on November 11, 2015 — 11:18 AM PST




How Much Will San Diego, St. Louis, Oakland Pay to Keep NFL?

In the 21 years Los Angeles has been without an NFL franchise, plenty of cities have gone into debt to keep their teams from relocating to the second-biggest American media market. Today, delegations from St. Louis, San Diego, and Oakland will make their case to the NFL that they should be allowed to do the same.

This is as close as Los Angeles has come to getting a team back, as the owners of three teams have stated their intentions to move. The Chargers and the Raiders have proposed a $1.7 billion stadium in the Los Angeles suburb of Carson, which they would share, and Wednesday announced that Robert Iger, CEO of Walt Disney Co., would lead the joint venture. Rams owner Stan Kroenke, who is worth $5.6 billion, in January put forward plans to build an 80,000-seat stadium on land he owns in Inglewood, California.

Whether Los Angeles gets one or two new teams, or none at all, is up to the rest of the NFL owners, who could vote on relocation as soon as January. In general, the NFL prefers teams to stay put, as long as the host cities can craft a generous-enough plan for a new stadium.

Missouri: $388 Million

At Missouri Governor Jay Nixon’s request, a statewide task force created a plan for a $1 billion stadium and the redevelopment of 88 acres of blighted property along the Mississippi River. To finance the project, Missouri would issue $135 million in state bonds, St. Louis would issue $66 million in city bonds, and the Rams would get $187 million in tax credits and other incentives, according to state documents.

With $388 million in public funding, the Missouri plan is the most generous of all the cities trying to keep a team, but a group of state legislators is demanding that Nixon take his proposal to the voters, or to the legislature, or else.

“We’re not going to pay on those bonds,” said state Senator Rob Schaaf, Republican from St. Joseph, in a phone interview. “They’re going to have to find buyers who are just so gullible to believe we won’t play the game of chicken with them.”

San Diego: $350 Million

The city and county of San Diego have offered $350 million toward a new $1.1 billion stadium near Qualcomm Stadium, where the Chargers have played since 1967. Both would finance their contributions — $200 million from the city, $150 million from the county — with municipal bonds. Standard & Poor’s rates San Diego AA, its third-highest rank. The city still owes $52 million for the team’s current home.

“Our best chance to keep the Chargers from moving to L.A. is to show San Diego’s proposal is real and ready to move forward in 2016,” San Diego Mayor Kevin Faulconer said in an e-mail. “We have a fair and common-sense plan and can break ground on a new stadium as soon as 2017 – if the Chargers work with us in good faith.”

Chargers spokesman Mark Fabiani has said the team will file paperwork with the NFL to relocate to Los Angeles. The Chargers broke off negotiations with San Diego in June after contending that the city had run out of time to conduct a legal environmental review for a new stadium.

Oakland: $0

In Oakland, Mayor Libby Schaaf isn’t proposing public subsidies to build a replacement for the Raiders’ O.co Stadium. Taxpayers in the Oakland area still owe $99 million on the coliseum the Raiders share with the Major Baseball League’s Athletics. Through a spokeswoman, Schaaf (no relation to the Missouri state senator) said the city would pay for infrastructure improvements that would serve a new stadium, but she plans to make a case to team owners that Oakland is still the best place for the team.

“Everything from Oakland’s growing economic momentum and urban vitality to the team’s die-hard regional fan base make it clear that there is no better time for a major league team to be located in, or associated with Oakland,” Schaaf said in a Nov. 3 statement.

And the winner is …

The NFL owners will convene in December to get updates from the various committees focused on L.A. None of the proposals are obvious winners. Sports economist Victor Matheson of College of the Holy Cross said teams outside of major media markets generally want subsidies of up to $500 million, a threshold all the cities in question fail to meet by more than $100 million.

“No one is really wild about coming up with $400 million to $500 million to keep a stadium,” said Matheson. “That’s proving to be very difficult.”

If Los Angeles does finally get a team, NFL owners may lose their strongest leverage.

“Having Los Angeles in play has brought the NFL hundreds of millions of dollars in stadium subsidies,” said Matheson. “If they finally get a team, they will no longer have that bargaining chip.”

BloombergBusiness

by Darrell Preston, Tim Jones and James Nash

November 11, 2015 — 6:30 AM EST Updated on November 11, 2015 — 11:34 AM EST




Puerto Rico Electric Needs Insurers on Board by Thursday

The Puerto Rico Electric Power Authority needs to get insurance companies that guarantee a portion of the utility’s debt against default to endorse a conditional restructuring agreement by Thursday to avoid the risk of the deal with bondholders falling apart.

If MBIA Inc., Assured Guaranty Ltd. and Syncora Guarantee Inc. don’t sign on to the debt exchange finalized with some investors last week, then the utility known as Prepa, its fuel-line lenders and the bondholder group will work to implement a recovery plan “through a mechanism to be agreed among the parties that may include, without limitation, a judicial process, including an enforcement proceeding under applicable law,” according to the Nov. 5 agreement posted on the Municipal Securities Rulemaking Board’s website.

“It produces some pressure on Prepa to hurry up,” said Philip Fischer, head of municipal research for Bank of America Merrill Lynch in New York. “The insurers would have a disproportionate amount of insurance liability and they’re trying to negotiate their way around that.”

The insurers run the risk being liable for the repayment of about $2.5 billion of bonds if Prepa fails to make payments and the restructuring is viewed as a default. Under the agreement, about 35 percent of the utility’s bondholders agreed to absorb losses of as much as 15 percent and delay repayment to give the struggling utility more breathing room to restructure its finances as well as time to improve operations.

The agency is hampered by its inability to reorganize in bankruptcy court as utilities in the mainland U.S. can.

Possible Extension

A restructuring of Puerto Rico’s main electricity provider would be the largest ever in the $3.7 trillion municipal-bond market. The utility has $8.2 billion of debt. It would be the first commonwealth entity to reduce its obligations. Puerto Rico and its agencies racked up $70 billion in part by borrowing to balance budgets. Governor Alejandro Garcia Padilla is seeking to cut that debt load and revive an economy that’s struggled to grow since 2006.

An extension beyond Thursday wouldn’t be a surprise, Fischer said. Bondholders and fuel-line lenders extended a forbearance accord 13 times since August 2014 until reaching the Nov. 5 pact. That contract kept discussions out of court. Bond insurers also participated in those extensions through September.

“All of these agreements have been extended repeatedly,” Fischer said. “The idea that this one might also be extended is realistic.”

Insurer Talks

A bondholder or fuel lender can withdraw from the agreement if insurers fail on Thursday to reach an accord with Prepa. The bondholder pact will automatically terminate if there’s no monoline plan and also no strategy for how to implement a recovery plan without the insurers, according to the restructuring support agreement.

“While no agreement has yet been reached, negotiations are productive and ongoing,” Lisa Donahue, Prepa’s chief restructuring officer, said Tuesday before a Senate hearing in San Juan about talks with the bond insurers. “Any agreement that is ultimately reached with the monolines is contemplated to become part of the existing RSA.”

Greg Diamond, a spokesman for MBIA and Michael Corbally, a spokesman for Syncora, declined to comment. Ashweeta Durani, spokeswoman for Assured, declined to comment.

Possible Liability

A compromise with bond insurers is taking longer to reach than with the bondholder group because many of those investors purchased Prepa’s securities at distressed levels and are willing to accept less than 100 cents on the dollar, Fisher said. Monolines would be required to make up to investors whatever principal or interest the utility fails to pay on time and in full. The bondholder plan includes delaying certain payments for five years.

MBIA insures almost $770 million of Prepa debt-service payments in the next five years, Edwin Groshans, an analyst at Height Securities, a Washington-based broker dealer, wrote in a Nov. 9 report. Assured guarantees payment on $262 million of Prepa principal and interest due in the next five years.

Bondholder Group

Prepa faces a $196 million interest payment due Jan. 1. The proposed debt exchange involves bondholders of uninsured debt swapping their existing securities for new securitization bonds that pay, for the first five years, only interest at a rate of 4 percent to 4.75 percent. Or investors can exchange for other securities, called capital-appreciation bonds, that will accrue interest for the first five years. The bondholder group will negotiate with Prepa to backstop a cash tender for bonds held by non-forbearing investors.

Members of the bondholder group include Angelo, Gordon & Co., BlueMountain Capital Management LLC, D.E. Shaw & Co., Knighthead Capital Management LLC, Marathon Asset Management LP, Franklin Advisers Inc., Goldman Sachs Group Inc. and OppenheimerFunds Inc., according to the restructuring support agreement. The group held about $3 billion of uninsured Prepa bonds, as of Nov. 3, according to forbearance documents.

Along with legislative approval, the new bonds must receive an investment-grade rating and the exchange cannot leave more than $700 million of the agency’s current uninsured debt remaining. The utility’s debt is rated at junk-bond levels.

Prepa “would like help from the insurers to essentially allow the restructuring bonds to be investment grade,” Fischer said. “That appears to be a very sticky thing for them to get resolved. What is clear to us is they simply need to move forward.”

Prepa bonds maturing July 2040, the utility’s most-actively traded uninsured security in the past three months by volume, changed hands Monday at an average 60.5 cents on the dollar, to yield of about 9.4 percent, according to data compiled by Bloomberg. The debt traded at about 50 cents at the start of 2015.

BloombergBusiness

by Michelle Kaske

November 10, 2015 — 9:17 AM PST Updated on November 10, 2015 — 10:15 AM PST




David Beckham Seeks Assist From Miami Schools for MLS Soccer Stadium.

Trying to close a stadium deal with local governments, David Beckham this week greeted the man who would be his landlord: Miami-Dade School Superintendent Alberto Carvalho.

The Wednesday meeting was at Miami Beach’s SoHo Beach House, the luxe hotel and private club that is Beckham’s regular base of operations during visits to the Miami area.

“We spent a lot of time talking about kids,” Carvalho said Thursday night. “I came away feeling very comfortable about the decency of this guy.”

The unannounced meeting was one stop on Beckham’s Miami swing, which included filming part of a soccer documentary for UNICEF and a nighttime visit with the University of Miami women’s soccer team. Beckham, a global fashion icon, was photographed wearing an orange T-Shirt emblazoned with “The U” in photos posted on Twitter from the encounter.

Beckham’s appearances come as his two-year stadium quest has never been closer to a final deal, but also as his negotiators warn it could still fall apart over real estate prices.

The plan is for his investment group to pay for a $200 million stadium to rise next to Marlins Park on a mix of privately-owned land and parcels currently owned by the city of Miami. Beckham’s group has agreed to pay Miami for the real estate, while negotiating separate deals with the private owners.

The stadium and site would be transferred to the school system in order to shield it from property taxes, and in exchange Beckham’s group would provide free space for large school events and some form of sports-related education for visiting classes and students. The Beckham group would also sponsor some school activities, including buying band uniforms and supplies.

Carvalho said Beckham’s people contacted him early in the week about a meeting.

The sit down marks something of a do-over for the Beckham group, which failed to invite school officials to a VIP reception with the soccer star in early 2014. The who’s-who event launched Beckham’s extended pursuit of a stadium site, and the stream of party pics of politicians and business leaders posing with the soccer celebrity came to represent the limits of star power to overcome political complications and commercial interests in Miami.

Carvalho said no photos were taken at his afternoon meeting with Beckham. “When I met Mr. Beckham, I was clear in telling him that I’ve seen how he comes to town, and everybody wants a Beckham kiss and a hug and a Beckham selfie. I said I’ll take a Beckham handshake. He laughed.”

A Beckham representative confirmed the meeting, but declined to provide other details. Carvalho said the 45-minute conversation mostly involved the two outlining their visions for the stadium: Carvalho on what it could do for the local school system, and Beckham on why he wants to bring Major League Soccer to Miami.

“He told me this is the one place in the world where he wants to have his name associated with a soccer team,” Carvalho said.

Carvalho had initially sought a magnet school within the stadium itself, but that provision has been publicly rejected by Beckham’s local negotiators. Carvalho said the alternative is a large amount of “educational” space within the stadium. Carvalho said the total benefits to schools would top $1 million, roughly equal to what the stadium would pay to the school board if subject to property taxes. Beckham’s group also agreed to continue paying the same amount of property taxes the current land owners pay to local governments.

Insiders say the bulk of the deal with Carvalho is done, and that approval by the elected school board is considered a certainty. But people involved in the talks say there is significant concern that negotiations with the site’s private land owners could fail as the would-be sellers demand higher prices than the Beckham group is willing to pay.

After resisting a stadium next to Marlins Park since early 2014, Beckham partner Marcelo Claure and Miami Mayor Tomás Regalado summoned reporters to City Hall in July to announce the site next to the baseball park had become the top choice for soccer.

That’s left Beckham’s real estate team to negotiate sales prices for land targeted for a stadium deal that’s attracting global attention.

Even if the landowners come to terms with Beckham, another hurdle remains: a referendum in the city of Miami. It would be held March 15, the same day as the presidential primary.

BY TRIBUNE NEWS SERVICE | NOVEMBER 13, 2015

By Douglas Hanks

(c)2015 Miami Herald




Florida Faces Second Suit Over Conservation Spending.

BRADENTON, Fla. — A second Florida environmental group is suing to block spending decisions by the Legislature related to a 2014 constitutional amendment earmarking funds for conservation purposes.

The Gainesville-based Florida Defenders of the Environment filed a lawsuit Nov. 9 in Leon County Circuit Court seeking an injunction to prevent state agencies from spending what the group considers misappropriated funds.

At issue is the fiscal 2016 state budget, and how the Legislature allocated the revenues authorized by Amendment 1, a ballot measure passed by 75% of those voting last year.

The amendment directs 33% of taxes collected on real estate sales to the Land Acquisition Trust Fund to acquire and improve conservation and recreation lands. The revenues can be used as cash for related expenditures, or to pay debt service on bonds.

The Florida Defenders’ suit argues that the Legislature improperly allocated $237 million from the $740 million in the Trust Fund to offset expenses normally be supported by the general fund, such as salaries, benefits, vehicles, insurance and certain capital projects.

Thomas Hawkins, executive director of the organization, said that his group fundamentally supports the protective environmental measures that Amendment 1 was designed to achieve.

“Environmental conservation in Florida is strongly supported by the voters,” Hawkins said in an interview. “We want the will of the voters implemented.”

The suit names as defendants the heads of the Florida Department of Environmental Protection, Department of State, Department of Agriculture and Consumer Services, and the Florida Fish and Wildlife Conservation Commission.

A day after Gov. Rick Scott signed a record $78.4 billion fiscal 2016 state budget into law on June 23, Earthjustice filed a lawsuit charging that lawmakers “defied” voters and the constitution by wrongfully diverting the $237 million.

The suit was filed on behalf of the Florida Wildlife Federation, St. Johns Riverkeeper, Environmental Confederation of Southwest Florida, the Sierra Club, and Manley Fuller, who is president of the Florida Wildlife Federation.

The Earthjustice suit, which names the Legislature and Chief Financial Officer Jeff Atwater as defendants, also seeks an injunction ordering Atwater “to remedy the Legislature’s misappropriations” by transferring the misspent revenues from agency budgets to the Land Acquisition Trust Fund.

Attorneys for the Legislature and Atwater have filed motions to dismiss the Earthjustice suit. A hearing is scheduled Dec. 3 in Tallahassee.

Florida Defenders takes a different legal tack than Earthjustice by arguing that certain state agencies should be forbidden to spend what the group believes are misappropriated funds, Hawkins said.

While the group believes that the Legislature violated the state’s constitution, it also accuses lawmakers of improperly using the appropriations bill to impermissibly spend Amendment 1 revenues, he said.

“What we have done is complementary to the Earthjustice suit,” Hawkins said. “We think there is a greater likelihood of success for what we are asking, and that is for agency heads to stop spending the misappropriated money.”

Scott, a Republican, signed the fiscal 2016 budget into law after vetoing $461.4 million of line-item expenditures sought by lawmakers.

In a letter accompanying the budget, Scott wrote that the spending plan fully complied with Amendment 1 by including more than $740 million to support land and water programs. The program’s expenses included debt service on outstanding conservation bonds.

Scott and the GOP-led Legislature did not authorize the issuance of bonds for any new environmental programs under Amendment 1.

The Bond Buyer

by Shelly Sigo

NOV 12, 2015 2:29pm ET




Puerto Rico Electric Extends Bondholder Restructuring Pact.

Puerto Rico’s main electricity provider extended an agreement with some bondholders to Nov. 20, giving the utility more time to negotiate with insurers that guarantee a portion of its debt against default.

The Puerto Rico Electric Power Authority, known as Prepa, is trying to restructure $8.2 billion of debt to reduce its costs and free up cash for plant upgrades. Investors holding about 35 percent of its debt on Nov. 5 agreed to take losses of as much as 15 percent by exchanging their bonds for new securities.

The deal was set to lapse Thursday if Prepa couldn’t win the support from companies that insure about $2.5 billion of the utility’s debt. The new deadline is Nov. 20, Prepa said in a statement.

“Prepa will use the extension to continue discussions with its monoline bond insurers, while the legislative process to approve the Prepa Revitalization Act continues,” according to the utility.

The restructuring would be the largest ever in the $3.7 trillion municipal-bond market and mark a first step by Puerto Rico to reduce a $70 billion debt load that Governor Alejandro Garcia Padilla says the island can’t afford to pay.

Debt Exchange

If MBIA Inc., Assured Guaranty Ltd. and Syncora Guarantee Inc. don’t sign on to the Nov. 5 agreement, the negotiations between Prepa, its fuel-line lenders and bondholders may ultimately be resolved through the courts, according to a notice posted on the Municipal Securities Rulemaking Board’s website.

Prepa bonds maturing July 2040, the utility’s most-actively traded uninsured security by volume in the past three months, changed hands Thursday at an average 58.6 cents on the dollar, for an average yield of 9.7 percent, according to data compiled by Bloomberg. The bonds traded at an average 50 cents at the start of the year.

The debt exchange would need to be approved by Puerto Rico lawmakers, who have until Nov. 17, the end of the current legislative session, to vote on Prepa’s Revitalization Act, which would change Prepa’s operations and allow it to restructure debt. Garcia Padilla could call a special session of the legislature to give lawmakers more time to work on the Prepa bill.

The new bonds must receive an investment-grade rating, and the exchange will be voided if more than $700 million of the utility’s uninsured bonds aren’t sold back, according to the terms of the agreement. The three largest rating companies grade Prepa at junk-bond levels.

Bloomberg Business

by Michelle Kaske and Laura J Keller

November 12, 2015 — 12:57 PM PST Updated on November 13, 2015 — 6:09 AM PST




Texas Selling Dirt Bonds at Record Pace as Residents Flood State.

On Election Day this month, just two Conroe, Texas, voters were the entire electorate for one of the biggest bond proposals on U.S. ballots, a $468 million sale that will transform the pinelands around a former Boy Scout camp into a sprawling community. Both of them approved.

The small-scale referendum is part of a record-setting trend in the Lone Star State, which has been picking up more than a thousand new residents a day. Texas special districts like the one in the Houston suburb, drawn up around virtually unpopulated tracts owned by developers, are borrowing billions to build roads, sewers and water lines needed for new houses. It’ll be repaid — eventually — by property owners.

With its population growing more than any other state, Texas is awash in the type of municipal bonds that flourished in Florida and California during the housing bubble, only to burn investors with losses after real estate prices crashed. Its districts are on pace to sell more than $2.5 billion of the securities this year, the most since at least 2007, according to data compiled by Bloomberg. At least $1.7 billion more were approved on Nov. 3.

“It’s been a busy 10 years,” said Richard Muller Jr., a lawyer in Sugar Land, Texas, who works with about 20 districts, including the one in Conroe. “We’re still catching up to all the new jobs the state added.”

 

The securities have been a draw to tax-exempt bond buyers who are looking for higher yields as interest rates in the municipal market hold near a five-decade low. When the Fort Bend County Municipal Utility District No. 194, some 23 miles (37 kilometers) southwest of Houston, sold $5.1 million of bonds on Nov. 5, the 10-year debt yielded 3.2 percent. That’s a percentage point more than top-rated securities.

“If you have the skill set you can pick up some additional yield, as long as you do your homework,” said Colby Harlow, president of the hedge fund Harlow Capital Management in Dallas. “You have to be super selective and look at them on a case by case basis.”

So-called dirt bonds are paid through a special tax levied on the property, which is typically covered by the developer until the homes are sold. The risk: That the homes never sell or tax bills aren’t paid.

While sales of the bonds shriveled in Florida and other states after the housing-market rout left new developments vacant, they’ve continued in Texas, home to five of the 10 fastest-growing cities last year.

After the oil-industry bust of the early 1980s pushed more than a dozen districts into bankruptcy, Texas lawmakers provided safeguards for investors: It required developers to begin paying for the infrastructure up front. They’re reimbursed later when bonds are sold.

“Dirt districts are dirt districts no more,” said Omar Tabani, an analyst with Standard & Poor’s in Dallas. “The developer fronts the cost and doesn’t get reimbursed until the district results in enough taxpayers to pay the debt.”

Surviving Recession

In March 2009, S&P raised the ratings on 250 of the Texas districts because few homeowners were falling behind on their tax bills, even though the recession still hadn’t ended. Since then, property values have continued to rise in the Houston area, where 80 percent of the districts are based, to more than $500 billion from a little over $300 billion in 2007.

“MUDs were the ugly stepsister of the municipal-bond market for many years,” said David Jaderlund of Jaderlund Investments in Santa Fe, New Mexico, who invests in Texas debt for clients. “The debt was issued, but there weren’t any buyers for the property. Now that’s not true any more.”

In Conroe, a city with some 66,000 residents about 40 miles north of downtown Houston, the debt will help build a 2,046-acre planned community called Grand Park Central, which will include residential neighborhoods, retail shops, office space, hotels, restaurants and a conference center. It’s not far from one of Exxon Mobil Corp.’s offices.

Oil’s Impact

One risk looming over the Texas real estate boom is the oil-price bust. A sustained decline in crude would eventually hurt employment and drive down property values, said Tabani, the S&P analyst. In the Houston area, home prices have continued to rise, even though oil is trading for about $40 a barrel, less than half what it was about a year ago. New home construction in the state rose 7.5 percent in August, according to the Federal Reserve Bank of Dallas.

“Today the land developer has skin in the game before they even sell bonds,” said Doug Benton, senior municipal credit manager for Cavanal Hill Investment Management, a Tulsa, Oklahoma-based company that handles about $6 billion, including Texas municipal bonds. “If we feel there is value that can be had, it is definitely a bond we will look at.”

Bloomberg Business

by Darrell Preston

November 15, 2015 — 9:01 PM PST Updated on November 16, 2015 — 6:39 AM PST




Investors Demand Greater Premium from Connecticut in Bond Sale.

Nov 17 – The premium Connecticut pays to borrow money in the municipal bond market rose on Tuesday as the state tapped investors for $650 million amid concerns about its weakening revenues and underfunded public pension system.

Investors have been penalizing states with poorly funded pension systems this year and recent news that Connecticut will see a budget shortfall of over $600 million over the next two years has added an extra layer of scrutiny.

Connecticut paid a premium of 0.56 of a percentage point over top-rated states to borrow for 10 years compared to a spread of 0.47 of a percentage point in the secondary market, according to Thomson Reuters data. Connecticut is paying interest of 2.72 percent on the ten-year bonds.

Lyle Fitterer, a fund manager at Wells Capital Management, said the wider spreads were “not a surprise based on what’s happened to other states that have pressing pension issues.”

Fitterer said he had not brought the bonds as the yield was still not attractive enough given the risk.

“In all honesty I’d rather own something like Illinois where, while it’s lower rated and has similar pension issues, at least your getting paid to take that risk,” he said.

The state’s Treasurer’s office, which is responsible for organizing bond sales, did not immediately return a request for comment.

REUTERS

NEW YORK | BY EDWARD KRUDY

(Reporting by Edward Krudy; Editing by Bernard Orr)




Houston's Conundrum: Closing Its Pension-Funding Gap.

Houston is weathering a prolonged plunge in oil prices, but the city may have an even bigger problem: its pensions.

Though economic growth has only slowed, not stalled, in Texas largest city, its finances are showing what several investors and analysts describe as warning signs.

Those include a rapidly growing gap in funding its retirement plans for public workers and a limit on its revenue-raising capabilities imposed by a voter-approved cap on property taxes.

The $3.2 billion pension-funding gap is threatening Houstons Aa2 credit rating from Moodys Investors Service, hurting demand for its debt and emerging as an issue in the citys mayoral race.

Moodys this summer warned it may downgrade the citys debt if Houston fails to address its pensions, noting the cap limits the citys financial flexibility.

A downgrade could lower prices for outstanding bonds and increase Houstons borrowing costs at a time when it needs improved infrastructure.

Some investors are backing away from the citys debt, saying there are better deals on similarly rated municipal bonds elsewhere. Guy Davidson, director of municipal investments at AllianceBernstein LP, said his firm trimmed its holdings of Houstons debt earlier this year.

We want to be compensated for those pension liabilities and at current levels, we dont think we are, he said.

Houston is the latest U.S. city to face threats from credit-rating firms and investors over bulging pension obligations. Investors have grown concerned about state and local governments ability to address unfunded retirement costs. Examples include Chicago and the states of Illinois and Connecticut, whose unfunded retirement costs have ballooned after investing losses from the 2008 financial crisis and chronic underpayments by policy makers.

Houstons predicament also shows how the decline in oil prices is forcing some U.S. state and local governments to re-evaluate their spending priorities.

Houston residents are reluctant to support any tax increases, including raising the property-tax cap, said Mark Jones, a political-science professor at Houstons Rice University.

At the same time, unsustainable pension costs have contributed to reductions in hiring of police officers and spending on pothole repairs, which have become issues in the mayoral race.

Houstons unfunded pension liabilities grew at a faster clip relative to its revenue than in any of the other 50 largest U.S. local governments rated by Moodys, the firm said in a July report, citing data from fiscal 2013.

The city also projects deficits in coming years despite revenue growth, Moodys said in October.

Before 2001, Houston had enough assets to fund future retirement payouts. But an across-the-board boost to retirement benefits around that time, plus losses from two recessions, have weighed on the citys pension funding. The city now only has about 75% of the funds it needs. That places Houston at the average level of funding among city and county plans, according to Wilshire Consulting.

While the city has paid contractually required amounts to plans for municipal employees and police officers over the past five years, the total falls short of fully funding the systems. A state law overseeing the firefighters plan has resulted in better funding while reducing the citys financial flexibility, Moodys said.

City officials have argued for greater control over pensions and revenue. Ronald Green, Houstons controller, said that while investors in the citys debt can remain confident they will get paid, the city should act soon to improve its finances.

You dont fix the roof when its raining, you fix it when its dry, he said.

Absent a concerted effort to adjust course, the city is headed toward Chicago-level distress, forced to choose between benefit cuts, tax increases and reduced public services, according to a report by the Houston-based Laura and John Arnold Foundation, which funds research on the fiscal health of public pensions.

Houstons pension parameters are set by state law, adding to the complexity of seeking a solution, while the drop in oil prices could magnify problems more quickly than expected, said Josh McGee, a vice president at the foundation.

Among other concerns, the citys plans assume relatively high investment returns of 8% or above, meaning the funding gap may be understated, said Marc Watts, chairman of the Greater Houston Partnerships Municipal Finance Task Force.

The new mayor, unless this is addressed, isnt going to have any resources to work with, he said.

Some plan officials said retired city workers arent the problem. Max Patterson, executive director of the Texas Association of Public Employee Retirement Systems, called such warnings grossly misleading and said any discussion of pension changes should be considered in a broader conversation about city finances.

Todd Clark, chairman of the Houston Firefighters Relief and Retirement Fund, said the plan has met and exceeded its assumed returns historically and the board will make any needed adjustments in consultation with an actuary going forward.

The issue is playing into the mayoral runoff between State Rep. Sylvester Turner, a Democrat, and former Kemah Mayor Bill King, a fiscal conservative.

Mr. Turner, running with the support of the citys three major public-sector unions, said the pension issues should be debated with all stakeholders in concert with the citys other fiscal concerns.

After that, he would consider raising the property-tax cap for public safety or paying down debt.

In order to be successful in addressing the pension issue, you have to engage in comprehensive financial reform, he said.

Mr. King favors adjusting pensions by offering 401(k)-style defined-contribution plans for new hires. He supports maintaining the cap, saying the city raises plenty of tax money and needs to spend less.

Weve got time to turn the boat around and not go over the falls, but we dont have a long time, he said.

Houstons situation highlights the need to address pensions and other fixed costs before they become an economic drag, said John Bonnell, senior portfolio manager of tax-exempt investments with San Antonio-based USAA Investments, which doesnt own the citys bonds.

If they end up doing nothing to address this budget issue, 10 years from now Houston could be facing the same problem Chicago is now, he said. I think they have the ability to address their issues prudently, it just hasnt gotten to the point where theyve been forced to do it.

Reporter Esthi Maharani – November 16, 2015

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com




Chicago Pension Payments Will Lag Despite Legal Outcomes: Moody's

CHICAGO — Chicago’s contributions to its four retirement systems will be too skimpy to curb unfunded pension liability growth in the next 10 years regardless of how state lawmakers address the problem and how the court system rules, Moody’s Investors Service said on Tuesday.

The third-biggest U.S. city has been mired in a financial crisis largely fueled by its $20 billion unfunded pension liability.

Moody’s, which dropped Chicago to the “junk” level of Ba1 with a negative outlook in May, laid out four scenarios facing Chicago based on the fiscal 2016 budget it passed last month.

That spending plan for the fiscal year beginning on Jan. 1 includes a record $543 million, phased-in property tax increase dedicated to public safety worker pensions.

Mayor Rahm Emanuel linked the size of the tax hike to an Illinois bill reducing the city’s contribution to its police and firefighter retirement systems initially by $220 million. Senate bill 777 passed the House and Senate, but is on hold due to an ongoing budget battle between Democratic lawmakers who control the legislature and the Republican governor, who has been critical of that measure.

If the bill fails to become law, the city would remain subject to a 2010 state law that mandates an immediate $550 million increase in contributions, leaving the property tax hike initially $220 million short.

Emanuel’s budget also assumes the Illinois Supreme Court will find a 2014 state law that boosted contributions and reduced benefits for the city’s municipal and laborers’ retirement systems constitutional after a lower court tossed out the law.

Moody’s said the most positive outcome would be a high court ruling in favor of the 2014 law without the enactment of SB 777.

“Although it would require larger pension contributions than currently budgeted, the higher payments would achieve the slowest and least extensive growth in unfunded liabilities among the four scenarios,” said Moody’s analyst Matthew Butler.

Negative outcomes would involve the state supreme court’s rejection of the 2014 law with or without the enactment of SB 777.

“This would exert additional negative credit pressure on Chicago’s credit quality because it would likely remove all flexibility to reduce unfunded liabilities through benefit reform and raise the probability of plan insolvency,” Butler said.

The city plans to defend the 2014 law before the Illinois Supreme Court next week, claiming that without it the police and firefighter retirement systems will run out of money in the next decade.

By REUTERS

NOV. 10, 2015, 11:55 A.M. E.S.T.

(Editing by Matthew Lewis)




Illinois Agency Readies Bond Issue for Unpaid State Vendors.

CHICAGO — The Illinois Finance Authority took steps on Thursday to speed funds to local emergency call centers and providers of essential state services that are in dire need of cash due to the state’s ongoing budget impasse.

A stalemate between Republican Governor Bruce Rauner and Democrats who control the legislature has left Illinois without a budget for the fiscal year that began on July 1. While various court orders and ongoing appropriations have kept money flowing to some services, bond payments and worker salaries, other items have not been funded, prompting Rauner’s office to enlist the IFA’s assistance.

The IFA board agreed to move forward with a plan to pay vendors for essential state goods and services through the authority’s issuance of up to $115 million of bonds backed by Illinois’ moral obligation pledge. The IFA would pay off the bonds through a state appropriation based on the amount of money Illinois owes the vendors.

IFA Executive Director Chris Meister said critical services would include snow plow repair companies and food suppliers for veterans’ facilities and prisons.

In the case of a debt service shortfall on the IFA bonds, the moral obligation pledge requires the governor to request an appropriation from the legislature, which is not legally obligated to act.

IFA Chairman R. Robert Funderburg noted the irony in the risk that money for the bonds might not be appropriated.

“An agency of the state of Illinois is discussing the relative risk of doing business with the state of Illinois,” he said at a board meeting.

Meister said that once structured, the bond deal would need final approval from the IFA board at or before its December meeting. The board approved Citigroup Capital Markets as the underwriter for the bonds, which could be sold in the U.S. municipal market or structured as a direct purchase or private placement.

Meanwhile, the IFA will tap in to its $12 million of available cash to immediately loan at no interest up to $3 million to local 911 call centers relying on a state pass through of revenue from a phone surcharge that has been held up due to the lack of an appropriation, according to Meister. Another allotment of up to $3 million would be made available to state vendors “at the end of their rope” in return for their state receivables and a 1 percent per month late payment penalty that kicks in after 90 days, he added.

By REUTERS

NOV. 12, 2015, 4:12 P.M. E.S.T.

(Editing by Matthew Lewis)




Largest Muni Sale Next Week is $1.75 bln for Florida Rail.

The largest deal to hit the U.S. municipal market next week is $1.75 billion of private activity bonds to help fund All Aboard Florida, a 235-mile (378 km) passenger rail project that will connect Miami to Orlando.

The bonds will be sold by the Florida Development Finance Corporation, a state authorized issuer of industrial revenue bonds, and the sale will be managed by Bank of America Merrill Lynch.

All Aboard Florida is a privately owned, operated and maintained passenger rail system with stations planned in Miami to Fort Lauderdale, West Palm Beach and the Orlando International Airport.

The express train is expected to take approximately three hours, move at speeds up to 125 mph (201 kph), and be completed by early 2017.

A handful of express and high-speed rail projects are currently planned to be built across the country, including projects in California, Texas, and Nevada.

Siemens Corporation will manufacture All Aboard Florida’s trains in Sacramento, California. Archer Western is upgrading rail infrastructure along the corridor.

Altogether, U.S. municipal bond issuers are expected to offer over $6 billion of municipal bonds and notes next week, according to Thomson Reuters preliminary data.

Reuters

Nov 6, 2015

(Reporting by Robin Respaut; Editing by Alan Crosby)




Moody's Withdraws 3 U.S. Public Finance Local Government Obligors for Lack of Sufficient Information.

New York, November 04, 2015 — Moody’s Investors Service has withdrawn the ratings of 3 U.S. public finance local government obligors, affecting approximately $30.5 million of outstanding debt, due to insufficient information.

The affected obligors are:

SUMMARY RATING RATIONALE

Moody’s has withdrawn the ratings because it believes it has insufficient or otherwise inadequate information to support the maintenance of the ratings. Please refer to the Moody’s Investors Service’s Policy for Withdrawal of Credit Ratings, available on our website, www.moodys.com.

REGULATORY DISCLOSURES

Regulatory disclosures contained in this press release apply to the credit rating and, if applicable, the related rating outlook or rating review.

Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody’s legal entity that has issued the rating.

Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating.

Sarah Jensen
Associate Analyst
Public Finance Group
Moody’s Investors Service, Inc.
600 North Pearl Street
Suite 2165
Dallas, TX 75201
U.S.A.
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653

Vanessa Youngs
Analyst
Public Finance Group
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653

Releasing Office:
Moody’s Investors Service, Inc.
250 Greenwich Street
New York, NY 10007
U.S.A.
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653




U.S. Voters Approve $10 Billion of Bonds in Top Ballot Contests.

U.S. voters approved more than $10 billion of new municipal bonds for local governments, with returns showing strong support for large debt issues for Dallas schools, Houston roads and Denver’s stock show and convention facilities.

With interest rates near 50-year lows, localities nationwide sought authority Tuesday to issue $24 billion of debt for water systems, roads and economic development, according to Ipreo, a New York-based financial-market data provider. It was the most in an odd-year November election since 2007, before the worst recession since the 1930s cut tax revenue and pushed states and cities into a period of austerity.

While municipalities have been borrowing to take advantage of low rates to cut the cost of existing debt, they’ve been reluctant to take on new obligations. Borrowing costs have averaged just under 4 percent since 2012, the lowest since the mid-1960s, according to the Bond Buyer’s index of 20-year yields.

“The best case would be a wave of supply that pushes yields and spreads meaningfully higher,” said Matt Fabian, a managing director at Concord, Massachusetts-based research firm Municipal Market Advisors. “Unfortunately we are probably stuck with low yields for a while, regardless of what supply might come.”

Dallas Schools

A strengthening economy gave government officials confidence to ask voters for permission to borrow. The approved borrowings would make a small contribution toward some of the $3.6 trillion of investment in infrastructure that the American Society of Civil Engineers estimates the U.S. needs by 2020.

For Dallas Independent School District, the $1.6 billion of new debt will be used to replace and renovate schools that are more than a half-century old. Denver voters approved $778 million of debt to upgrade a facility for the National Western Stock Show and for improvements to a convention center. Meanwhile in Harris County, where Houston is located, voters approved $848 million of debt for road improvements, parks and flood control, according to county election returns.

Debt sales were also approved for the Aldine Independent School District, North East Independent School District and Conroe Independent School District, all in Texas, and the Fairfax County schools in Virgina. Nine Texas districts were among the largest approved.

Voters in Maine, the only state with bond questions on its ballot, also supported $100 million of debt for transportation and senior housing.

Rejected Proposals

Two of the largest issues that failed to pass included $816 million of bonds in Pima County, Arizona, which sought to use the proceeds for roads and highways, economic development and tourism, and other purposes. In Travis County, Texas, voters rejected $287.3 million for a new courthouse in downtown Austin.

Six years after the recession ended, state tax revenue is only 5 percent over the prior peak and far lower than in past recoveries, according to data released in July by the Nelson A. Rockefeller Institute of Government, which tracks state and local revenue and spending. The long recovery from the recession that began in late 2007, followed by a sustained decline in investment by state and local governments in infrastructure, has created demand, said Donald Boyd, director of fiscal studies at the Rockefeller Institute.

The record for bond proposals in a November general election was in 2006, when municipalities asked for $78.6 billion and voters approved $69.6 billion, according to Ipreo. November general-election ballots typically contain more debt in even years, when congressional and presidential elections are held, than in odd-numbered ones. Last year voters were asked to decide on $44 billion of bonds, more than twice the amount sought in 2010, and passed about 85 percent, according to Ipreo.

Bloomberg

by Darrell Preston

November 3, 2015 — 8:57 PM PST Updated on November 4, 2015 — 9:35 AM PST




Puerto Rico Debt Tragedy's Second Act is Close. Here is the Cast.

NEW YORK – The second act of Puerto Rico’s long- building debt drama is about to begin, and waiting in the wings is a veteran cast. It includes an embattled politician, his foe, the former executive of a failed bank, and those with roles in the Wall Street bailout, Argentina’s default and America’s biggest municipal bankruptcies.

Locked out of the capital markets as it edges toward a record-setting default, the Caribbean island of 3.5 million people may run out of cash as soon as this month. With $354 million of debt payments due on Dec. 1, Gov. Alejandro Garcia Padilla would have to decide whether to pay bondholders or conserve whatever funds he can find to keep the government running.

While Puerto Rico has already defaulted on securities backed by legislative appropriations, it may mark the first time the government has failed to make good on obligations guaranteed by its full faith and credit — a pivotal moment that could haunt it for years.

With a debt load of $73 billion, more than any state but California or New York, and an economy that’s contracted in all but one year since 2006, Garcia Padilla says the island can’t afford to pay back what it owes. Puerto Rico expects to have a negative cash balance of $30 million this month, the governor told a U.S. Senate committee on Oct. 22, and the administration may cut civil servants to a three-day work week to conserve cash. The debt restructuring the governor wants to push through would be by far the largest ever in $3.7 trillion municipal market.

Here are the men and women who will chart the way:

-Alejandro Garcia Padilla, governor. Before becoming governor in January 2013, Garcia Padilla, a graduate of the Interamerican University of Puerto Rico School of Law, served in Puerto Rico’s senate. The 44-year-old is a member of the Popular Democratic Party, which is aligned with Democrats in the U.S. and favors keeping the island a territory over pushing for statehood. He raised excise taxes, increased the retirement age for government workers, and pushed to change the sales tax to a value-added tax, a step aimed at cracking down on widespread evasion.

He’s been unable to revive the economy or eliminate chronic deficits that have left the government reliant on borrowed money. In April, Garcia Padilla said it would be “folly” to default. By late June he reversed course, saying the deep spending cuts or tax increases that would be required to pay its debts would be too much to bear.

His administration plans to offer investors a chance to exchange their bonds for new securities that will be less costly to the government, though no details have been released and it’s unclear how many bondholders will go along. Facing re-election next year, Garcia Padilla hasn’t said whether he’ll run again. El Nuevo Dia, the island’s biggest newspaper, reported that he won’t so that his handling of the debt crisis is freed from the pressure of election-year politicking. About 12 percent of Puerto Ricans approve of Garcia Padilla’s performance, according to a poll published by El Nuevo Dia.

– Pedro Pierluisi. Puerto Rico’s sole representative in Congress since 2009 and president of the New Progressive Party that favors statehood, Pierluisi, 56, is planning his own gubernatorial run and has been critical of Garcia Padilla, giving the island a somewhat divided voice in Washington. With Garcia Padilla’s support, he proposed a bill that would allow the government-run power company and other struggling agencies to file for bankruptcy protection in U.S. court.

It’s gone nowhere for lack of a single Republican co-sponsor. In testimony prepared for a September hearing, he said debt guaranteed by the central government should be “sacrosanct” and that the governor had “badly tarnished” the island’s reputation by not standing firmly behind it.

A graduate of Tulane University, he has a degree from George Washington University Law School and worked as a lawyer in private practice before taking office.

– Melba Acosta, Government Development Bank. A Harvard University MBA, Acosta has been president of the GDB, which handles the commonwealth’s financial affairs, since October 2014 and previously worked as Puerto Rico’s Treasury Secretary. From 2004 to 2010, she was a vice president, chief operating officer and chief financial officer with R&G Financial Corp. and its subsidiary R-G Premier Bank, one of three Puerto Rico lenders that closed following the island’s severe recession. While at the GDB, she attempted to negotiate a restructuring of some of the agency’s debt in a trial run of what may be attempted on a larger scale. The talks collapsed last month.

In addition to her MBA, Acosta, 49, has degrees in accounting and law from the University of Puerto Rico.

– Jim Millstein, Millstein & Co. Millstein, the founder and chief executive officer of the financial advisory firm that’s serving as Puerto Rico’s main debt adviser, has experience with high-profile financial messes. Before starting his firm, from 2009 to 2011 Millstein served as the U.S. Treasury’s chief restructuring officer, responsible for monitoring the financial-industry bailouts from the 2008 credit- market crisis. He was the principal architect of American International Group Inc.’s recapitalization.

Millstein, 60, is a former co-head of Lazard’s restructuring group and before that was head of the corporate turnaround practice at Cleary Gottlieb Steen & Hamilton. At Lazard, he represented Argentina in connection with the exchange offer for its international bonds, which may serve as a template for Puerto Rico. A Princeton University graduate, he has a law degree from Columbia Law School.

– Antonio Weiss, Treasury Dept. After his nomination to serve as undersecretary for domestic finance was blocked by Sen. Elizabeth Warren over his long career on Wall Street, Weiss joined Treasury as an adviser to Secretary Jack Lew and serves as the point person for Puerto Rico. The Obama administration has suggested that Congress give Puerto Rico’s entire government the power to file for bankruptcy to allow for an orderly workout in court, a broader scope than Pierluisi’s stalled bill. It’s also proposed increasing health-care spending and tax credits for the island to help boost the economy.

At Lazard, Weiss was the head of investment banking, advising Walgreen in its acquisition of Alliance Boots and cigarette maker Reynolds American in its takeover of rival Lorillard. He was formerly publisher of the storied literary magazine The Paris Review, where he worked as assistant to founder George Plimpton just after graduating from Yale University. Weiss, 49, also has an MBA from Harvard.

– Lee Buchheit, Cleary Gottlieb. Buchheit, 65, who worked on the restructuring of Greece’s debt, is partner in the sovereign practice group at the firm, which is serving as legal adviser to Puerto Rico. Over three decades his clients have included Russia, Mexico, the Philippines, Iraq and Iceland. Buchheit received International Financial Law Review’s inaugural Lifetime Achievement Award for his contributions to international finance. Buchheit earned an undergraduate degree from Middlebury College and a law degree from the University of Pennsylvania Law School.

– Harrison Goldin, Goldin Associates. Harrison Goldin, 79, the firm’s managing director, was involved in one of the biggest municipal financial crises: New York City’s mid-1970s meltdown. Known as “Jay,” he served as the city’s comptroller when it was pushed to the brink of bankruptcy by years of unsustainable borrowing to pay bills, just like Puerto Rico. Goldin’s firm was hired to advise a group of investors holding some of Puerto Rico’s $13 billion of general- obligation bonds, the second biggest chunk of the island’s securities. He’s a graduate of Princeton and Yale Law School.

Bondholders, however, are far from unified. That’s because some 17 arms of the commonwealth have sold securities that are backed by different legal protections and revenue streams, setting up a clash between various bondholders over who will be saddled with the steepest losses. Case in point: a group formed to represent more than three dozen hedge funds holding $5 billion of Puerto Rico bonds disbanded, with the firms breaking into smaller alliances that would better represent their interests.

– Lisa J. Donahue, AlixPartners. Donahue, a managing director of the advisory firm’s turnaround practice, serves as the chief restructuring officer for the Puerto Rico Electric Power Authority, the government-run electric company that’s been negotiating for over a year in an effort to cut its $8 billion of debt. She was appointed in September 2014. She previously served as executive vice president and CFO at Calpine Corp., an independent power producer, and CFO for the Atlantic Power Corp. The authority has reached an agreement with some bondholders to restructure the agency’s debt, which would leave investors taking losses of as much as 15 percent. Finishing the rest of the deal has proved difficult. The utility still needs to get agreements with insurers that guarantee the debt against default. Donahue has a degree in finance and accounting from Florida State University.

– David Brownstein, Citigroup. Brownstein is head of public finance at the New York-based bank, the third-largest underwriter of U.S. municipal bonds during the first half of the year. Citigroup was hired to be the lead banker for the restructuring of Puerto Rico’s debt and hosted a July meeting between investors and officials at its Manhattan headquarters. Brownstein was the top banker to Jefferson County, Alabama, on the water and sewer refinancing that brought it out of the second-biggest U.S. municipal bankruptcy. He also worked with Detroit following its financial collapse. Brownstein has a bachelors degree from Beloit College.

Bloomberg

by Martin Z. Braun

Contributors: Michelle Kaske and Laura J. Keller in New York and Catarina Saraiva in Washington.

Nov. 6, 2015




Vanguard Steps Into Muni-Bond Indexing.

Long associated with index funds, Vanguard Group didn’t launch its first municipal-bond index fund until this past August.

At an annual cost of 0.12%, Vanguard Tax-Exempt Bond ETF (VTEB) tracks the S&P National AMT-Free Municipal Bond Index, the same one tracked by iShares National AMT-Free Muni Bond ETF (MUB), which has a 0.25% expense ratio .

Vanguard, which already had active mutual funds for the sector, hasn’t set off fireworks with the ETF so far. The iShares fund dwarfs the Vanguard ETF in assets ($5.6 billion to $60 million) and average daily volume, where differences in expense ratio can be made up in trading spreads.

Yet, Vanguard’s launch is sure to bring added focus to muni-bond indexing and passive-investing strategies. Through Sept. 30, actively managed municipal-debt funds held $573 billion, compared with just $20 billion for index funds, the largest active/passive discrepancy for eight distinct fund types tracked by Morningstar Inc. And 85% of those passive funds were in ETFs.

Muni bonds (and funds) are typically held by investors in higher marginal tax brackets, those who benefit the most from the state, federal and local tax-exempt status of interest income from munis. Moreover, the muni market isn’t nearly as large or as liquid as those for federal or corporate debt—so trading individual bonds can be a challenge.

“In a more fragmented market, the sampling approach a manager uses to align with an index is extremely important,” says Peyton Studebaker, managing director of Caprin Asset Management in Richmond, Va. His clients are invested in the $1.2 billion Market Vectors Intermediate Municipal ETF (ITM). The fund, which costs 0.24%, has an effective duration of 7.1 years compared with 4.7 years for the more broadly based MUB.

“Intermediate muni ETFs offer a more-reasonable risk/reward in today’s interest-rate environment,” adds Mr. Studebaker. ITM yields 2.1%, or 3.52% tax equivalent at the 39.6% marginal federal rate. MUB yields 1.63%, or 2.89% tax equivalent as of Nov. 2, according to each company.

It remains to be seen whether Vanguard’s entry into the market will win over customers from existing funds, including the $1.5 billion SPDR Nuveen Barclays Municipal Bond ETF (TFI), or expand interest in muni-bond indexing generally.

THE WALL STREET JOURNAL

By ARI I. WEINBERG

Updated Nov. 8, 2015 10:02 p.m. ET

Mr. Weinberg is a writer in New York. He can be reached at reports@wsj.com.




Sizing Up Dallas' Massive Pension Problem.

The short of it is this: Dallas’ pension fund for police and firefighters is in big trouble. This week, the City Council heard from an outside auditor that the fund has $5 billion in commitments that it doesn’t have assets to pay, based on the new way the Governmental Accounting Standards Board will begin calculating pension liabilities. Previously, those commitments were calculated to be $1 billion.

In light of the $4 billion reassessment, both the Moody’s and Standard and Poor’s ratings services downgraded the city’s credit rating. Moody’s downgraded the city’s bond rating from its second highest level, Aa1, to its third highest Aa2. S&P did the same, using a slightly different lexicon — Dallas went from AA+ to just AA. The downgrades come less than a week after the city released $227 million in capital improvement bonds. Matt Fabian, a municipal finance analyst with Municipal Market Analytics, said that the credit downgrades in and of themselves shouldn’t cause an immediate crunch for the city, thanks to a friendly bond market and the high perch from which Dallas’ bond rating has only slightly dropped.

“Right now [municipal bond] yields are at or near an all-time low. That means that there aren’t enough bonds available for all the investors that want to buy them. They’re falling all over each other to buy bonds, to buy income for their municipal bond accounts, and so the penalty that Dallas is apt to pay is minimal,” Fabian says. “[Dallas’] ratings are still very solid in the AA category. That’s still an excellent rating. Typically, a city with a rating in the AA category or above receives minimal credit scrutiny from anyone.”

The ratings themselves, as they stand, are not a big problem, but things could get worse, Fabian says, if the city doesn’t show the political will to deal with the massively underfunded system.

“Investors are becoming a lot more sensitive to headline risks related to pensions, because pensions can create political instability. The debate about pensions can have a meaningful impact on how the city does business. Investors have been far more cautious on this topic than almost any other,” he says. “If the city lets things fester and get worse, a penalty that it pays could easily become much larger and the rating downgrades could accelerate. [The ratings cut] is a clarion call to the city to take action.”

Unfunded pension liabilities pile up, in part, because cities defer current costs (salaries) and take on future costs (pensions), Fabian says. Dallas pays its police officers some of the lowest salaries in North Texas but has one of the most generous pension systems. Given appropriate circumstances, it is possible for Dallas cops and firefighters to retire as millionaires, something Dallas police representatives have cited as one of the few things that can keep officers in the department. No matter how much retirees expect to get paid, it won’t matter if the pension system goes broke, something Moody’s warns could happen by 2038. Dallas can come out of the mess no worse for the wear, Fabian says, if it takes aggressive action to limit new liabilities and pay off old ones.

“Dallas could be a poster boy for fiscal management if it addresses this problem aggressively, but more likely than not, how these situations work out is that the large liabilities are very difficult to service,” he says.

So far, Dallas has hired a new executive director, Kelly Gottschalk, for the pension fund and suspended enrollment in the lucrative “DROP” program, which allowed police officers and firefighters to collect and reinvest retirement benefits at high rates while they were still on the job. According to Fabian, one way or another, the only way to save the fund is to cut benefits, potentially through negotiations with the city’s uniformed personnel, or increase income, which could happen through increased taxes or better performance from the funds investments.

THE DALLAS OBSERVER

BY STEPHEN YOUNG

FRIDAY, NOVEMBER 6, 2015




Texas Approves New Road Funding Plan.

Voters approved a way to increase transportation funding without raising taxes or tolls. But some say it’s a bad approach.

Texas voters approved a measure Tuesday to provide more money for roads without raising taxes, adding debt or adding toll roads. The measure could add as much as $2.5 billion a year for the next decade toward building and repairing the state’s congested roads, and even more after 2019.

The voters’ approval is a major victory for Republican Gov. Greg Abbott, who vowed in his campaign last year to address the traffic problems that have come along with the state’s recent population surge. Legislators ultimately crafted the measure that went to the voters, which was called Proposition 7.

When it became clear that Prop. 7 and six other ballot measures passed Tuesday night, the governor expressed his gratitude on Twitter. “THANKS Texans for making Texas freer & stronger with lower taxes & better roads. Texas remains best state in U.S.,” he wrote.

The measure is the latest effort by Texas leaders to cope with the stresses more residents put on the state’s transportation networks without raising taxes. After all, part of the reason to move to Texas is that the state has low taxes. Texas hasn’t raised its gas tax since 1991.

But more than 1,000 new people a day mean bigger traffic jams in the Austin, Dallas and Houston regions. The additional taxes they pay don’t cover the cost of expanding and maintaining roads. The recent increase in oil production, which began with widespread adaption of fracking technologies, also strained roads that connect oil fields to the rest of the state.

Texans have turned increasingly to toll roads to handle the increase in traffic. But toll roads are unpopular. Voters may not way to pay higher taxes, but they also don’t want to have to pay just to drive on their roads (which explains a prohibition on Prop. 7 money going toward toll roads). Last year, the state used its flush rainy day fund to direct up to $1.7 billion more a year toward transportation. But that still fell short of the $5 billion a year that state transportation officials say is needed to maintain current levels of congestion. And the gap grew even bigger after oil prices fell this year, because oil tax revenues fund the rainy day fund.

So rather than adding new taxes, Prop. 7 will pull new money from certain existing taxes and direct it toward transportation. So, for example, once the sales tax — the state’s main source of tax revenue — brings in more than $28 billion a year, the next $2.5 billion will be devoted exclusively for transportation every year for the next 10 years. A similar mechanism will apply to the vehicle sales tax starting in 2019: Once collections reach $5 billion a year, 35 percent of the receipts beyond that will go toward roads.

It’s a more complicated solution than simply raising the gas tax or increasing vehicle registration fees, acknowledged Jack Ladd, the president of Move Texas Forward and the treasurer of a related political action committee backing Prop. 7. “There is no political will in Austin to do that” among Democrats or Republicans, he said. Conservatives don’t want to increase taxes at all, while liberals worry that gas taxes and registration fees hurt poor people.

“It’s also a question of priority: How big of a priority is transportation funding in Texas?” Ladd said. “You have to say, if you know the facts, it’s a really big problem and it should be addressed.” Prop. 7 puts transportation funding ahead of other priorities, like health care and education. But Ladd said those areas would also benefit from better roads.

“You can’t get to a hospital, you can’t get to a school without roads,” he said. “It’s not just a quality of life issue, it’s also a jobs issue.” There was little organized opposition to the measure, but critics worried that the measure will be too strict, because it puts roads ahead of schools, health care and even other kinds of transportation for new state money.

Jay Crossley was one of those who expressed doubts. Crossley, executive director of Houston Tomorrow, which promotes urban issues such as walkable neighborhoods, worried the ballot measure would promote bad transportation policy for a decade, because Prop. 7 specifies that the designated money could only be spent on roads — not on public transportation, bike paths or sidewalks.

The Texas Department of Transportation “has made it very clear that, if they could have a decade of guaranteed funding, it makes all the finances work better to build a lot of unnecessary roads,” Crossley said before the vote. According to Crossley, supporters of the measure essentially said, “We don’t want people to be able to change their mind.

We don’t want the people of Texas to be able to say, ‘Maybe we want transit. Maybe we would rather have safe streets. Maybe we want a transportation system that doesn’t subsidize sprawl.’”

(Crossley stressed that he was speaking for himself; Houston Tomorrow did not take a position on Prop. 7.)

But Ladd, the proponent of Prop. 7, said lawmakers made sure the measure would expire after 10 years, so lawmakers will review the approach later. “Future legislators who may not have been around when Prop. 7 passed … could look at it and say we want to raise taxes instead, we want to do something else, we don’t want to do this anymore,” he said. “There are other ways to solve this problem, but we have to fix it now.”

GOVERNING.COM

BY DANIEL C. VOCK | NOVEMBER 4, 2015




S&P: Atlantic City, NJ GO Rating Remains On Watch Neg Pending Key Report, Action On Approved Bills.

NEW YORK (Standard & Poor’s) Nov. 4, 2015 — Standard & Poor’s Ratings Services today said that its ratings on Atlantic City, N.J. remain on CreditWatch with negative implications, pending the release of an updated report from the city’s Emergency Manager and action on several bills approved by the state legislature. Standard & Poor’s expects to resolve or update its CreditWatch within the next 60 days.

We lowered the general obligation (GO) bond rating to ‘B’ and placed it on CreditWatch with negative implications on Aug. 3, 2015 (for more information on the GO rating, please see the summary analysis on Atlantic City, published on Aug. 3, 2015, on RatingsDirect).

While the state’s Local Finance Board approved the city’s fiscal 2015 budget last month, an anticipated updated report from the city’s Emergency Manager has not been released and there has been no action yet on several bills passed by the state legislature.

In compliance with state law, the city’s 2015 budget is balanced. However, this is achieved through anticipated revenues of $33.5 million in redirected casino taxes and $38.9 million in deferred pension and health care expenses. The governor hasn’t signed into law the legislature-approved redirection of casino taxes. The Atlantic City budget fully funds its annual requirements for settled tax appeals and was adopted in time for the mailing of fourth-quarter tax bills. The city reports that it will be able to make its $11 million December 2015 debt service payment if it does not receive the anticipated redirected casino tax revenue.

We have determined, based solely on the developments described herein, that no rating actions are currently warranted. Only a rating committee may determine a rating action and, as these developments were not viewed as material to the ratings, neither they nor this report were reviewed by a rating committee.

Primary Credit Analyst: Timothy W Little, New York (212) 438-7999;
timothy.little@standardandpoors.com

Secondary Contact: Lisa R Schroeer, Charlottesville (1) 434-220-0892;
lisa.schroeer@standardandpoors.com




S&P: Dallas GO Debt Rating Lowered to 'AA' on Rising Pension Costs.

DALLAS (Standard & Poor’s) Nov. 4, 2015 — Standard & Poor’s Ratings Services said today it lowered to ‘AA’ from ‘AA+’ its long-term rating and underlying rating (SPUR) on Dallas’ parity general obligation (GO) bonds. We also assigned our ‘AA’ rating to the city’s series 2015 GO refunding and improvement bonds. The outlook is stable.

In addition, Standard & Poor’s lowered to ‘A’ from ‘A+’ its long-term rating and SPUR on the Downtown Dallas Development Authority’s (DDDA) tax increment contract revenue bonds, issued on behalf of the city of Dallas. We also lowered to ‘A’ from ‘A+’ the rating on the Dallas Convention Center Hotel Development Corp.’s series 2009A, B, and C hotel revenue bonds, issued on behalf of Dallas. The outlook for both ratings is stable. (For more information, see the summary analyses on DDDA and Dallas Convention Center Hotel Development Corp. published Nov. 4, 2015.)

Standard & Poor’s also affirmed its ‘A-1+’ short-term rating on Dallas’ series 2010A and C GO commercial paper notes The rating reflects our view of the city’s strong general creditworthiness and liquidity.

“The GO debt downgrade is due to the city’s rising pension liabilities and lack of a sufficient plan to address them in the near term,” said Standard & Poor’s credit analyst Jennifer Garza. “The stable outlook reflects our view of the city’s consistent financial performance and economy, which is supported by very strong management.”

The pledge of an ad valorem property tax, limited to $2.50 per $100 of assessed valuation (AV) by state law, secures the GO bonds. In our opinion, the city has ample flexibility under the tax cap given its current tax rate of 79.7 cents per $100 of AV.

The GO debt rating reflects the city’s:




‘Smart Poles’ Will Earn City Money While Improving Quality of Life.

Los Angeles is starting to host a new type of hybrid infrastructure — a street light that doubles as a mini-cell tower — through a public-private partnership.

Royal Philips, which makes energy-efficient LED light bulbs, has teamed up with communications technology firm Ericsson to create the “smart pole,” which features energy-efficient lighting and 4G LTE wireless service, reported Los Angeles Magazine. The poles also can “monitor and regulate energy usage in real time,” reported Annenberg TV News.

Philips will cover the costs of providing and installing the poles on city streets and pay Los Angeles a portion of the rent it charges wireless carriers to use the cell towers. The city expects to receive $1,200 per year from each of the 100 poles to be installed this year. Revenues will rise to $720,000 annually from a network of 600 poles by 2018, said Ed Ebrahimian, director of the city’s street lighting bureau.

Ebrahimian hopes to negotiate additional P3s to continue expanding coverage. “I would think two or three thousand over the next five years. We are working with other carriers, not just Philips or Ericsson,” he said.

San Jose is preparing to install this infrastructure as well.

The smart pole concept is just one of the P3-based approaches states and cities are using to provide universal access to wireless technology. Kentucky is conducting a partnership to install statewide broadband and Lake Oswego, Ore., is considering a deal to install its own network as well.

NCPPP

November 6, 2015




Orrick Opinion Helps SDUSD GOs to AAA.

Changes Rating Prospects for other California General Obligation Bonds

​For the last several years, Orrick’s General Obligation Bond Group has led an effort to improve the rating agencies’ understanding of the special character of California local agency general obligation bonds. The purpose of the effort was to improve the ratings and reduce the borrowing costs associated with California General Obligation Bonds for all school and community college district, city, county, and other local governments that issue General Obligation Bonds. Today that effort has borne fruit.

In partnership with San Diego Unified School District, Orrick drafted and assisted in the enactment of Senate Bill 222, which established a statutory lien for the benefit of bondholders on the property taxes levied to pay general obligation bonds. SB 222 was signed into law on July 13, 2015. Several rating agencies reacted by saying that while SB 222 was positive, it was not likely sufficient to change the ratings on California General Obligation Bonds because, while the property taxes levied to pay California General Obligation Bonds would ultimately be required to be applied to pay the bonds, the application of the taxes to the payment of the bonds could be temporarily interrupted by the automatic stay in the event of an issuer bankruptcy.

In response to the ratings agencies, Orrick drafted and delivered an opinion to certain rating agencies addressing whether the property taxes levied to pay general obligation bonds would be considered “special revenues,” and thereby not subject to the automatic stay.

Orrick and San Diego Unified School District presented the opinion and its bankruptcy analysis to several rating agencies. On November 4, 2015, Fitch assigned a “AAA” rating to $550 million of San Diego Unified School District 2016 General Obligation Bond (Dedicated Unlimited Ad Valorem Property Tax Bonds). Fitch’s announcement refers to and concurs with the opinion it received that the property taxes levied to repay the bonds would be “special revenues” in the event of a district bankruptcy, and states that “as a result, the rating is based on special tax analysis without regard to the District’s financial operations.”

This signals what should become a sea change in the rating and sale of school district, community college district and other local agency general obligation bonds in California.

Please contact any of the following members of the Orrick General Obligation Bond Group with questions or for further discussion:

Mary Collins
415-773-5998
marycollins@orrick.com

Eugene Clark-Herrera
415-773-5911
ech@orrick.com

Don Field
213-612-2287 / 949-852-7727
dfield@orrick.com

John Palmer
415-773-4246
jpalmer@orrick.com

11-04-2015




Hawkins Delafield & Wood LLP Opens Michigan Office.

Hawkins Delafield & Wood LLP, a national leader in municipal finance and public law, announced today that it will open a new office in Ann Arbor, Michigan. The new office will be the firm’s first office in the Midwest region. A new partner, Lisa Hagan, will be resident in the Ann Arbor office. She previously was a senior principal in the Ann Arbor office of Miller, Canfield, Paddock and Stone, P.L.C.

Howard Zucker, a member of the Hawkins management committee, commented on the new office and the lateral hire: “For many years, Hawkins has enjoyed an active public finance practice in the Midwest. The opportunity to welcome a new lawyer to our firm, and to open an office near so many of our valued clients at the same time, is extraordinarily exciting. For existing Hawkins clients, this represents yet another example of Hawkins’ continued commitment to public finance and public projects.”

Lisa Hagan received her LL.M. in Taxation from Georgetown University Law Center, her J.D. from Michigan State University College of Law, and her B.A. from Michigan State University. Her practice is focused primarily on health care, higher education and housing financings.

Hawkins is of the municipal industry’s more storied law firms. Founded in 1854, the firm gained a reputation in the 19th Century for specialized expertise in the area of governmental finance. The firm continues to break new ground for its clients in finance transactions, including public power, transportation, housing, health care, higher education, cultural institutions and public contract representation, including public/private partnerships. Hawkins is perennially rated among the very top bond counsel and underwriters’ counsel nationally.

Hawkins has more attorneys (approximately 100) devoted to public finance and public projects than any law firm in the nation. The new Ann Arbor office will be the firm’s ninth office, joining New York, Washington D.C., Newark (NJ), Hartford, Los Angeles, San Francisco, Sacramento and Portland (OR).




Beer Bonanza Has Virginia Capital Backing Bonds for Craft Brews.

Virginia’s capital is raising beer money — $23 million of it.

Richmond will sell bonds next week to build a brewery for Escondido, California-based Stone Brewing Co., the ninth-largest U.S. craft-beer maker, on property that’s been vacant for four decades. Stone will pay the 218,000-person city to lease the facility and won’t be on the hook to repay investors. Taxpayers will.

It may be the first time a U.S. city has put its credit on the line for a maker of the beverage Americans swill millions of barrels of, and it shows how the craft-beer boom has been drafted into the long-running bidding wars among states and cities for businesses. Elsewhere, the decision to stand behind less-flourishing corporations hasn’t always panned out: Rhode Island is stuck with debt that lured a now-bankrupt video game startup, while Moberly, Missouri, was burned by issuing bonds for an artificial-sweetener plant that was never built.

“There’s a growing movement for craft brewing, and if there are cities and states out there trying to encourage it, it’s a way of creating a new revenue base,” said Howard Cure, managing director of municipal research in New York at Evercore Wealth Management, which oversees $6 billion. “These companies are smart and they play one city against another.”

Craft beer, which comes from breweries that make no more than 6 million barrels a year, is the fastest-growing segment of the $102 billion U.S. market.

With the deal, Richmond is counting on the popularity of Stone’s brands such as Arrogant Bastard Ale and Stone Cali-Belgique IPA. The 19-year-old company’s production jumped 35 percent last year, twice as fast as craft breweries nationwide, despite a surge in competition from upstarts and behemoths such as Anheuser-Busch InBev NV.

With 22 million barrels produced in 2014, such small-scale producers account for 11 percent of the U.S. beer market, up from 5 percent in 2010, according to the Boulder, Colorado-based Brewers Association.
The growth of the industry — and its power as a tourist draw — has caught the attention of elected officials across the country, said Bart Watson, the chief economist for the association, which represents more than 2,800 companies.

“As the craft beer market has grown and these companies have grown into bigger job creators and bigger sources of economic impact, the reception from government officials has grown as well,” Watson said. “We’ve entered this era of second facilities in different parts of the country. There’s a lot more courting going on.”

Sierra Nevada Brewing Co. and New Belgium Brewing Co., the third- and fourth-largest craft brewers, have begun operating East Coast facilities in North Carolina after receiving government incentives. Lagunitas Brewing Co., the sixth-largest, set up its second facility in Chicago, though it rebuffed the junk-rated city’s offers of assistance.

Job Creator

Stone picked Richmond over more than 300 other potential sites for the brewery, which will also have a restaurant and beer garden. It’s projected to create 288 jobs.

Economic incentives were available at all of its other top sites, said Pat Tiernan, Stone’s chief operating officer. What set Richmond apart was the opportunity to revamp an area near the James River that was never rebuilt after flooding in the 1970s, he said.

“We wanted to gauge where we got the most buzz and enthusiasm and excitement, not just with fans, but with the community, the governments at the state and local level,” Tiernan said. “How they decided to fund it really had nothing to do with the selection of the site.”

Tammy Hawley, a spokeswoman for Richmond Mayor Dwight Jones, said no one from the city finance department was available to comment until after the bond sale, which is scheduled for next week. Moody’s Investors Service rates the $23 million of taxable debt Aa2, its third-highest grade. The credit-rating company said Stone’s payments to lease the brewery will match or exceed what the city will spend on principal and interest.

“The dollar amount for the city of Richmond is not particularly burdensome, and the city of Richmond is budgeting to pay for debt service every year,” said Julie Beglin, a Moody’s analyst. The city has $740 million of general obligations. “That’s different from other projects that we’ve occasionally seen where the anticipation is the project will pay and the city may or may not have available funds to pay debt service if that project failed.”

One example of a bust: Key West Brewery Inc. Based near the southernmost point of the continental U.S., it defaulted in 2001 on $7.4 million of revenue bonds that it was responsible for repaying. That company was tiny in comparison to Stone: By borrowing the money, it was seeking to boost production to 39,600 barrels a year from 3,000.

By contrast, the California brewer’s output will exceed 300,000 barrels for the first time in 2015, Tiernan said. He said the Richmond facility will eventually be able to make 700,000. Stone is also planning to open a brewery in Berlin.

Beer Lovers

In a sign of Stone’s influence in the industry, it has the fourth-most-popular India pale ale on the website BeerAdvocate and the three most-noted American strong ales. The brewery is known for flaunting the superiority of its beers with names like Sublimely Self-Righteous.

Stone even taunts its customers, questioning whether they should drop the bottle and pick up something a bit more banal.

“It is quite doubtful that you have the taste or sophistication to be able to appreciate an ale of this quality and depth,” says the Arrogant Bastard label.

Richmond is betting on the opposite.

Bloomberg

by Brian Chappatta

November 1, 2015 — 9:01 PM PST Updated on November 2, 2015 — 7:31 AM PST




Hedge-Fund State Stung as Stock-Price Swings Leave Budget Gap.

Connecticut passed a budget in June that boosted funding for transportation projects, made required pension contributions and scaled back a tax increase on businesses. It appeared balanced, removing the risk of a downgrade from Fitch Ratings.

The good news didn’t last long.

Four months into the fiscal year, Connecticut is facing a $118 million deficit, thanks in part to a stock-market slide that erased more than $3 trillion from share prices before it ended in late September. With just $406 million in its rainy-day fund, about one-third of the pre-recession peak, Democratic Governor Dannel Malloy and lawmakers are working this week to figure out how to shore up the finances of a state that’s home to more hedge-fund money than any state but New York.

With Illinois and Pennsylvania still without budgets for the year that began July 1, Connecticut’s struggle shows that passing a spending plan isn’t enough if projected revenue doesn’t materialize. To stabilize the state’s finances, Malloy, who has already cut funding for hospitals and welfare programs, is aiming to eliminate 500 government jobs, overhaul the retirement system and change the way businesses are taxed to keep companies from leaving.

“That a budget gap has opened up so early in fiscal 2016 is definitely concerning,” said Paul Mansour, head of municipal research in Hartford, Connecticut, at Conning, which holds the state’s bonds among its $11 billion of local debt. “You have revenue coming in below projections, low reserves and political pressures not to cut social services. It’s when you combine all these things together that you get concerned.”

Connecticut is the wealthiest U.S. state by per-capita income, with an economy fueled by the finance industry. It had some 250 hedge-fund companies overseeing about $335 billion in 2013, according to the Connecticut Hedge Fund Association. Only New Yorkers rely on capital gains for a greater share of their income, said Carl Thompson, a municipal analyst in Boston at Eaton Vance Management, which oversees about $30 billion of local debt.

That leaves the government’s revenue sensitive to market routs like the one in August, when the Standard & Poor’s 500 index lost 11 percent in six days. The bout of selling, the worst in four years, wreaked havoc with the Connecticut’s tax-collection forecasts, despite the rebound that’s left stocks with gains for the year.

Rippling Down

That volatility is one reason tax collections will likely fall short of expectations, Office of Policy and Management Secretary Ben Barnes said in a letter to Comptroller Kevin Lembo last month. Lembo said the state’s economy has also been restrained by the disappearance of 14,900 financial-services jobs since the recession, which has weighed on wage growth.

“Until the overall growth in the state employment numbers results in higher wage growth, which is consistent with an expanding economy, the withholding portion of the income tax will continue to present significant budget challenges,” Lembo wrote.

Municipal-bond investors are demanding higher yields to hold Connecticut debt instead of other securities. Ten-year Connecticut general obligations yield 2.61 percent, about half a percentage point more than benchmark debt. That gap is near the most since Bloomberg data begin in January 2013 and up from as little as 0.27 percentage point in January.

Stable Outlook

Fitch took Connecticut away from the brink of a downgrade in July, when it lifted the outlook on its AA rating to stable because of the balanced budget. Under that plan, Malloy kept his pledge to maintain full pension contributions. He also won a higher sales-tax rate for transportation projects, one of his biggest initiatives, and reduced business-tax increases after companies including General Electric Co. threatened to move.

Connecticut has ample time in the current year to make adjustments to the deficit, said Douglas Offerman, the Fitch analyst in New York who monitors the state. It’s easier to tweak a passed budget than govern without one, like Illinois and Pennsylvania, he said.

“This was from all perspectives a pretty decent budget that happens to be in a state that has very volatile revenue streams,” said Thompson, the analyst at Eaton Vance, which owns Connecticut bonds. “With the stock market, their revenue projections change and that can really be a very sudden, unpredictable thing.”

Faced with the latest deficit forecast, Malloy said Oct. 28 that the state should cut its workforce by 500 in the current fiscal year. Connecticut is also deferring scheduled raises for 1,600 managers and negotiating over contracts with most bargaining units, according to a presentation titled “Connecticut’s Economic and Budgetary Reality.”

Barnes, Malloy’s budget official, is involved in negotiations over curbing the deficit and wasn’t available to comment, said Christopher McClure, a spokesman for the office of policy and management. Connecticut will release new revenue estimates on Nov. 10.

“Our plan is to set priorities and make smart, pragmatic decisions about spending cuts now, so that Connecticut continues to live within its means,” McClure said in a statement.

Bloomberg

by Brian Chappatta

November 3, 2015 — 9:01 PM PST Updated on November 4, 2015 — 5:58 AM PST




Puerto Rico Governor Submits Electric Utility Restructuring Bill.

Puerto Rico Governor Alejandro Garcia Padilla’s administration sent to the island’s legislature a bill that would give its main electricity provider power to restructure about $8.3 billion of debt.

The Puerto Rico Electric Power Authority, known as Prepa, has been negotiating since August 2014 with its creditors on how to ease the utility’s debt payments and modernize a system that relies heavily on crude oil to produce electricity. Prepa faces a $1 billion shortfall for the fiscal year ending June 30, 2016, according to the governor’s legislation. The utility has a $196 million interest payment due to bondholders on Jan. 1.

“With this legislation we can realize the debt relief and savings offered by the creditor compromises and make the changes and investments needed to ensure that Prepa can provide the people and businesses of Puerto Rico with reliable power, stable rates and outstanding customer service for generations to come,” Javier Quintana Mendez, Prepa’s executive director, said Wednesday in a statement.

The utility has been hindered in its attempts to reorganize its finances because the commonwealth’s agencies don’t have access to bankruptcy, as do their counterparts in the U.S. A restructuring of the utility’s debt, which would be the largest ever in the $3.7 trillion municipal market, would serve as a key first step in Garcia Padilla’s plan for the island to reduce its $73 billion debt burden. The governor said in June that the island’s debt is unsustainable and has sought to gain concessions from creditors.

Electric Rate

The legislation will seek “a reasonable and stable electric rate” Jesus Manuel Ortiz, a spokesman for Garcia Padilla, told reporters Wednesday in San Juan.

Prepa should submit a request to change energy rates so revenue will cover annual debt servicing, “including principal, interest, reserves and other requirements imposed by the accords with creditors,” according to the legislation. Revenue should also cover costs such as the purchase of fuel, investments and general administration, according to the bill.

The legislation would enable Prepa to invest $2.4 billion to upgrade plants and give Prepa the authority to enter into public-private partnerships to help finance infrastructure improvements. Prepa’s new board would consist of seven members, including two people to represent citizens, Ortiz said.

The bill also seeks to improve Prepa’s process for collecting outstanding bills from public and private entities and change the utility’s ability to collect payments from municipalities.

Prepa and some of its bondholders reached a temporary agreement in September that would require investors to take a 15 percent loss in a debt exchange. The utility is also negotiating with bond-insurance companies that guarantee about $2.5 billion of Prepa debt against default.

The bill would give legislative authority to a deal that may emerge from the negotiations.

Bloomberg

by Michelle Kaske and Alexander Lopez

November 4, 2015 — 10:22 AM PST Updated on November 4, 2015 — 1:31 PM PST




The Teacher Who Could Gut Unions.

Rebecca Friedrichs’s challenge to mandatory fees could reduce labor’s political clout.

A Supreme Court decision coming by the end of June could be devastating for organized labor. The case, Friedrichs v. California Teachers Association (CTA), challenges a 1977 ruling allowing public-sector unions to charge nonmembers covered by union contracts mandatory fees to pay for the costs of collective bargaining. The lead plaintiff, Rebecca Friedrichs, is an elementary school teacher. She claims that being forced to pay money to California’s politically powerful and overwhelmingly Democratic teachers’ union as a condition of her employment violates her First Amendment rights.

Conservatives want the court to ban the mandatory fees. That would create a crisis for organized labor, about half of whose members are in the public sector; dues and fees made up $174 million of CTA’s reported $186 million in revenue in 2013. It could also cause trouble for Democrats, who depend on union support during elections. CTA reported spending $211 million on campaigns and lobbying from 2000 to 2009, according to Friedrichs’s suit, including $26 million to oppose a school-voucher proposition.

The Supreme Court has already said government workers can’t be required to fund union activities if they’re unrelated to collective bargaining. But the plaintiffs argue that collective bargaining is inherently political when the government is the employer. “One of the things people fight about in politics is, should you spend more money on teachers or police?” says Ronald Cass, a former dean of Boston University School of Law, who co-wrote an amicus brief in support of Friedrichs.

Unions’ best hope of winning rests with an unlikely ally: Antonin Scalia. He wrote in a 1991 case that, because the government requires public-sector unions to provide equal representation to nonmembers, it has an interest in making sure that service is paid for. “Where the state imposes upon the union a duty to deliver services, it may permit the union to demand reimbursement for them,” he wrote.

Scalia has also argued that the government has much more leeway to exercise control over its employees than over private citizens, a view that could help unions. “Private citizens perhaps cannot be prevented from wearing long hair, but policemen can,” he wrote in a 1990 dissent involving public employees in Illinois.

Scalia brought up police officers’ First Amendment rights again last year in a union fees case involving home-health-care workers supported by Medicaid. In oral arguments, Scalia posited a discontented cop who insisted on meeting over and over with the police commissioner to bug him for a raise: “The commissioner finally is fed up and tells his secretary, I don’t want to see this man again—has he violated the Constitution?” In that case, Scalia ended up joining the 5-4 majority opinion, which found that “quasi-public employees,” like home aides, can’t be required to pay union fees.

The biggest public-sector unions, including the American Federation of State, County & Municipal Employees (AFSCME), are already canvassing workers, asking them to become dues-paying members before the court rules on the case. Even pro-union workers may be tempted by the chance to have their representation for free, says Lee Saunders, president of AFSCME. “That’s going to be a hard choice for some people.”

by Josh Eidelson

Bloomberg Businessweek

November 5, 2015 — 4:06 AM PST




Puerto Rico Exodus a Boon for Florida Counties, Moody's Says.

The migration of Puerto Ricans to the U.S. mainland in search of work and better living conditions is proving to be an economic benefit to growing Florida municipalities such as Orange and Hillsborough Counties, according to Moody’s Investors Service.

The number of employed Puerto Rican workers in Orange County increased by almost 18 percent between 2010 to 2014, according to a Moody’s report released Tuesday. Coastal Hillsborough’s work force from the commonwealth has increased 31 percent during the period. The state’s September unemployment rate was 5.2 percent, less than half Puerto Rico’s 11.4 percent rate.

“With the in-migration feeding the ongoing expansion of industries in Orange County, the resulting dynamic is positive for the county’s credit strength,” Nisha Rajan, a Moody’s analyst in New York wrote in the report. “This expansion further increases the need for goods and services, augmenting sales tax and other local government revenues.”

Puerto Rico’s out-migration has increased by 40 percent from 2010 to 2014, according to Moody’s. The island’s economy has struggled to grow since 2006. Officials have increased taxes, curbed government hiring and cut social programs to help fix budget deficits. The commonwealth is seeking to reduce its $73 billion debt load by negotiating with bondholders to accept losses.

Transportation and tourism-related jobs in Orlando, the center of Orange County and home to Disney World, are attracting Puerto Ricans to the area. Puerto Ricans comprised 14 percent of the population of Orange County and 8.4 percent of Hillsborough, Moody’s said.

Residents of Puerto Rico are U.S. citizens and many are bilingual, making it easy to leave the island for work on the mainland. Moody’s estimates the commonwealth’s negative migration will continue through at least 2020. About 5 million Puerto Ricans lives in the U.S., compared with about 3.65 million in the island.

Bloomberg

by Michelle Kaske

November 3, 2015 — 2:54 PM PST




Illinois Faces Millions in Extra Debt Costs From Budget Fiasco.

When Illinois returns to the municipal market after its unprecedented 18-month borrowing drought, it may find its budget impasse will cost taxpayers millions of dollars in the coming decades.

On a $1 billion offering of 25-year tax-exempt bonds, it would cost about $175 million more now than if an equal amount was issued with spreads at 2014 levels, based on data compiled by Bloomberg that assumes the yield equals the interest rate paid. Now in its fifth month without a spending plan, signs are mounting that debt sales for cash-strapped Illinois are only going to get more expensive.

After initially planning to sell $1.25 billion in general obligations for capital needs, the governor’s office said in September that it wasn’t ready to announce any amounts or sale dates. The state’s credit rating has been cut by two of the three largest rating companies, it’s missing pension payments, and yield premiums demanded by investors are hovering near the highest since 2013. Illinois last sold debt in April 2014 for a top yield of 4.5 percent, about 1.1 percentage points more than benchmark securities. That spread has widened by about 70 basis points.

“Investors are going to ask for wider spreads over the near term if there’s not a resolution for this budgetary crisis,” said Dennis Derby, a money manager in Menomonee Falls, Wisconsin, at Wells Fargo Asset Management, which holds some of the state’s bonds among its $39 billion of municipal debt. “It’s a headline risk. It’s the potential for spreads to widen out even further.”

The Land of Lincoln’s lack of borrowing contrasts with localities nationwide that are selling bonds at the fastest pace since at least 2003. That’s saving states and cities millions of dollars as interest rates are near the lowest in half a century. Meanwhile, Illinois is sidelined by political gridlock. Republican Governor Bruce Rauner and the Democrat-controlled legislature are showing no signs of nearing an agreement for a spending plan.

Catherine Kelly, Rauner’s spokeswoman, said Illinois plans to sell bonds this fiscal year, which ends June 30. She declined to comment on why the state has gone so long without borrowing. Illinois can legally still borrow.

“Speaking very generally, state law allows bond sales in these circumstances,” according to an e-mailed statement from the Office of the Attorney General Lisa Madigan.

Kelly Hutchinson, formerly of A.C. Advisory Inc., started Monday as Illinois’s director of capital markets and will handle bond sales for the state.

But returning to the market would come at a cost, and the state doesn’t have extra money to spend these days. Investors demanded 1.7 percentage points more yield to own Illinois 30-year bonds on Nov. 3 versus benchmark munis. That’s the most of all 20 states tracked by Bloomberg.

Debt Service

Illinois is running out of funds on a daily basis, according to Comptroller Leslie Geissler Munger. Unpaid bills totaled $6.8 billion, as of Nov. 3. Still, debt service remains a priority “above everything else,” Munger said Oct. 14, after announcing the delay of a $560 million monthly pension payment in November because of the cash crunch. The December payment may also be postponed.

The postponed contributions led the State Employees’ Retirement System to request the largest-ever sum of cash from the Illinois State Board of Investment to cover retiree benefits. Its pensions are already underfunded by more than $100 billion after years of skipped contributions.

Moody’s Investors Service slashed Illinois’s rating to Baa1, three steps above speculative grade, on Oct. 22, following a downgrade from Fitch Ratings three days earlier to an equivalent BBB+. Moody’s also lowered the ratings of six public universities less than a week later, citing their exposure to the budget turmoil.

“The state’s low rating and trading levels preclude them from taking much advantage, if any, of lower interest rates,” said Paul Mansour, head of municipal research in Hartford, Connecticut, at Conning, which holds Illinois debt among its $11 billion of state and local securities. “It does hurt that way.”

Market Access

In the past, credit downgrades have delayed bond deals for the state. Illinois had to cancel a planned $500 million general-obligation bond sale in January 2013 because Standard & Poor’s dropped its rating five days before. Yet about two months later it returned with an even bigger $800 million offering that had narrower 10-year yield spreads than the market average.

Not everyone expects Illinois will stay a stranger to the $3.7 trillion municipal market despite its financial woes.

“We’ve seen them in the past when market access seemed to be somewhat tenuous come to market with a big deal that they priced very cheap,” said Jason Diefenthaler, who runs a high-yield muni fund at Wasmer Schroeder & Co. in Naples, Florida. The company owns Illinois bonds. “Problem issuers tend to come to market more often.”

Long-term, the budget situation is fixable, according to Ty Schoback, a senior analyst in Minneapolis at Columbia Threadneedle Investments LLC, which holds some Illinois debt among its $30 billion of municipal holdings.

“As long as there’s adequate compensation in price, in addition to us having a view that they will ultimately come to a fix and get past this political gridlock, we certainly would consider additional purchases,” said Schoback. “You need to be compensated for the headline risk and the political uncertainty and these BBB+ downgrades.”

Bloomberg

by Elizabeth Campbell and Brian Chappatta

November 4, 2015 — 9:00 PM PST Updated on November 5, 2015 — 6:30 AM PST




Munis Least Attractive to Treasuries Since 2014 as Payrolls Jump.

Prices in the $3.7 trillion municipal-bond market are the most expensive of 2015 relative to Treasuries after U.S. payrolls increased by the most this year, causing yields to jump on federal government debt on bets that stronger employment data will spur the Federal Reserve to raise interest rates.

Benchmark 10-year munis yield 2.18 percent, compared with 2.31 percent on similar-maturity Treasuries, data compiled by Bloomberg show. The ratio is a measure of relative value between the asset classes. It touched 93.7 percent Friday, the lowest since December 2014, signaling that tax-free bonds are pricey relative to their federal counterparts.

Ten-year Treasury yields jumped as much as 0.1 percentage point after a Labor Department report showed the U.S. gained 271,000 jobs, the most this year and higher than all estimates in a Bloomberg survey of economists. Average hourly earnings climbed from a year earlier by the most since July 2009, signaling Fed officials may move forward with a December rate increase.

Muni yields rose 0.05 percentage point to 2.18 percent on Thursday, the largest increase since July, data compiled by Bloomberg show. The figure, which was little changed as of 9:09 a.m. in New York, is the highest since Sept. 24.

The 10-year muni-Treasury ratio was as high as 111.3 percent in March. Over the past decade, the figure has averaged 97 percent.

Bloomberg

by Brian Chappatta

November 6, 2015 — 6:34 AM PST




Bloomberg Brief Weekly Video - 11/05/15

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

9:28 AM PST
November 5, 2015




Puerto Rico Government Development Bank at Risk of Receivership.

Puerto Rico’s Government Development Bank, which oversees the island’s finances, said it may fail to comply with legal reserve requirements by the end of December, putting the bank at risk of falling into receivership.

Puerto Rico’s Commissioner of Financial Institutions is examining the financial condition of the GDB, according to the commonwealth’s most recent financial disclosure, posted on the bank’s website late Friday.

The GDB serves as a source of liquidity for the Caribbean island and its municipalities. The bank estimates it may fall short of its legal reserve requirement by the end of 2015, according to the filing. That would put the bank in danger of operating under a receiver and further limit the commonwealth’s access to funds.

“If GDB is not in sound financial condition or becomes insolvent, the Secretary of Treasury may file a petition to a Puerto Rico court for the appointment of a receiver to suspend GDB’s operations and settle its obligations,” according to the filing.

The bank’s net liquidity as of Sept. 30 was $875 million, down from $1.1 billion in March. The GDB faces a $354 million debt-service payment on Dec. 1 and is working to raise funds to meet that obligation, according to the filing.

Outstanding Debt

Puerto Rico and its agencies had $70 billion of debt, including $12.7 billion of general-obligation bonds, as of Sept. 30, according to the filing. Commonwealth officials are seeking to reduce that debt load by asking bondholders to take losses or wait longer for repayment through a voluntary debt exchange. The island’s economy has contracted every year since 2006. It has $357 million of general-obligation interest due Jan. 1, yet the commonwealth’s cash flows show a negative balance in November, according to the filing.

Some investors believe general-obligation bonds would receive the strongest repayment because the commonwealth’s constitution stipulates that those securities must be repaid before other expenses. Yet bondholders cannot require Puerto Rico to raise taxes and no physical assets of the commonwealth may be foreclosed on to raise cash to pay general obligations, according to the filing.

Available Resources

If Puerto Rico failed to make a general-obligation payment, “the bondholders are only entitled to require the Secretary of the Treasury to apply available resources according to the constitutional priority provisions and do not have the right to compel the exercise of any taxing power of the commonwealth,” according to the filing.

Puerto Rico may take revenue currently used to repay certain highway bonds and convention center debt and redirect it to pay down general-obligation securities, if there are no other available resources, according to the filing.

“It is not certain what steps a commonwealth bondholder would be required to take or what proof such bondholder would be required to produce to compel the diversion of such funds from any such instrumentality to the payment of public debt,” according to the filing.

Bloomberg

by Michelle Kaske

November 6, 2015 — 7:20 PM PST




Voters Approve 79% of U.S. Municipal Debt Ballot Measures.

U.S. voters approved 79 percent of the $23.8 billion in municipal debt that local governments sought permission to sell on Tuesday’s ballots, according to Ipreo, a New York-based financial-market data provider.

The $18.9 billion included new bond authorizations for roads and water systems, economic development and other capital projects. The amount sought was the most in an odd-year November election since 2007, before the worst recession since the 1930s cut tax revenue and pushed states and cities into a period of austerity.
In this year’s biggest proposal, the Dallas Independent School District, won approval to sell $1.6 billion of debt to be used to replace and renovate schools that are more than a half-century old. Denver voters approved $778 million of debt to upgrade a facility for the National Western Stock Show and for improvements to a convention center. Meanwhile in Harris County, where Houston is located, voters endorsed $848 million of debt for road improvements, parks and flood control, according to county election returns.

Voters last year approved about 85 percent of the $44 billion on the ballot, more than twice the amount sought in 2010, according to Ipreo.

Bloomberg

by Darrell Preston

November 5, 2015 — 8:31 AM PST




Illinois Bond Sale Drought Hits Schools, Mass Transit.

ALGONQUIN, Ill. — District 300, Illinois’ sixth-largest public school system, has been waiting a decade for state dollars to complete a construction and improvement project that began with voter approval of $185 million of bonds in 2006.

The 21,000-student district in Chicago’s far northwest suburbs sold the bonds and was able to build, expand and update schools, officials said.

But not all of the projects that the district promised to parents, teachers and students were completed, and hopes for state money any time soon have been dampened by Illinois’ prolonged absence from the bond market and exacerbated by an ongoing state budget impasse.

District 300 had been counting on $30 million to $40 million in state construction grant money intended for roofs, asbestos abatement and heating and cooling systems for schools.

“There is part of us that feels we haven’t fulfilled the obligation to the community 100 percent,” said district Superintendent Fred Heid. “We were counting on leveraging those (state) dollars.”

A budget stalemate between Illinois’ new Republican governor and Democrats who control the legislature has led to gridlock and fed into last month’s downgrades of the state’s general obligation bond ratings to just three steps above the “junk” level by Fitch Ratings and Moody’s Investors Service.

Illinois, once a top issuer of municipal bonds, has been absent from the debt market for a year and a half despite having more than $4.8 billion of untapped bond authorization left from a $31 billion, partially bond-funded “Illinois Jobs Now!” program the state enacted in 2009.

Money on hand from state bond sales shrank to $552 million at the end of fiscal 2015 from $2.68 billion at the end of fiscal 2014, according to Moody’s.

Bruce Rauner, the state’s first Republican governor in 12 years, had pledged to pour “billions” into infrastructure. He has signaled Illinois will be resuming debt sales despite the lack of a state budget five months into fiscal 2016.

BIG SCHOOL CONSTRUCTION GRANT BACKLOG

In 2006, District 300 passed a “fairly contentious” referendum, and wants to avoid going back to voters for more money, Heid said.

He added that going back to voters could impede the district’s ability to finance future growth in students.

District 300 is one of 52 Illinois school systems on a 2004 list for grants funded through state bond sales. Lists maintained by the Illinois State Board of Education show 228 additional and unfulfilled grant requests made by schools between 2005 and 2015.

INFRASTRUCTURE PROJECTS STALLED

Metra, the Chicago area’s commuter train operator, said about $400 million of projects, including improvements to 16 stations, two rail yards and a major bridge replacement program, are on hold due to the lack of state bond money.

The transit agency, which is in the midst of a multiyear fare increase, said fares may have to rise even higher than expected in 2017 if it does not obtain proceeds from state bond sales next year.

“If you don’t take care of things in the beginning stage, they tend to need more comprehensive work done on them,” Metra Executive Director Donald Orseno said.

Illinois’ finances are sagging under a $105 billion unfunded pension liability and a chronic budget deficit that have left it with the lowest credit ratings and highest borrowing costs among the 50 states.

While the budget battle will delay a pension contribution, state bond payments are continuing.

A package of fees and taxes meant to pay off the “Jobs Now” bonds has fallen short of its revenue target. This is largely due to underperformance of a video gambling tax as some communities, most notably Chicago, blocked the gaming machines.

The package is expected to generate $830 million this fiscal year, short of legislative projections from 2009 that it would raise $943 million to nearly $1.2 billion annually, according to the Chicago-based Civic Federation.

By REUTERS

NOV. 3, 2015, 5:48 P.M. E.S.T.

(Editing by Daniel Bases and Matthew Lewis)




Federal Lawsuit Questions St. Louis Suburb's Municipal Fines.

ST. LOUIS — A federal lawsuit filed Wednesday alleged a St. Louis suburb whose population is largely black relentlessly tickets for things such as mismatched curtains, walking on the wrong side of a crosswalk and barbecuing in front of a house.

The Arlington, Virginia-based Institute for Justice, a public interest law firm, filed the suit on behalf of two Pagedale residents and is seeking class-action status. The lawsuit also asks a judge to halt the 33,000-resident suburb that’s just north of St. Louis from future enforcement of codes that the suit considers an unconstitutional tactic to feed city coffers.

The number of non-traffic municipal fines issued in Pagedale, which has a roughly 93 percent black population, has soared by nearly 500 percent in the past five years, the lawsuit said, with revenue from non-traffic tickets making up nearly one-fifth of the city’s budget.

Last year, the lawsuit said, 2,255 non-traffic tickets were doled out under the municipal code that authorizes citations for such things as having mismatched curtains, walking on the left side of a crosswalk, wearing saggy pants, having holes in window screens and having a barbecue in front of a house, according to the lawsuit.

“This case demonstrates that property rights are fundamentally civil rights,” said William Mauer, the law firm’s senior attorney and the plaintiffs’ lead counsel. “Pagedale treats its residents like walking, talking ATMs, making withdrawals by issuing tickets for ridiculous things that no city has a right to dictate.”

An Associated Press message seeking comment from Pagedale Mayor Mary Louise Carter was not immediately returned.

The lawsuit comes four months after Missouri Gov. Jay Nixon signed into law a measure that limits cities’ ability to profit from traffic tickets and court fines. That marked the first significant step taken by state lawmakers to address concerns raised after the August 2014 police shooting in the St. Louis suburb of Ferguson. Eighteen-year-old Michael Brown, who was black, was unarmed when he was shot to death by white Ferguson police officer Darren Wilson during a confrontation in a street.

A St. Louis County grand jury and the U.S. Justice Department cleared Wilson in Brown’s death, concluding evidence backed his claim that he shot Brown in self-defense after Brown first tried to grab the officer’s gun during a struggle through the window of Wilson’s police vehicle, then came toward him threateningly after briefly running away.

But the Justice Department issued a report in March, saying there was racial bias and profiling in Ferguson’s policing as well as a profit-driven municipal court system that frequently targeted blacks, who make up about two-thirds of Ferguson’s populace.

Since then, practices of many municipal court systems throughout the St. Louis area came under increased scrutiny.

Wednesday’s lawsuit was filed on behalf of Valarie Whitner and Vincent Blount, housemates who the suit alleges have received more than $2,800 in fines for such alleged infractions as having a downspout with chipping paint, not having a screen door behind their home and having weeds in their vegetable garden.

By THE ASSOCIATED PRESS

NOV. 4, 2015, 5:43 P.M. E.S.T.




Lawsuit Accuses Missouri City of Fining Homeowners to Raise Revenue.

PAGEDALE, Mo. — This spring, officials in this tiny city near St. Louis ordered Valarie Whitner to replace her siding; repaint her gutters, downspout and foundation; and put up screens or storm covers outside every window and blinds or curtains on the inside.

And that was before the list of demands moved on to her roof, fence and yard.

Ms. Whitner, 57, who works nights at a hospital, said she and her longtime partner felt swamped beneath the costs of paying for the city-mandated repairs and for fees, fines and court costs, which her lawyers say included at least $2,400 in violations. She took out a high-interest payday loan, which she still owes hundreds of dollars on and calls her “Pagedale money.”

“It was horrible,” Ms. Whitner said the other day from her living room, which she has decorated with do-it-yourself vases and paintings. “Pagedale just kept coming back to us, bothering us. At some point, this is all just a way for the city

In the aftermath of the fatal shooting of an unarmed teenager named Michael Brown by a white police officer in Ferguson, residents in this region described a pattern of mounting traffic fines, fees and arrests in the 90 municipalities that make up St. Louis County. Many such abuses were described in a scathing Justice Department report about Ferguson.

But the problems facing Ms. Whitner in Pagedale represent another issue: what many residents consider the abusive levying of fines or fees for minor nontraffic ordinances, often involving unsightly lawns or houses.

On Wednesday, lawyers from the Institute for Justice, a libertarian public-interest firm based in Arlington, Va., filed a civil rights complaint against Pagedale, which like Ferguson is in north St. Louis County. The complaint, filed in United States District Court for the Eastern District of Missouri, accuses the city of violating due process and excess-fines protections in the Constitution by turning its code enforcement and municipal court into “revenue-generating machines” to go after residents.

The complaint, which seeks class-action status, calls for an injunction against the city’s reliance on such fines.

“We hope that if the court agrees with us, the residents of Pagedale will no longer be treated as walking cash machines by their city government and that the city will limit its regulatory authority to things that actually affect health or safety,” said William R. Maurer, the managing attorney of the Institute for Justice’s office in Washington State. The three named plaintiffs in the lawsuit include Ms. Whitner and her partner, Vincent Blount.

Sam Alton, the city attorney for Pagedale, said the city strongly disagreed with any assertion that it had pursued housing violations to make money. The portion of revenue the city derives from such tickets is small, Mr. Alton said, adding: “It’s got nothing to do with driving up revenue. And it’s got everything to do with making the properties code compliant and safe.”

After the Justice Department’s report, which asserted that Ferguson was using law enforcement to generate revenue for its budget, Missouri lawmakers enacted legislation that lowered a cap on how much of a city’s revenues may come from traffic fines; in St. Louis County, cities were limited to 12.5 percent of their revenues.

But that law addresses only traffic violations, and some here worry that St. Louis County municipalities are turning to nontraffic fees and fines to make up the lost revenue. In the case of Pagedale, Mr. Maurer said he believed the city had begun doing that years ago when an earlier limit on traffic revenues was imposed. In the mid-1990s, the traffic-fine cap had been 45 percent until legislation began gradually reducing it.

“I think it’s appropriate for policy makers to be mindful that there may be another wave of profiteering that manifests itself in a different form, and continues to create a cycle of poverty,” Eric Schmitt, a Republican state senator who had pressed for the tougher limits on traffic fines, said in an interview. “If we see that, all options are on the table.”

The practice of many St. Louis County municipalities of using traffic and nontraffic fines and fees to finance their budgets has also led to calls for some of those towns to consolidate operations as a means of reducing government costs. A commission assigned by Gov. Jay Nixon to study the underlying causes of the Ferguson unrest issued a long list of recommendations that included consolidating some of the 60 police departments and 81 municipal courts that serve the county.

Residents here say leaders in Pagedale, a predominantly black city of trim homes and about 3,300 people a few miles south of Ferguson, pride themselves on the city’s appearance and on a recent burst of new development, which includes a grocery store and a movie theater that was set to open this week. Some spoke with pride of the city’s Police Department and carefully kept sidewalks.

Yet in recent years, some here say, warning notices have begun appearing on house after house. In 2013, the city generated 17 percent of its $2 million in revenue from all fines and fees, documents show, though Mr. Alton said the portion was lower now. According to an article in The St. Louis Post-Dispatch that first described the rise in nontraffic cases in the region’s municipalities, Pagedale officials issued 495 percent more tickets and citations unrelated to traffic in the years since 2010. City officials dispute that claim, saying the increase was smaller.

To hear residents here tell it, the violations can seem endless: having a wading pool in front of the front line of the house; having a dish antenna on the front of the house; wearing pants below the waist in public; having a hedge above three feet in the front yard.

Mildred Bryant, who has lived here for nearly 47 years, got a warning letter in May. Her house is old, she says, but not unsafe. Still, she was given no more than 30 days to fix a dozen violations, the letter said, or face a court summons.

“I’ve never really gotten in trouble before,” said Ms. Bryant, 84, the third plaintiff in the class-action lawsuit. “I wasn’t sure what to think. What is this all about all of the sudden? Is it about wanting more money?”

Ms. Bryant said she found several of the violations baffling, not to mention beyond her limited retirement income. “All windows need screens and window treatment such as blinds and or matching curtains, slats, etc.,” the letter said. She also was ordered to repaint her porch and building foundation, “touch up paint or repaint entire house,” cut back weeds and “treat fence line with brush killer.”

In the months since, Ms. Bryant said, her sons have helped her try to meet the requirements.

Mr. Alton said that the city was working with Ms. Bryant to help her get her home up to code, as it is with other residents. She has not been fined, only warned. The point, Mr. Alton said, is to make sure properties are safe and code compliant, not to collect money.

“You have a city that’s trying to live within the law and to make the city nice for its residents and make its properties safe,” he said.

THE NEW YORK TIMES

By MONICA DAVEY

NOV. 4, 2015




U.S. Voters OK 81.6 Percent of Bonds in Tuesday Elections.

(Reuters) – U.S. voters gave the green light on Tuesday to the sale of $18.9 billion or 81.6 percent of the about $23 billion of bonds cities, schools, parks and other issuers in the municipal debt market placed on ballots, according to results on Thursday compiled by data company Ipreo.

Nearly $3.2 billion of proposed bond issuance was rejected by voters while election results for about $1 billion of bond issues were still pending, Ipreo data showed.

Chris Mier, a muni analyst at Loop Capital Markets, said while the approval rate was a little higher than in recent years, the amount of bonds put up for voter approval has been dropping from a peak of over $100 billion in 2006.

The biggest issue winning approval was $1.6 billion of bonds for the Dallas Independent School District, while the biggest single referendum to lose was $287 million of bonds for a courthouse project in Travis County, Texas. Voters in Arizona’s Pima County rejected seven bond referendums totaling $815.7 million.

Issuance of muni bonds in 2015 totaled $332.5 billion as of the end of October, up 32.9 percent from the same period in 2014, according to Thomson Reuters data.

By REUTERS

NOV. 5, 2015, 5:30 P.M. E.S.T.

(Reporting By Karen Pierog; Editing by Bernard Orr)




U.S. Muni Market Ends October with $31.56 bln Supply.

Oct 30 U.S. municipal bond issuance totaled $31.56 billion in October, the biggest monthly supply since July, while November will launch next week with an estimated $6.61 billion in bond and note sales, according to Thomson Reuters data on Friday.

Sales of debt by U.S. states, cities, schools and other issuers this month totaled less than the nearly $35 billion sold in October 2014. Still, issuance of $332.5 billion so far in 2015 is up 32.9 percent over the same period last year, with refundings outpacing new money deals.

In the coming week, Massachusetts will sell $450 million of triple-A-rated commonwealth transportation fund revenue bonds through Citigroup, starting with a presale period on Wednesday, followed by formal pricing on Thursday. The bonds will be offered in serial maturities from 2017 through 2035 and term maturities in 2040 and 2045, according to the preliminary official statement.

The biggest competitive issues are from Nevada’s Clark County School District, which will offer $541.8 million of limited-tax general obligation new and refunding bonds in two deals on Tuesday.

Flows into municipal bond funds remained positive for the fourth-straight week with net inflows of $349 million in the week ended Oct. 28, according to Lipper, a unit of Thomson Reuters.

REUTERS

(Reporting by Karen Pierog; Editing by Dan Grebler)




S&P: Chicago's Ratings Unaffected By City Council's Budget Approval.

CHICAGO (Standard & Poor’s) Oct. 28, 2015 — Chicago’s City Council today approved Mayor Rahm Emanuel’s 2016 budget, ahead of its Dec. 31 due date, with minimal changes. Standard & Poor’s Ratings Services’ ratings are unaffected by the approval of this budget.

Despite Chicago’s efforts to address its longer-term structural issues (starting with the approval of the 2016 budget), we still consider the city’s financial problems substantial, particularly because we anticipate that the city’s required pension contributions will continue to increase and place pressure on the city’s budget–one of the primary drivers of our rating. In our view, the extent of the city’s structural imbalance, when factoring in required pension contributions, will take multiple years to rectify.

Most notably, and as an important first step to address Chicago’s longer-term pension costs, the city council approved the mayor’s proposed property tax increase, which will be used to make over $300 million of additional payments on city’s pension obligations. The budgeted pension contributions are based on the assumption that the state will approve a level of pension relief on the city’s police and fire pension obligations. However, if the state ultimately rejects the revised payment plan, and if that decision occurs before the mayor’s proposed tax rate is finalized, the city would have the option to further increase its property taxes by roughly $200 million in order to satisfy the higher pension contributions currently mandated under state law in 2016; although it is questionable whether the city would propose that option or approve it before the Dec. 31, 2015 budgetary deadline and the Dec. 29, 2015 tax levy deadline.

If the city does not or is not able to accommodate the currently mandated police and fire pension contributions in its budget, its intergovernmental revenues will be intercepted to cover the pension contributions. At this time, the likelihood of this scenario is uncertain, but the risk is partly reflected in our negative outlook, which takes into account the possibility of budgetary pressures from pension costs.

The 2016 budget adopted by the city council closes the roughly $233 million corporate fund budget gap and implements increased property taxes to bear the bulk of the city’s rising pension obligations to its police and fire funds. The 2016 budget allocates $978 million in total pension contributions across all of its pension funds, a 78% increase from its $550 million total pension contributions in 2015.

The budgeted 2016 contributions meet current state requirements for the municipal and laborers plans, but they are below what current state statutes require on the police and fire plans and below actuarially determined amounts for all four of the plans. The city is assuming the state will approve SB777, which calls for a five-year step up to the amounts currently required under state law for the police and fire pension funds. Current state law calls for a roughly $550 million increase in the city’s annual contributions to its police and fire plans starting in 2016; under SB777, the amount is $328 million. Under the adopted 2016 budget, the majority of the assumed $328 million police and fire contributions will be covered by $318 million of additional property taxes. The 2016 contributions to all four plans are well below the actuarially determined amount of $1.7 billion, according to the actuarial valuation dated Dec. 31, 2014.

While the actions taken in this budget to raise property taxes are intended to address the cost pressures in 2016, they may not be sufficient to mitigate the city’s financial stress. The city’s required pension contributions escalate each year, and each subsequent budget for the next five years will need to address these increased contributions. In our view, the city has historically been reluctant to raise taxes, which limits our view of its budgetary flexibility and management. While raising taxes is politically unpopular, we view property taxes as one of the more predictable and reliable choices of revenues. The phased-in approach to the pension contributions (which is also utilized in the city’s municipal and laborers pension plans) provides for larger contributions, but they remain at levels lower than actuarially
determined amounts. Overall, a phased-in approach could still be viewed as deferring payments because phased-in contributions would be less than the actuarially determined annual required contributions. Given the extent of city’s contribution increases, these obligations will likely be an impediment to the city achieving significant future budget surpluses and improving its budgetary performance, which we currently view as very weak.

The city faces additional budgetary pressure if the state does not approve SB 777 and the city is required to make the pension contributions currently required under state law. In this scenario, the city’s required pension contributions would increase by $200 million to $1.178 billion in 2016, putting even more stress on the city’s budget.

The 2016 budget also assumes that the Illinois Supreme Court will uphold the 2014 state law reducing benefits under the city’s municipal and laborers pension plans, which the Illinois Circuit Court previously struck down as in violation of the state constitution. While the city has budgeted for the increased contributions to those plans that accompanied the benefit reductions under the 2014 law, it is possible that the law may not survive court challenge. If the Illinois Supreme Court strikes down the law, the city’s contributions to the municipal and laborers’ pension plans would revert to the original, and lower, formula. In the short-term, this would benefit the city’s budget, but it would have negative overall ramifications because it would set the stage for greater budgetary pressure in the medium to long term as pension plan assets are depleted.

Given the uncertainty regarding the reform of its police, fire, municipal, and laborers pension plans, we expect city management to consider contingency plans for addressing its pension contributions and liabilities. We expect the city to continue to address the structural cracks in its corporate fund budget, as exemplified by budget gaps, which the city forecasts will continue for the next two years, and to find additional solutions to manage its pension and debt obligations in a structurally sound way.

We have determined, based solely on the developments described herein, that no rating actions are currently warranted. Only a rating committee may determine a rating action and, as these developments were not viewed as material to the ratings, neither they nor this report were reviewed by a rating committee.

Standard & Poor’s Ratings Services, part of McGraw Hill Financial (NYSE: MHFI), is the world’s leading provider of independent credit risk research and benchmarks. We publish more than a million credit ratings on debt issued by sovereign, municipal, corporate and financial sector entities. With over 1,400 credit analysts in 26 countries, and more than 150 years’ experience of assessing credit risk, we offer a unique combination of global coverage and local insight. Our research and opinions about relative credit risk provide market participants with information and independent benchmarks that help to support the growth of transparent, liquid debt markets worldwide.

Primary Credit Analyst: Helen Samuelson, Chicago (1) 312-233-7011;
helen.samuelson@standardandpoors.com

Secondary Contacts: John A Kenward, Chicago (1) 312-233-7003;
john.kenward@standardandpoors.com

Jane H Ridley, Chicago (1) 312-233-7012;
jane.ridley@standardandpoors.com




Orrick: KentuckyWired P3 Project Wins Top Award From CDFA.

​KentuckyWired, the innovative P3 project to expand high-speed Internet availability statewide, won the Excellence in Development Finance Project Award from the Council of Development Finance Agencies. The $324 million project, which will add over 3,200 miles of fiber op​tic cable statewide, is the first U.S. public-private partnership concession executed to fund the construction of a fiber optic network, and it was financed using a unique tax-exempt structure that was designed by Orrick’s Tax Group.

Congratulations to our team, which was led by Dan Mathews and Chas Cardall and included Ken Schuhmacher, Susan Long, Benjamin Bass and Walter Alarkon of the Energy & Infrastructure Group, Sarah Rackoff, Marc Bauer and Jennifer Grew of the Public Finance Group and Greg Riddle, Wolfram Pohl, George Wolf and Ashley Rodriguez of the Tax Group.

Contact

For more information, please contact us by e-mail pr@orrick.com or by phone: Ashley Laputka at (415) 773-5725 in San Francisco or Adi Weisman at (212) 506-5122 in New York.

10-23-2015




Kentucky Internet P3 Project Wins CDFA Award.

BRADENTON, Fla. – Kentucky’s novel statewide Internet project earned a top award from the Council of Development Finance Agencies.

The CDFA announced Oct. 22 that the KentuckyWired public-private partnership between the Commonwealth and Macquarie Capital won its Excellence in Development Finance Project Award.

“The work of our award winners is cutting edge, innovative, and an example of best practices in our industry,” said CDFA president and chief executive officer Toby Rittner.

The KentuckyWired P3 will install the 3,200-mile-long fiber optic backbone infrastructure to bring high-speed Internet service across the state, which currently ranks 46th in the country in broadband availability.

“The total project is the largest P3 fiber partnership in the country, and estimated to cost $324 million,” the CDFA said.

In August, the Kentucky Economic Development Finance Authority issued $232 million of 30-year tax exempt bonds to finance the project, which is the Bluegrass state’s first availability payment P3.

The deal received investment grade ratings of Baa2 from Moody’s Investors Service and BBB-plus from Fitch Ratings, which called the P3 a unique, first-of-its-kind approach to broadband connectivity on a statewide basis.

CDFA also named four other award winners.

The Excellence in Development Finance Program award went to the South Carolina State Small Business Credit Initiative Loan Participation Program.

The Excellence in Development Finance Innovation Award went to the Colorado Creative Industries Division while the Distinguished Development Finance State Agency Award went to the Colorado Housing and Finance Authority.

The Philadelphia Industrial Development Corp. received the Distinguished Development Finance Local Agency Award.

The winners will be honored during the CDFA’s National Development Finance Summit Nov. 3-6 in Charleston, SC, Rittner said.

THE BOND BUYER

by Shelly Sigo

OCT 23, 2015 3:08pm ET




USC Seeks Developer for Massive Student Housing P3.

The University of South Carolina (USC) is seeking a developer to replace four residence halls on its south campus with student housing towers containing up to 4,000 beds. The 18-22-acre campus village also would feature dining facilities, recreation and study space and parking.

The selected developer would lease the property from USC and design, build, finance, operate and maintain the buildings — ranging in size from three to six stories — for up to 40 years, according to the request for qualifications the university issued Sept. 23. Construction would be done in at least two phases over 10 years with a building containing the first 1,500 beds available for occupancy by July 2018. Responses to the RFQ were due Oct. 16.

The developer will pay USC a base rental fee each year and share profits. The university will set rental fees during the first year of operation — potentially after negotiating this issue with the developer — and the two would negotiate subsequent annual rent increases during the selection process.

USC is willing to consider several approaches to the delivery of operations and maintenance services during the lease term. Under the first option, the university would maintain and operate the village and be reimbursed for all costs by the developer. Alternatively, the developer would be responsible for operating and maintaining the village in accordance with university standards or could hire a third party to provide these services. A combination of these approaches also could be negotiated.

USC plans to issue a request for proposals to a select group of developers after reviewing the RFQ responses.

NCPPP

By October 21, 2015




Hamptons' Home County Turns to False-Alarm Fees After Downgrade.

For the billionaires with homes in Long Island’s Hamptons, a $50 fee for false security alarms won’t mean much. For Suffolk County, it would mean $7.3 million to help close a deficit that’s triggered a cut to its credit rating.

The fee is part of County Executive Steve Bellone’s $2.9 billion proposed budget that local lawmakers will vote on next month. If it’s adopted, the county would join a long-term push by local governments from Los Angeles to Cincinnati to claw back the more than $1.8 billion spent annually when police respond to phantom burglaries.

Suffolk’s government, despite the wealth of its beachfront communities, has been struggling with budget shortfalls since the end of the recession more than six years ago. Facing a $49 million deficit after already cutting the county’s payrolls by more than 10 percent, Bellone is searching for revenue to keep his promise not to raise property taxes by more than 2 percent a year.

“They’re really going to nickel and dime their people just to try to avoid whatever semantics they have on tax increases,” said Howard Cure, managing director for research in New York for Evercore Wealth Management, which holds some of the county’s debt among its $6 billion of investments. “You have to wonder whenever the next recession is, how prepared a county like Suffolk will be.”

Credit Impact

The persistent strains in the county of 1.5 million have tarnished its standing on Wall Street. On Oct. 8, Standard & Poor’s downgraded Suffolk County for the second time since 2012 by reducing the rating to A, the fifth-lowest investment grade. When it sold bonds this month, investors demanded yields of 2.9 percent on securities due in 2028, about a full percentage point more than benchmark debt, according to data compiled by Bloomberg.

With the false-alarm fee, Suffolk County is borrowing a tactic that’s long been used elsewhere. Los Angeles started billing alarm owners in 2004 because only about 5 percent of the calls police were responding to were actually burglaries. Cincinnati imposes a similar charge.

Such unnecessary dispatches are legion. Between 91 percent and 99 percent of security-alarm calls to police are false, said Simon Hakim, an economist at Temple University in Philadelphia. Fees like those being considered by Suffolk County — which will be $100 for businesses — still aren’t high enough to cover the cost, he said.

“Police should stop responding to false alarms,” Hakim said. “If they choose to maintain the service, they have to charge the full cost and some profit above it.”

In Suffolk County, about 14 percent of calls from security systems are false, which amounted to about 90,000 unnecessary ones in 2014 alone, said Vanessa Baird-Streeter, a county spokeswoman. Under the proposal, residents and businesses would also have to register their alarms, and the first two false calls would result in only warnings, she said.

Seeking Revenue

The alarm cash is part of a wider plan by Bellone to add an additional $42.2 million in revenue from new fees and increases to existing ones, including one aimed at the cost of billing residents for unpaid traffic and parking violations, according to an Oct. 16 report by the county’s Budget Review Office.

As the county legislature considers Bellone’s proposed spending plan ahead of next month’s vote, the Budget Review Office said it will have to find additional ways to cut spending or raise revenue after sales-tax collections fell short of expectations in the third quarter of this year. The drop indicates the county may miss Bellone’s sales-tax targets for 2015 and 2016 by a combined $48.6 million, the Oct. 16 report said.

Standard & Poor’s said that while the county has made progress since 2012 to balance the budget, further steps are still needed to bolster its reserves and make up for the slow pace of revenue growth. Fitch Ratings ranks Suffolk County at the same level as S&P, citing the persistent deficits and its high dependence on sales taxes.

The financial pressure has led investors to demand extra yields to hold its bonds instead of other securities, said Charles Grande, head of municipal research in New York at UBS Global Asset Management, which has $13 billion under management. That includes $13 million of Suffolk bonds.

“You take into account that you’re talking about a noteworthy credit in the muni market, and you’re fighting headline risk in terms of negative news on the county’s fiscal situation,” Grande said.

Bloomberg Business

by Freeman Klopott

October 26, 2015 — 9:01 PM PDT Updated on October 27, 2015 — 5:52 AM PDT




Jacksonville Pension Bled Money as Funding Shortfall Doubled.

Jacksonville, Florida’s police and firefighter pension’s poor results led it to underperform the market by hundreds of millions of dollars as its board failed to provide oversight of outside managers and out-of-control travel spending by its own staff.

Those are the conclusion of an audit of the underfunded $1.43 billion Jacksonville Police and Fire Pension Fund released on Wednesday. Poor investment decisions contributed to under performance of at least $370 million and failure to scrutinize investment management led to $36 million in excess fees over six years, according to the report by Benchmark Financial Services Inc., hired by the city this year to audit the pension fund.

“You can look at this board and see profound fiduciary lapses over the decades,” said Edward Siedle, president of Benchmark, in an interview. “The performance of the fund is a very clear example of the lack of oversight. They didn’t adhere to minimal standards they were legally bound to.”

Unfunded Liability

The pension liability, which has risen to $1.65 billion from $798 million in 2008, has caused a drop in the city’s bond rating, which drives up borrowing costs in the municipal-debt market. Meanwhile rising pension costs are crowding out spending for raises for city workers, street repairs, children’s programs and other city services, said Bill Gulliford, a councilman who pushed Jacksonville to hire Benchmark, according to remarks to be released with the report.

“A vast and staggering sum of money has been recklessly squandered, and now lost forever to this community,” said Gulliford. “I feel a profound sadness for our citizens.”

A Moody’s Investors Service report in July found that the city has the fifth highest pension liability as a percentage of operating revenue, at 403 percent, behind Chicago, Dallas, Houston and Los Angeles. “Pension payments will continue to constrict the city’s financial operations,” Moody’s said when cutting the city debt rating to Aa2 from Aa1 last year.

Mayor Lenny Curry declined to comment until he reviewed the report, said his spokeswoman, Marsha Oliver.

John Keane, the fund’s executive director since 1990, who is now a consultant, didn’t respond to a telephone call requesting comment. Keane retired in September only to be hired as a consultant during the transition to a new top executive.

Poor Decisions

Since 2000, the pension’s so-called funded ratio, or the amount of assets needed to cover future payments, fell to 39 percent from 87 percent in 2000, according to the report. The board failed to provide fundamental oversight for such things as verifying and reporting how well its investments performed or even how much it paid in fees to manage and track money under its control.

“Poor investment decision making by the board” contributed to its underfunded status, the report said, citing the example of $27 million of losses on energy master limited partnerships.

The board’s failure to scrutinize fees paid to investment managers cost $6 million a year in excessive charges over the past six years. It’s failure to review the damages to the fund caused by its former investment consultant over two decades cost an estimated $300 million to $500 million in under performance losses, the report said.

Keane as executive director has been controversial, the report said, because of his frequent travel to conventions, $400,000 in unused vacation pay and a personally created pension within the plan. The administrator has made 31 trips since 2010 to Canada, Scotland and other places, staying in hotels operated by Caesars Palace, Hotel Frontenac, Four Seasons and Trump Tower. Keane was also the lead negotiator for police and fire unions in efforts to reform the pension, according to the report. And it found that trustees and staff traveled to conferences put on by investment and law firms seeking to get hired as asset managers and for legal work.

Documents Subpoenaed

The report cited a host of documents the board and the pension fund failed to provide, including accurate performance and return information and key contracts used to procure services. The fund refused to turn over some of the records needed to fully conduct the audit, the report said. In some cases it didn’t have fee analysis prepared by investment consultants or other third parties that would allow the board to monitor the reasonableness of fees, the report said.

The city council is subpoenaing documents the fund failed to turn over and Siedle has agreed to review them and supplement the audit, Gulliford said in his remarks.

“While we have estimated fund under performance losses of approximately $370 million, we simply do not know for certain how well, or badly, the fund’s investments have performed over the decades,” the report said. “And, based upon the information we were provided, apparently neither does the board nor anyone else currently involved with the fund.”

Bloomberg Business

by Darrell Preston & Neil Weinberg

October 28, 2015 — 10:00 AM PDT




Chicago Tax Increase Spurs Bond Rally as Pension Debts Lingers.

Chicago Mayor Rahm Emanuel pushed through the biggest property-tax increase in the city’s history to help pay its annual pension-fund bills. Eliminating the $20 billion debt to retirees that’s pushed its bond rating to junk will still have to wait.

The city’s aldermen Wednesday voted 35 to 15 to boost real-estate levies by $543 million over the next four years. Emanuel, a Democrat who won re-election this year, said it will steady the city’s finances and avoid the need for police and firefighter layoffs.

The push has driven a rebound in the price of Chicago’s bonds, which tumbled after Moody’s Investors Service in May pulled the city’s investment-grade rating because of escalating retirement costs. It marks one of the strongest efforts yet to deal with financial pressure that built over the past decade as Chicago shortchanged employees’ pensions by billions, even though it may do little to cut the obligation that was left behind.

“No one should think that as a result of passing this property-tax increase and this budget that the city has accomplished stabilization of the pension funds or its overall finances,” said Laurence Msall, president of the Civic Federation in Chicago, who supports the tax increase, calling it a positive, needed step. “That is going to have to be worked on and evaluated every year going forward.”

Chicago has contributed $7 billion less than actuaries recommended over the last decade, which by last year left the public-safety, municipal and laborers funds with about 35.5 percent of what they need for retirement checks that will be due in the coming decades, city documents show. As the annual payments rise, the squeeze that has been put on the budget triggered a series of downgrades this year that have left Chicago with a lower rating than any big city except Detroit.

The tax will be increased by $318 million in 2015, followed by additional jumps of $109 million in 2016, $53 million in 2017 and $63 million in 2018. The funds will go to the police and firefighter pensions.

Emanuel praised the “decisive and determined” action by the council to address years of deferred payments and rising costs.

“I do believe the city of Chicago’s public finances are more secure, more stable, and stronger today than they were before,” Emanuel told reporters at City Hall after the passage of the real-estate levies and his $7.8 billion spending plan for 2016.

The uncertainty surrounding Chicago’s finances has been heightened by a political impasse in Illinois’s state capital, where Republican Governor Bruce Rauner and the Democrat-led legislature have been unable to pass a budget for the year that started four months ago. Emanuel has been counting on a law that would cut the city’s 2015 contribution to the public-safety pensions to $619 million from current law’s $840 million.

While lawmakers passed the bill in May, they haven’t sent it to the governor for his signature.

Kicking Can

Rauner in June called the plan “a kick the can down the road pension bill” without saying what he would do. Catherine Kelly, his spokeswoman, referred to those comments when asked whether he would sign it.

The nascent effort by Chicago to cope with the retirement strains has been welcomed by investors and credit-rating companies. Fitch Ratings called Emanuel’s budget a “positive credit development.” A portion of Chicago’s general-obligation bonds due in 2035 traded for an average of 98 cents on the dollar Tuesday to yield 5.2 percent. That price is up from 84 cents on May 18, soon after Moody’s cut the city to junk.

“Undoubtedly it’s the responsible thing to do,” said Ty Schoback, a senior analyst in Minneapolis at Columbia Threadneedle Investments, whose company manages about $30 billion in municipal bonds, including some Chicago debt. “At the end of the day, businesses and individuals just want to see that government is making steps toward stabilizing their financial situation.”

Emanuel has sought to shelter lower-income residents from the impact of the tax increase. His administration has asked Illinois lawmakers to allow Chicago to double the homestead exemption to $14,000. A bill that would do so was approved by a House committee last week.

Business groups argued that the higher taxes will punish employers already affected by a higher minimum wage that Emanuel championed. In January, Chicago will also have the highest sales tax in the nation because of an increase taking effect in Cook County, which needs to stem its own pension crisis.

“It’s another expensive burden,” said Michael Reever, vice president of government relations at the Chicagoland Chamber of Commerce. “It’s not good for the overall economic climate of the city, county and state to shift more of that responsibility and costs of these mandates onto businesses.”

Still Short

While the property tax increase shows that Chicago is willing to deal with its obligations, its annual payment is still “significantly short” of what actuaries would likely recommend, said Richard Ciccarone, chief executive officer of Merritt Research Services.

Chicago has budgeted $978 million in 2016 for its four pensions, up from $885.7 million in 2015, according to city documents. That still falls behind the 2014 actuarially-required contribution of $1.7 billion, according to bond documents.

“Taxpayers are going to be paying for past service for years to come after they’ve been retired,” said Ciccarone, who is based in Chicago. It’s “falling short while they leave a burden for the future.”

Bloomberg News

by Elizabeth Campbell

October 27, 2015 — 9:01 PM PDT Updated on October 28, 2015 — 1:15 PM PDT




Puerto Rico Leaves Bondholders Guessing on December Payments.

Puerto Rico Government Development Bank’s disclosure of its available cash is leaving investors wondering if they’ll be paid on Dec. 1.

The bank, which oversees the island’s borrowings, had $875 million of net liquidity as of Sept. 30, according to a posting Wednesday on the agency’s website. That’s more than twice the $354 million of principal and interest due in 33 days, with $276 million of the bonds guaranteed by the commonwealth. A spokesman for Puerto Rico’s governor reiterated Thursday that while the government plans to make its general-obligation bond payments, it may run out of cash in November and the administration will focus on providing essential services over paying creditors.

“I don’t trust anything they send out,” said Daniel Solender, who oversees about $17 billion as head of municipal debt at Lord Abbett & Co. in Jersey City, New Jersey, and holds the commonwealth’s debt. “It’s just hard to tell what’s real or not anymore. It’s almost more political than anything as to what they decide to do with the next payments.”

Governor Alejandro Garcia Padilla’s administration is seeking to reduce the island’s $73 billion debt load by asking investors to take a loss and delaying principal payments. Officials and commonwealth consultants met Tuesday with bondholder advisers that have signed non-disclosure agreements to discuss a potential debt restructuring after talks with GDB bondholders fell through the week before.

Available Funds

“Certainly it’s a possibility that the government will run out of money, and we’ve said that several times, but we’re trying to make sure that does not happen,” Jesus Manuel Ortiz, the governor’s spokesman, said in San Juan. “If we arrive at that moment, we will have to choose whether to pay the creditors or to continue providing essential services. The governor has always been consistent in his position that we will continue to provide government services.”

The GDB serves as a measure of Puerto Rico’s available funds. The Sept. 30 net liquidity level was the first monthly disclosure of the GDB’s available cash since June, when it gave the May 31 net liquidity amount of $778 million.

“We’re working in two ways,” Manuel Ortiz said during a press conference at the governor’s residence. “As much as in the negotiations with creditors, as in finding measures that will help us maintain the liquidity as quickly as possible to avoid a closing.”

If the GDB and Puerto Rico were to not repay the commonwealth-backed securities maturing Dec. 1, it would be the first default on the island’s direct debt. A Puerto Rico agency in August failed to repay principal and interest on bonds backed by legislative appropriation.

Obama Proposal

Prices on commonwealth bonds differ, depending on whether they are insured against default. The commonwealth-backed GDB bonds maturing Dec. 1 are insured by National Public Finance Guarantee. The securities last traded Tuesday at an average price of 99.8 cents on the dollar, for an average yield of 6.9 percent, according to data compiled by Bloomberg.

GDB bonds without Puerto Rico’s repayment pledge or bond insurance and maturing Dec. 1 last traded Tuesday at an average price of 47 cents on the dollar, Bloomberg data show.

The governor and Antonio Weiss, counselor to U.S. Treasury Secretary Jacob J. Lew, last week at a Senate committee hearing urged Congress to assist the island in its financial crisis. The Obama administration wants Congress to give Puerto Rico broad bankruptcy powers, increase health-care funding, and create a federal fiscal control board that would weigh in on the commonwealth’s spending.

Lord Abbett held, as of Aug. 31, the GDB bonds maturing Dec. 1, including securities guaranteed by the commonwealth and insured by National Public Finance Guarantee and also GDB bonds without Puerto Rico’s repayment pledge, according to data compiled by Bloomberg. Lord Abbett hasn’t participated in talks with the GDB because the firm declined to sign non-disclosure agreements and restrict itself in trading the securities, Solender said. He has yet to hear from the commonwealth or the bond trustee regarding the Dec. 1 payment.

“It just seems like all they’re doing is trying to build their case for Washington and it seems like the odds are pretty low,” Solender said. “And they’re waiting until the last possible minute to take any action.”

Bloomberg Business

by Michelle Kaske

October 29, 2015 — 11:42 AM PDT




Bloomberg Brief Weekly Video - 10/29/15

Taylor Riggs, a contributor to Bloomberg Briefs, talks with Joe Mysak about this week’s municipal market news.

Watch the video.

October 29, 2015




Fitch: Chicago Budget Passage Positive, Faces Significant Tests.

Fitch Ratings-New York-30 October 2015:  The Chicago City Council’s passage of the 2016 budget, including a significant property tax increase, is positive as it would create a recurring revenue stream to address the city’s rising pension expenses, Fitch Ratings says. However, it faces funding challenges in the near term. If an Illinois Senate bill is not signed by the governor this year, the city would be required to fund a much larger amount for public safety pensions in 2016. The state’s Supreme Court is hearing a case that could push reforms for the city’s other two pension plans back to their starting points.

The property-tax increase would raise $543 million and it would be phased in over four years. The forecast shows the average property tax bill would rise by 12%-13%. The budget also created new garbage and rideshare and taxi service fees.

However, significant challenges remain. The property tax increases are matched to the general government portion of the phased-in increases for police and fire pensions that would be required under Senate Bill 777. It was passed by the House and Senate in the spring of this year but has not been sent to the governor for his signature. Prospects for passage grow dimmer as time goes by. If it does not become an Illinois law in 2015, the city would be required to fund the entire incremental payment amount of approximately $543 million in 2016 from additional property taxes or other potentially nonrecurring means.

The sizable increase in the city’s pension obligations is largely due to a state law passed in 2010 requiring Illinois municipalities to shift to actuarially based annual contributions for policemen’s and firemen’s pension funds next year. A smaller portion is due to increased contributions for the city’s other two pension plans that are required under pension reform that is under legal challenge.

Efforts to shore up those non-public safety pension plans could be put into disarray if the Illinois Supreme Court rules against the city’s reforms to the Municipal and Laborers’ pension plans. That decision could cause the city to revert to an actuarially inadequate funding structure which would leave those two plans on a path toward depletion, or identify other sources to make even larger actuarially based deposits into the funds. Fitch maintains a Negative Rating Outlook on the city’s ‘BBB+’ rating. The ability of the city to meet all of its obligations, including actuarially based funding of its pension obligations, in a structurally balanced manner is paramount to the rating. The city’s reserves, including those in the general fund as well as the long-term reserve funds are an important aspect of the city’s overall credit quality. Drawing on them could trigger a rating downgrade.




Chicago Approves Emanuel's City Budget, Property Tax Increase.

CHICAGO — Chicago Mayor Rahm Emanuel’s $7.8 billion fiscal 2016 budget and a historic property tax increase to pay for public safety worker pensions easily cleared the city council on Wednesday.

But the spending plan for the fiscal year that begins on Jan. 1 still faces uncertainties in the Illinois Legislature and supreme court that could impair the mayor’s plan to address the city’s $20 billion unfunded pension liability.

Emanuel last month proposed a $543 million property tax hike phased in over four years, as well as fee increases and spending cuts in an attempt to fix the city’s financial crisis linked largely to pensions.

“The city council today took a big step forward in providing more stability and more certainty and a strong financial footing for the city going forward,” Emanuel told reporters after the 35-15 vote.

Some aldermen said there were no other viable options.

“This is the equivalent of a municipal illness,” said Alderman Patrick O’Connor. “We don’t have the option of saying no. We have the option of picking our choices for staying alive.”

Alderman Carrie Austin, who heads the council’s budget committee, said there was no place left to scour for savings or revenue.

“If there was a dollar to be found, we would’ve found it,” she said.

Ahead of the vote, Emanuel offered a stark choice – either slash vital public safety and other services or enact Chicago’s biggest-ever property tax increase.

If Chicago cannot get its finances under control, the third- largest U.S. city faces further downgrades by credit rating agencies, making it more expensive to raise funds through bond sales. The city’s rating was already dropped to “junk” by Moody’s Investors Service earlier this year.

Both Moody’s and Fitch Ratings said the use of higher property taxes to pay pensions is a positive step for the city. But the credit rating agencies noted parts of the mayor’s pension strategy are dependent on actions by the Illinois Legislature and the state supreme court, which will take up the constitutionality of a 2014 city pension reform law next month.

“Should these decisions not match the city’s assumptions, new operating pressures could materialize in the immediate- and longer-term,” Moody’s said in a statement.

Standard & Poor’s said Chicago’s financial problems remain “substantial,” and that given the pension uncertainties, it expects the city to have contingency plans.

“In our view, the extent of the city’s structural imbalance, when factoring in required pension contributions, will take multiple years to rectify,” S&P said in a statement.

Property taxes will be boosted between now and 2018 to cover state-mandated contribution increases to police and firefighter pensions. But the tax increase will fall short if Illinois’ governor does not enact a state law that would spread out annual contributions. The mayor is also pushing the state legislature for a bill to shield residential properties valued at $250,000 or less from the tax hike, although the city could consider a rebate program if that measure is not enacted.

The spending plan, which includes a $3.63 billion operating budget for fiscal 2016, creates Chicago’s first-ever garbage collection fee and generates new revenue from taxis and ride-sharing businesses. It also reduces the city’s dependence on so-called scoop and toss bond restructurings to $125 million from $225 million this fiscal year.

The budget includes an additional $45 million property tax increase to pay for Chicago Public Schools’ capital projects.

By REUTERS

OCT. 28, 2015, 5:03 P.M. E.D.T.

(Editing by Matthew Lewis)




Puerto Rico Faces Humanitarian Crisis Without Federal Action: Treasury

NEW YORK/SAN JUAN — U.S. Treasury Secretary counselor Antonio Weiss warned that Puerto Rico faces a humanitarian crisis without federal action, as he appealed to Congress to help the debt-ridden U.S. territory, in comments to a Senate committee hearing on Thursday.

Puerto Rico, a U.S. territory home to 3.5 million, is buckling under $72 billion in debt and a 45 percent poverty rate. With financial creditors resisting reductions to debt payments and political gridlock threatening proposed spending reforms, some Puerto Rican leaders have called on the U.S. government to step in.

Weiss said that without action by Congress, Puerto Rico’s crisis would escalate and reiterated that the Obama administration’s policies were “not a bailout” for the island.

He repeated the key points of a plan released by the Treasury on Wednesday, saying Congress should provide tools for Puerto Rico to restructure its liabilities, increase Medicaid support and boost economic growth through tax credits.

A key element of Treasury’s proposal is its endorsement of extending bankruptcy protections not only to Puerto Rico’s public agencies, but to the island’s government itself – a notion championed by some Puerto Rican leaders but seen as too radical to be politically practical.

Cities, towns and municipal agencies can file for under the U.S. Chapter 9 bankruptcy code, while states cannot. Puerto Rico is exempt from Chapter 9 because it is a commonwealth.

“Bankruptcy is not a bailout,” Weiss said, according to testimony released ahead of his remarks. “Allowing Puerto Rico to resolve its liabilities under the supervision of a bankruptcy court involves no federal financial assistance whatsoever. Instead, bankruptcy requires shared sacrifice from both Puerto Rico and its creditors.”

By REUTERS

OCT. 22, 2015, 10:45 A.M. E.D.T.




Obama Administration Draws Up Plan to Help Puerto Rico With Debt.

Looking for a way to help debt-ridden Puerto Rico, administration officials on Wednesday proposed an ambitious — if politically perilous — plan that stops short of a direct federal bailout but that its backers hope is sweeping enough to keep the island from becoming America’s Greece.

The plan would create a new territorial bankruptcy regime and impose new fiscal oversight on Puerto Rico, which is mired in the depths of a decade-long recession, running out of cash and struggling to make payments on $72 billion of debt. It represents an urgent bid by President Obama to offer a way forward. But it requires cooperation from a Republican-led Congress bent on imposing spending restraint.

In describing the package on Wednesday, administration officials emphasized that they had exhausted the limits of their own authority to help Puerto Rico, and needed quick action by Congress to avoid a catastrophe.

“Administrative actions cannot solve the crisis,” Jacob J. Lew, the Treasury secretary, said in a joint statement with Jeffrey D. Zients, the National Economic Council director, and Sylvia Mathews Burwell, the health and human services secretary.

“Only Congress has the authority to provide Puerto Rico with the necessary tools to address its near-term challenges and promote long-term growth,” the statement said.

The situation in Puerto Rico “risks turning into a humanitarian crisis as early as this winter,” one senior administration official said, speaking on condition of anonymity because the person was not authorized to speak publicly. Antonio Weiss, Mr. Lew’s counselor, will explain the administration’s plan in Capitol Hill testimony on Thursday.

The Puerto Rican government has already “done a lot” to restore fiscal order, the official added, but “Puerto Rico cannot do it on its own, and the United States government has a responsibility to 3.5 million Americans living in Puerto Rico” to step in with additional help.

The plan was shared late Wednesday with The New York Times and Agencia EFE, a news organization in Puerto Rico. On the same day, the island’s Government Development Bank said it had ended weeks of fruitless negotiations with certain creditors, aimed at persuading them to voluntarily accept lower bond payments. The bank has a bond payment of about $300 million coming due on Dec. 1.

THE NEW YORK TIMES

By MARY WILLIAMS WALSH, MICHAEL CORKERY and JULIE HIRSCHFELD DAVIS

OCT. 21, 2015




U.S. Treasury Supports Broad Bankruptcy Protection for Puerto Rico.

SAN JUAN/NEW YORK — The U.S. Treasury on Wednesday urged Congress to help debt-stricken Puerto Rico, saying the U.S. commonwealth needs the ability to file for bankruptcy protection, changes to Medicaid funding and access to the Earned Income Tax Credit.

“Only Congress has the authority to provide Puerto Rico with the necessary tools to address its near-term challenges and promote long-term growth,” Treasury said in a statement.

Puerto Rico, a U.S. territory home to 3.5 million, is buckling under $72 billion in debt and a 45 percent poverty rate. With financial creditors resisting reductions to debt payments and political gridlock threatening proposed spending reforms, some Puerto Rican leaders have called on the U.S. government to step in.

A bailout by the United States is seen as unlikely, but Wednesday’s statement from Treasury is the strongest indication yet that President Barack Obama’s administration supports some form of federal assistance for the island.

A key element of Treasury’s proposal is its endorsement of extending bankruptcy protections not only to Puerto Rico’s public agencies, but to the island itself – a notion championed by some Puerto Rican leaders but seen as too radical to be politically practical.

Cities, towns and municipal agencies can file for under the U.S. Chapter 9 bankruptcy code, while states cannot. Puerto Rico is exempt from Chapter 9 because it is a commonwealth.

“With the escalating crisis, bankruptcy protection is now needed for the commonwealth as well,” Treasury said in a 10-page proposal. “Congress should authorize a broader legal framework that allows for a comprehensive restructuring of Puerto Rico’s debts.”

Treasury would be a key ally for Puerto Rico in Washington, where the island has struggled to find powerful supporters.

Antonio Weiss, a counselor to Treasury Secretary Jack Lew, is scheduled to testify on Thursday at a hearing on Puerto Rico before the Senate Committee on Energy and Natural Resources.

Treasury’s proposal also calls on Congress to create a fiscal control board for Puerto Rico.

In a statement, Puerto Rico Governor Alejandro Garcia Padilla said his administration would seek to ensure that any such board respected Puerto Rico’s autonomy.

Still, Garcia Padilla lauded the Obama Administration for taking what he called the “historic step” of presenting a set of recommendations to help Puerto Rico.

The department’s proposal makes clear its view that resolving Puerto Rico’s crisis requires a debt restructuring and concessions from bondholders, and that pension benefits should be protected.

While Treasury has also called on Puerto Rico to fix its traditionally opaque financial reporting practices and instill more credible fiscal oversight, the proposal is generally in line with what the island itself has said it needs from Congress and its creditors.

By REUTERS

OCT. 21, 2015, 8:15 P.M. E.D.T.

(Reporting by Nick Brown in San Juan and Megan Davies in New York; Editing by Chris Reese, Diane Craft and Leslie Adler)




Moody's: Pension Underfunding, Potential Cost Shift Could Increase Credit Risk for New Jersey's School Districts.

New York, October 19, 2015 — Potential pension reforms to fix New Jersey’s (A2 negative) chronic teacher pension underfunding could lead to higher credit risk for the state’s school districts and their finances, Moody’s Investors Service says. A state commission is recommending reforming pensions by creating a new plan to be paid by school districts through savings realized from proposed, concurrent district and municipal health benefit reform.

The largest component of New Jersey’s FY 2014 $80.5 billion unfunded pension liability is the Teacher’s Pension and Annuity Fund (TPAF) at $53.8 billion, Moody’s says in “New Jersey Pension Underfunding Poses Risk to School Districts.” New Jersey currently pays all teacher pension and retiree health care costs.

“Since 2010, state pension contributions to TPAF have averaged only 15% of the annual required contribution (ARC), resulting in rapid liability growth. As the state has made efforts to increase its contributions, spending on pensions and other post-employment benefits have increased to 8% of the fiscal 2015 budget from 4.9% in 2010,” Moody’s Vice President Josellyn Yousef said.

The commission intends for the pension shift to be cost neutral for school districts through savings on benefit cuts at school districts and municipalities. However, if reforms fail or if the state decides to offload the pension burden in some other fashion, school districts can raise taxes, cut costs, borrow, or spend reserves to raise funds to cover the gap.

“Each option offers potential downsides or limitations,” Yousef said. “For example, raising taxes would be simplest but the ability and willingness of taxpayers to accept a higher levy may be limited.”

Further, Moody’s notes a potential wildcard via an ongoing lawsuit New Jersey faces regarding outstanding pension litigation which could meaningfully worsen the pension funding position owing to a 2011 cost-of-living adjustment (COLA) freeze. If the COLA freeze is reversed, it would materially increase the pension funds’ unfunded liabilities and annual contribution needs for TPAF by roughly 35%.

The report is available to Moody’s subscribers here.




Bloomberg Brief Weekly Video - 10/22/15

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

October 22, 2015




Puerto Rico Agency Said in Talks With Insurers to Raise Cash.

The Puerto Rico Electric Power Authority and insurance companies that guarantee repayment on some of its bonds are in talks to delay payments to free up cash and and help restructure $8.3 billion of debt, according to two people with knowledge of the matter.

A compromise with MBIA Inc., Assured Guarantee Ltd. and Syncora Guarantee Inc. is the missing piece in a plan announced last month in which some holders of uninsured bonds agreed to take a 15 percent loss in a debt exchange. The parties are working out details that would ease near-term debt payments, said the people, who asked for anonymity because the talks are private.

The negotiations come as Prepa, as the agency is known, won another eight days from investors that hold about 35 percent of its debt, and fuel lenders, to negotiate how to restructure its securities. The forbearance agreement, which now expires Oct. 30 and was set to end Thursday, keeps discussions out of court. This is the 11th extension since the parties first signed the agreement in August 2014. A Prepa restructuring would be the largest ever in the $3.7 trillion municipal-bond market.

Prices Increase

Lisa Donahue, Prepa’s chief restructuring officer, said Tuesday at a meeting organized by Puerto Rico’s Chamber of Commerce in San Juan that she’s confident the utility will come to an agreement with its bond insurers. Jose Echevarria, a spokesman in San Juan for Prepa, declined to comment Thursday.
The utility’s bonds maturing in July 2040 traded Thursday at an average price of 61 cents on the dollar, to yield 9.3 percent, according to data compiled by Bloomberg. The debt changed hands at about 50 cents at the start of the year.

“We continue to work with Prepa on a broad consensual settlement that would provide support from Assured Guaranty, and would put the utility on a sound financial footing,” according to a response from the bond insurer posted to its website Thursday night following a U.S. Senate committee hearing on Puerto Rico’s finances.

Michael Corbally, a spokesman for Syncora declined to comment. Greg Diamond, a spokesman for MBIA, reiterated that the insurer continues to work with Prepa, local government officials and other creditors toward a consensual solution.

Bankruptcy Proposal

The monolines, which insure about $2.5 billion of Prepa debt, are considering embedding in the potential debt exchange an instrument that would provide liquidity, one person said. Prepa and the bond insurers may reach a tentative agreement as soon as Friday, the other person said. The utility faces a $196 million interest payment on Jan. 1.

Doubts about the oversight of Puerto Rico’s broader finances is a sticking point in the discussions with the insurers, one person said. Governor Alejandro Garcia Padilla has filed legislation that would create a fiscal oversight board, with the five panel members selected by the governor and approved by the commonwealth’s Senate. A board on which members are separate from political leadership would provide better transparency and management of the island’s finances, the person said.

Prepa bondholders have objected to an Obama administration proposal released Wednesday that asks Congress to give the commonwealth and its municipalities access to bankruptcy protection to help reduce the island’s $73 billion debt load. The governor announced in June that debt payments were unsustainable.

Bloomberg News

by Michelle Kaske

October 22, 2015 — 2:07 PM PDT Updated on October 23, 2015 — 6:44 AM PDT




Mets Postseason Run Raises Fortunes of Citi Field Bondholders.

The New York Mets swept their way into the franchise’s first World Series in 15 years, and Citi Field bondholders are cheering along with the team’s fans.

Riding on this season’s playoff run, the team projects total 2016 attendance will rise by 500,000 to 3.1 million, generating an additional $25 million in revenue, according to a person familiar with the estimate. That’s on top of a 20 percent attendance increase this year.

The Mets beat the Chicago Cubs 8-3 on Wednesday night in Chicago, taking the seven-game series 4-0 and qualifying for the World Series. That’s good news for fans who suffered as the team cut payroll after the the majority owners of the club, led by Fred Wilpon, lost millions investing with Ponzi scheme swindler Bernie Madoff. It’s also good news for holders of almost $700 million Citi Field bonds, who’ve seen the ball park’s attendance and revenue fall below projections.

When the 42,000-seat Citi Field opened in 2009, the team projected an average attendance of about 37,980 in 2013, according to a bond offering statement. Instead, the Mets sold an average of 26,366 tickets per game that year, according to Baseball-Reference.com, falling short of projections by 31 percent. Last year, the Mets sixth consecutive losing season, turnout averaged 26,528.

Royals Boost

Boosting attendance to 3.1 million in 2016 would bring the average to 38,272. The Mets didn’t project attendance beyond 2013 in their bond offering statement. Mets spokesman Harold Kaufman declined to comment.
Attendance at Kansas City Royals games has increased almost 40 percent this year to 2.7 million, one year after they won the American League championship. The Royals lost to the San Francisco Giants in last year’s World Series. The Royals are one game away from the World Series.

A 500,000 increase in Mets attendance would result in a ‘meaningful” increase in the ratio of revenue available to pay debt service, said John Miller, co-head of fixed income at Nuveen Asset Management in Chicago. Nuveen is the largest holder of the longest-dated Citi Field bonds.

“I’m sure this season is going to help,” he said.

Scarcity Value

The Mets sold $613 million municipal bonds in 2006 backed by payments in lieu of property taxes, lease revenue and installment payments to finance the construction of Citi Field. The team also issued $82.3 million of insured debt in 2009, the year the ballpark opened. The 2006 bonds are rated Ba1 by Moody’s Investors Service and BB+ by Standard & Poor’s, one step below investment grade.

Citi Field bonds don’t trade frequently because investors hold them for their higher yields, Miller said. Citi Field bonds with a 5 percent coupon and callable in January 2017 traded Monday among dealers at a yield range between 2.8 percent and 3.4 percent. Top-rated bonds maturing in one-year yield 0.3 percent.
“There’s certain scarcity value to them that’s helping their performance,” Miller said.

In 2014, Citi Field generated about $117 million in revenue and had about $84 million in expenses, including a $43 million payment in lieu of taxes, according to a financial statement filed by Queens Ballpark Company LLC, a Mets subsidiary.

Citi Field bonds are rated below investment grade in part because of inadequate reserves to make up any deficits that may result from a players’ strike or an economic downturn, according to S&P. Debt-service reserves are guaranteed by a unit of Ambac Financial Group Inc., which had its rating cut to junk in 2009 because of losses it suffered insuring derivatives during the financial crisis.

An attendance boost alone won’t be enough for a rating change, said S&P analyst Ben Macdonald.
“If there was enough liquidity then it could be higher,” Macdonald said. “There isn’t at this point.”

Bloomberg News

by Martin Z Braun

October 21, 2015 — 12:42 PM PDT Updated on October 22, 2015 — 7:20 AM PDT




Puerto Rico Development Bank Ends Debt Talks With Creditors.

Puerto Rico’s Government Development Bank said talks with a group of bondholders over a restructuring of the agency’s debt and potential financing have ended after they failed to reach an agreement.

The development bank, which is closely tied to other government borrowers because it acts as a lender to the commonwealth and its localities, said in an e-mailed statement Wednesday that it continues to focus on a broader restructuring that would allow bondholders to voluntarily exchange their securities for new ones.

All seven of the members in the bondholder group exited the talks, according to two people with knowledge of the matter. The investors include Avenue Capital Management, Brigade Capital Management, Candlewood Investment Group, Claren Road Asset Management, Fore Research & Management, Fir Tree Partners and Solus Alternative Asset Management, said the people, who asked not to be named because the investor identities weren’t made public.

Representatives for each of the investment firms either declined to comment or didn’t immediately return messages left for comment.

Senate Hearing

The debt-swap talks ended as the GDB faces a $345 million principal and interest payment due Dec. 1, with $267 million of the bonds guaranteed by the commonwealth. The breakdown comes a day before Governor Alejandro Garcia Padilla, who is seeking to reduce the island’s $73 billion in debt, is scheduled to testify at a Senate hearing on Puerto Rico’s financial crisis. Officials have said the island may run out of cash in November.

“We do not believe that Puerto Rico has the ability to offer a strong enough exchange security to incentivize legacy holders to trade in their paper,” Daniel Hanson, an analyst at Height Securities, a Washington-based broker dealer, said in a note. “We further believe that the negotiating creditors, who likely made this clear to the GDB before beginning their negotiations, might be annoyed that the GDB did not have a good faith plan for exchanging debt when they sat at the negotiating table.”

Exchange Proposal

GDB bonds maturing February 2019, the bank’s most-actively traded security in the past three months, sunk nearly 3.3 cents when they were last traded Oct. 15 to an average of about 36.8 cents on the dollar, to yield 41 percent, according to data compiled by Bloomberg. That was the lowest average in more than five weeks, the data show.

The proposed transaction would have exchanged existing debt at prices equal to 130 percent of market value, according to an event filing posted on the Municipal Securities Rulemaking Board’s website, called EMMA. The new cash notes would have been priced with an 8.5 percent coupon at a 10 percent yield.

“We strongly believe that a voluntary adjustment of the terms of the commonwealth’s debt that allows the measures contained in the Fiscal and Economic Growth Plan to be implemented is the best way to maximize recoveries for creditors,” Melba Acosta, president of the GDB, said in a statement. “The GDB and the Working Group are engaging constructively with key stakeholders to achieve a comprehensive path forward, and we have begun the process of signing non-disclosure agreements and initial due diligence with a number of creditors.”

The U.S. territory had been seeking to restructure some of the development bank’s roughly $5.1 billion of obligations. The GDB on Sept. 30 offered the group of bondholders to exchange $850 million of existing GDB notes and sell $750 million of new tax-exempt debt issued by the Infrastructure Financing Authority and backed by taxes on petroleum products and guaranteed by the commonwealth, according to the filing.

The GDB has been working with Citigroup Inc. to help oversee its financial restructuring.

Bloomberg News

by Michelle Kaske and Laura J Keller

October 21, 2015 — 6:19 AM PDT Updated on October 21, 2015 — 10:18 AM PDT




California's Zombie Agencies Beat Rally as Mass Defaults Averted.

Since California shut down 400 authorities that redeveloped blighted neighborhoods, the $30 billion of bonds left behind have rallied as local governments defied speculation about widespread defaults.

Debt from the agencies returned 42 percent in the four years that ended Aug. 31, almost double the overall municipal market and beating the 28 percent for California tax-exempt bonds, according to an analysis by Nuveen Asset Management. Only two cities have missed payments on the securities since Governor Jerry Brown shuttered the agencies in early 2012 to help close the state’s budget shortfall.

The bonds, which are financed with local property taxes, have benefited from an orderly payment process overseen by the state and surging real estate prices. The assessed value of California properties increased 4.4 percent to $4.8 trillion in the year ended June 2014, exceeding the peak reached in 2009 before the full impact of the housing-market crash rippled through local tax rolls.

“Whenever there’s noise, there’s often opportunity,” said Stephen Candido, senior research analyst in Chicago at Nuveen, which holds the debt among its $230 billion of assets. “The market is often fearful. We were more focused on the long-term upside, knowing from early on that repaying these bonds would be a priority.”

Brown and his fellow Democrats in the legislature abolished the agencies to redirect about $1 billion of their funds to schools, which eased the financial pressure on the state in the aftermath of the recession.

Some consultants to cities warned at the time that they may be unable to cover the agencies’ debt bills. In 2012 Moody’s Investors Service downgraded $11.6 billion of the securities to junk, citing uncertainty about whether localities would renege on the obligations.

While San Bernardino, a city of 215,000 east of Los Angeles, said the burden contributed to its 2012 bankruptcy, elsewhere the impact has been more limited. The only cities that have missed bond payments are Riverbank, near Modesto with $15.4 million of the debt, and Monrovia east of Los Angeles, which has $11.75 million, according to Municipal Market Analytics in Concord, Massachusetts.

Legacy Debts

Municipalities once used the agencies to borrow for projects that improved blighted areas. A portion of the real-estate taxes that resulted were used to pay off the bonds. Since the agencies were closed, local governments have been required to outline their obligations every six months to the state Finance Department, which has the authority to require them to prioritize payments to bondholders.

The process has gone smoothly, said H.D. Palmer, a spokesman for the department.

The outcome contrasts with investors’ initial concerns, said Matt Fabian, an analyst with Municipal Market Advisers.

“RDAs are performing better in the market because much of the uncertainty about the sector’s transition has gone away,” Fabian said by e-mail. “Plus the turmoil in the last few years likely shook loose a fair bit of the retail owner base, leaving the bonds in institutional hands, implying a bit more trading and liquidity than most municipal sectors.”

Bonds Gain

The $85 million of San Jose redevelopment agency bonds maturing in 2030 traded Tuesday for an average price of $1.04 on the dollar, up from 77 cents in December 2011. That reduced the yield to 2.1 percent from 6.4 percent. Bonds sold by Stockton’s authority, which come due in 2036, traded Wednesday for 100 cents on the dollar, up from 87 cents in late 2011.

Moody’s no longer takes a dim view of the sector, said Robert Azrin, a senior analyst for the company. The median rating for California redevelopment debt is Baa1, three ranks above junk, he said.

“At the time, they were valid concerns, but with each year that’s passed, we’ve seen that these payment schedules have gone smoothly,” Azrin said. “With the passage of time, a lot of the risks we identified haven’t come to fruition.”

Many redevelopment bonds may also be refinanced in the next couple of years as securities issued in 2006 and 2007 reach their 10-year calls, which allow the local governments to pay them off early at face value, said Candido, the Nuveen analyst. He said he expects the bonds to remain popular among investors because governments have been meeting their obligations.

“Here we are in 2015 and they’re finally addressing the concerns of investors,” he said.

Bloomberg News

by James Nash

October 20, 2015 — 9:01 PM PDT Updated on October 21, 2015 — 10:03 AM PDT




Banks May Balk at Financing $68 Billion California Bullet Train.

California is counting on private companies to kick in as much as $35.5 billion toward the most expensive public-works project in U.S. history, a proposed high-speed rail line linking San Francisco with Los Angeles. Banks and other contractors who’ve studied the plan say not so fast.

Even as builders clear land and begin work on viaducts near Fresno for the bullet train’s initial segment, financiers solicited by the state rail agency are calling on California to pitch in more than the $10 billion in bond funds already committed in order to give potential investors confidence that the project will become reality.

Their responses point out a dilemma for Democratic Governor Jerry Brown and other supporters of the line: persuading reticent taxpayers to ante up more than already approved under a 2008 bond measure as support for the project declines, though private investors may stay away unless they see a bigger public buy-in.

“We still have a funding gap,” rail authority chairman Dan Richard said at an Oct. 6 board meeting at which officials outlined responses from 36 firms and groups of companies asked to outline potential funding packages. “But we’re going to build this project notwithstanding that, because we can close that funding gap.”

Barclays Plc, AECOM and Kiewit Corp. were among the builders, lenders and contractors who responded to the California High-Speed Rail Authority’s request for expressions of interest by companies. The authority released the responses under a public-records request.

Large Financing

“Given the proposed delivery approach and available funding sources, we believe there are a number of concerns which the authority must address,” Kiewit, which reported $10.4 billion in revenue last year, said in its response. “The ability to service raised financing does not mean that such a large financing amount could in fact be raised.”

Backers of the train are counting on the private sector to finance most of the costs, after voters in 2008 authorized $9.95 billion in general-obligation bonds. Other sources of money include $3.2 billion in federal grants and 25 percent of the proceeds from auctioning credits to emit greenhouse gases under the state’s cap-and-trade program, which is estimated to yield the project $500 million a year.

Brown spokesman Evan Westrup did not immediately respond to an e-mail asking whether the state could increase its funding pledge. Lisa Marie Alley, spokeswoman for the rail authority, said the responses from the firms confirmed that “ridership and revenue would be available once the system is in operation and revenue is demonstrated.”

Critics including Congressman Jeff Denham, a Turlock Republican who represents an agricultural area to be bisected by the rail line, have called the project a “boondoggle” that will run out of money before it reaches population centers. Construction is under way in the lightly populated San Joaquin Valley on the first 29 miles (47 kilometers) of what’s envisioned as an 800-mile network with trains speeding as fast as 220 miles per hour.

Richard said that the state is constrained because the 2008 ballot measure approved by 53 percent of voters allowed only for $10 billion. Several polls since then have shown support for the project slipping below 50 percent.

Boost Commitment

Even so, the state and federal governments need to boost their commitment both to narrow the funding gap and persuade investors that the train will pay dividends, several companies said in their responses to the authority.

As of 2012, there were no similar projects anywhere in the world where the government paid less than half of the cost, according to John Laing Group Plc, a London-based investor and manager of infrastructure projects, including rail in its home country.

“Thus, we would anticipate the project would require comparable levels of capital contributions during construction,” the company said.

AECOM suggested that the state break down financing into a series of smaller segments of no more than $5 billion to attract investors. The Los Angeles-based infrastructure company also advised “significant” government contributions.

The state should be able to borrow $10 billion to $12 billion against the annual cap-and-trade revenue, Barclays said. The London-based bank invested in a high-speed rail project in South Africa that linked Johannesburg and Pretoria in 2010, and has underwritten municipal bonds in California.

Legal Challenges

California will need to prevail in legal challenges against devoting cap-and-trade proceeds toward rail, create a mechanism to borrow against the proceeds, extend the carbon-trading program beyond 2020 and lock in a 25 percent commitment of the revenue for high-speed rail as long as the obligations are outstanding, Barclays said.

California also would need to subsidize operations for at least a decade, according to Cintra Infraestructuras SA, a subsidiary of Ferrovial SA, a Spanish builder of roads, rail and airports in Europe, North America, Australia and the Middle East.

“It is doubtful that there is enough capacity in the debt markets for this type of project,” Cintra concluded.

Bloomberg News

by James Nash

October 19, 2015 — 2:00 AM PDT




Without Ticket Revenues, St. Louis Area Having Trouble Funding Police.

The aftermath of racial turmoil in Ferguson, Mo., is exacting a toll on St. Louis-area communities that built their finances around speeding tickets, thanks to a state law limiting the income they can draw from traffic fines.

The city council of Charlack last week decided the community of 1,400 can’t afford an eight-officer police force under the new law, which says traffic citations in St. Louis County municipalities can’t exceed 12.5 percent of annual operating revenue, down from 30 percent. Policing in Charlack and in nearby Wellston, which dissolved its 23-officer force in May, is now handled by a recently created cooperative of local departments.

The 2014 police shooting of 18-year-old Michael Brown in Ferguson forced a national re-examination of what critics call “taxation by citation,” a situation exacerbated by the sheer number of departments, 18,000 throughout the U.S. A bill is pending in Congress to restrict the amount of revenue local governments can collect from traffic citations. In St. Louis County, which has 90 municipalities and 59 individual police departments, more communities are expected to follow the lead of Charlack and Wellston.

“This will have lawmakers around the country taking a second look at their agencies and making certain that the sole purpose of their existence is not for revenue, but to serve the public interest,” said Chuck Wexler, executive director of the Police Executive Research Forum, a Washington nonprofit. “Police departments should not exist if their sole purpose is to generate revenue. That’s what we have tax collectors for.”

Tense relations between the majority-black residents of Ferguson and the city’s mostly white police force grew in part from the excessive issuance of tickets. Some area municipalities were generating more than half their annual operating revenue from citations.

Charlack Mayor Frank Mattingly said disbanding the police and joining the local cooperative will save the city about $170,000. There was no alternative to shutting the department, which cost $520,000 to operate, roughly half the town’s annual budget.

“A lot of police officers aren’t writing tickets because they’re afraid they’ll get in trouble,” Mattingly said. “Why were we singled out?” Mattingly said more towns will be forced to consolidate their police with neighboring communities, which he said he believes is the intent of the new law.

“There’s nothing else they’ll be able to do,” he said.

St. Louis County, a suburban area of 1 million people, forms a crescent around its namesake city. About a third of the 59 departments cover less than one square mile, according to an April 30 report from the Police Research Forum.

“In many municipalities, policing priorities are driven not by the public safety needs of the community, but rather by the goal of generating large portions of the operating revenue for the local government,” the report said.

Missouri state Sen. Eric Schmitt, a Republican from St. Louis County and sponsor of the new law, said some municipalities have “broken down the trust” between residents and the police.

“Some of these communities have used their citizens as ATMs with these speed traps,” Schmitt said, pointing to economic pressures.

In the six years since the closing of the Northwest Plaza mall, the suburb of St. Ann increased the number of traffic citations 10-fold. Edmundson Mayor John Gwaltney reminded his town’s sergeants and patrolmen in an April 2014 memo that “tickets that you write do add to the revenue on which the P.D. budget is established and will directly affect pay adjustments at budget time.”

The Ferguson turmoil has expanded the national focus beyond frictions between blacks and police departments to the practice of ticket-writing, regardless of race.

In Colorado, the town of Nunn, which is about 31 miles south of Cheyenne, Wyo., depends on speeding citations for about 30 percent of its revenue, said Police Chief Joe Clingan. With 440 residents _ mostly senior citizens _ and few businesses, the city lacks the revenue sources that support most municipal governments, he said.

“We don’t have any tax base and no retail,” Clingan said. “If they want a town government, someone has to pay for it.”

It shouldn’t be drivers, said U.S. Rep. Emanuel Cleaver, a Missouri Democrat and sponsor of the proposed federal law restricting ticket revenue.

“That is a poor excuse and a bad plan for economic development,” Cleaver said.

Cleaver’s bill would establish a 30 percent limit on all municipalities and, he said, would have the effect of encouraging small police departments to merge with those of neighboring towns or have their patrolling done by the county.

“It would cost a lot less for these small towns to pay money to the county and have the county police patrol the area than to do it on their own,” Cleaver said.

BY TRIBUNE NEWS SERVICE | OCTOBER 23, 2015

By Tim Jones

(With assistance from Jennifer Oldham in Denver.)

(c)2015 Bloomberg News




A Bullet Train Into a Fiscal Swamp?

Construction is underway on California’s $468 billion bullet train connecting Los Angeles and San Francisco. But the closer you look at the project, the shakier its finances appear.

The good news is that 36 companies from around the world responded to the California High-Speed Rail Authority’s request for suggestions about how to complete the project, and many expressed a willingness to participate. The bad news is that several of the respondents expressed serious concerns about the bullet train’s finances.

Perhaps the biggest concern was whether fare revenues would cover operating costs. The plan that state voters approved to fund the project bans the use of public subsidies for the operation of passenger service. State officials have long claimed that the line will turn a profit as soon as the first 300-mile segment between the San Fernando and Central valleys opens, but that hardly seems certain.

In its response to the authority’s request, Spanish construction company Sacyr wrote that “it is our opinion that revenue from ridership may not be sufficient to cover all [operation and maintenance] cost.” If Sacyr is right, does anybody doubt that maintenance is what would lose out? Skimping on maintenance saves money in the short run but dramatically increases costs over time and degrades service quality.

Subsidiaries of the Spanish company Ferrovial SA wrote that “it is highly unlikely that the [California system] will turn an operating profit within the first 10 years of operation and that “more likely, [the system] will require large government subsidies for years to come.”

The Ferrovial subsidiaries also noted that most high-speed rail systems around the world require operating subsidies and suggest that the same will probably be true for California’s. That is certainly at odds with High-Speed Rail Authority Chair Dan Richard’s assertion that every major high-speed rail system in the world operates without subsidies. It’s also at odds with the argument made by other high-speed rail boosters, that “every form of transportation requires government investment.”

If any high-speed rail line is likely to require subsidies, it’s California’s. The Los Angeles Times looked at a number of major rail corridors. Fares range from 25 cents per mile on Italy’s Milan-to-Salerno line to 50 cents per mile for Amtrak service between Boston and Washington, D.C. California’s bullet train plans to charge 20 cents per mile.

There is also uncertainty around the project’s capital funding. The state is committed to provide up to $500 million per year until at least 2020 from money it expects to collect from companies to offset carbon emissions. But these greenhouse gas fees are untested as a funding source, and post-2020 public funding is uncertain. While a number of firms have expressed a willingness to participate in the project, none have yet offered to put up their own money.

Since what feels like the beginning of time, governments have built transportation assets with revenue sources that are inadequate to fund ongoing operation and maintenance costs. California’s bullet train takes this bad practice a step further because the state only has on hand about half of the $31 billion needed to build the initial segment of the line.

Few public assets are more important to regional economies than transportation infrastructure. But moving forward on those projects without sufficient revenue sources usually results in a trip to a quagmire.

GOVERNING.COM

BY CHARLES CHIEPPO | OCTOBER 23, 2015




BlackRock Infrastructure Joins Michigan’s Freeway Lighting P3.

BlackRock Infrastructure will participate in a public-private partnership to upgrade and maintain Michigan’s freeway lighting system.

The international investment management firm will join forces with the Michigan Department of Transportation (MDOT) and Freeway Lighting Partners, which announced the P3 in August.

BlackRock-managed funds will finance the replacement and upgrade of approximately 15,000 freeway and tunnel system lights in the metropolitan Detroit region with energy-efficient LED lights. Blackrock will be responsible for ensuring that 95 percent of the lights remain operational for a 15-year term, which includes a two-year construction period.

More than 85 percent of metro Detroit’s freeway lights are outdated high-pressure sodium or metal halide fixtures, and about 30 percent of them don’t work. The state expects to save $35 million by using a P3 to replace and maintain them, MDOT spokesman Jeff Cranson said, according to Crain’s Detroit Business.

The contract is valued at $123 million. MDOT will receive an additional $79 million in federal funds for the project, which, with energy consumption factored in, has an estimated cost of $145 million.

NCPPP

October 23, 2015




Broward County Airport Deal is Largest U.S. Muni Sale Next Week.

Oct 22 – Broward County, Florida, plans to issue $488.9 million of airport system revenue bonds, the largest sales to hit the U.S. municipal market next week, according to Thomson Reuters data.

Altogether, U.S. municipal bond issuers are expected to offer about $4.1 billion of municipal bonds and notes, down from about $8 billion this week, the data showed.

The sale in Broward County, which operates the Fort Lauderdale-Hollywood International Airport and the North Perry Airport, comes as the municipal airport sector has recently seen signs of improvement. The 20 busiest airports have all experienced growth in passenger boarding revenue and above-average growth at international gateways. Two of the nation’s largest airports, Chicago’s O’Hare and Atlanta’s Hartsfield Jackson, were upgraded.

Airport bond volume is on pace to be flat in 2015 and 20 percent below average since 2008, according to Wells Fargo Securities. Primary market issuance was $12.1 billion in 2012 and $18.6 billion 2010.

“We see airports as resistant to the challenges faced by state and local governments with respect to post-employment benefits,” Wells Fargo reported last week. “Demand is not all that surprising as investors in municipal airports have been rewarded over the past three years with relatively attractive returns as have toll road investors.”

Airports have benefited from lower energy prices and a gradually improving economy. They have also weathered the most recent cycle of airline consolidation, which added stability to the sector, according to Janney Fixed Income Strategy.

The mergers may impact airports disproportionately, however. American Airlines, for example, now has nine hubs, which “may be more than needed,” Janney noted in a report earlier this month. That may leave airports, such as Philadelphia, particularly vulnerable to traffic decline if American Airlines were to cut back.

The Broward County airport sale is rated A+ by Standard & Poor’s Ratings and A1 by Moody’s Investors. The lead manager is Raymond James.

REUTERS

(Reporting by Robin Respaut; Editing by Frances Kerry)




Municipal Bond Sales Poised to Decelerate as Redemptions Rise.

Municipal bond sales in the U.S. are set to decrease in the next month while the amount of redemptions and maturing debt rises.

States and localities plan to issue $7.8 billion of bonds over the next 30 days, according to data compiled by Bloomberg. A week ago, the calendar showed $11.2 billion planned for the coming month. Supply figures exclude derivatives and variable-rate debt. Some municipalities set their deals less than a month before borrowing.

Broward County, Florida, Airport System plans to sell $489 million of bonds, Tennessee has scheduled $416 million, Florida State Board of Education will offer $230 million and California State Public Works Board will bring $223 million to market.

Municipalities have announced $13.8 billion of redemptions and an additional $10.6 billion of debt matures in the next 30 days, compared with the $21.3 billion total that was scheduled a week ago.

Issuers from New York have the most debt coming due with $2.63 billion, followed by California at $1.15 billion and Michigan with $695 million. New York City Transitional Finance Authority has the biggest amount of securities maturing, with $767 million.

Fund Flows

The $3.6 trillion municipal market shrank by 4 percent in 2014. This year, maturities are poised to drop 38 percent to $176 billion from the 2014 levels.

Investors added $617 million to mutual funds that target municipal securities in the week ended Oct. 14, compared with an increase of $558 million in the previous period, according to Investment Company Institute data compiled by Bloomberg.

Exchange-traded funds that buy municipal debt increased by $211.3 million last week, boosting the value of the ETFs 1.19 percent to $18 billion.

State and local debt maturing in 10 years now yields 100.4 percent of Treasuries, compared with 102.3 percent in the previous session and the 200-day moving average of 102.6 percent, Bloomberg data show.

Bonds of Tennessee and Michigan had the best performance over the past year compared with the average yield of AAA rated 10-year securities, the data shows. Yields on Tennessee’s securities narrowed 7 basis points to 2.05 percent while Michigan’s declined 2 basis points to 2.32 percent. Puerto Rico and Illinois handed investors the worst results. The yield gap on Puerto Rico bonds widened 64 to 10.67 percent and Illinois’s rose 28 basis points to 3.96 percent.

Bloomberg News

by Kenneth Kohn

October 26, 2015 — 3:59 AM PDT




Montgomery County, Md., Must Meet MS4 Permit Obligations Despite Rulings: Holland & Knight.

HIGHLIGHTS:

Maryland courts have issued two important decisions pertaining to the ability of Montgomery County, Md., to assess and collect stormwater management fees from a private landowner and the validity of the Municipal Separate Storm Sewer System (MS4) Permit issued by the Maryland Department of the Environment (MDE) to Montgomery County.

MS4 permits are required under federal and state law to address stormwater runoff impairing water quality and to ensure that the municipalities manage, implement and enforce stormwater management programs to comply with Maryland’s receiving water quality standards. In Maryland Department of the Environment, et al. v. Anacostia Riverkeeper, et al., the Maryland Court of Special Appeals held that the MS4 permit requires the county to “implement or install best management practices on 20 percent of the impervious surfaces within the county in an effort to restore the pollution reductions functions performed by undeveloped land” and to submit “a long term schedule for completion of detailed assessments of each watershed in the County.” In order to fund these projects, Montgomery County assesses a Water Quality Protection Charge (WQPC) against all property (including businesses, HOAs and non-profit organizations) based on the potential for a property to contribute to stormwater runoff.1

In one case, the court held that the MS4 permit was faulty because it was not specific enough concerning the manner in which the county measures compliance with water quality goals. In the other, the court held that the county’s collection of a fee from a developer was inconsistent with state law. While these cases may be seen as a setback to Montgomery County, they do not alleviate the need of the county (and like counties in Maryland) to continue retrofitting impervious acres and finding a way to pay for it. Assuming the decisions stand, both the county and state can address the courts’ concerns with greater explanation of the rationale behind their decisions. Meanwhile, jurisdictions and counties across the region have begun looking at unique, alternative delivery mechanisms, such as public-private partnerships as a means to adhere to MS4 requirements while being more cost-effective. Given that overall requirements to clean up the Chesapeake Bay remain, creative solutions such as public-private partnerships may look increasingly attractive. These court rulings should not affect such creative solutions. In fact, they may make them more attractive.

Stormwater Fees

In Paul N. Chod v. Board of Appeals for Montgomery County, the Montgomery County Circuit Court heard a challenge to Montgomery County’s stormwater remediation fee (Section 19-35 of the County Code), also known as the WQPC. The challenge was brought by developer Paul Chod in response to an $11,000 WQPC bill assessed against his Shady Grove Development Park in Gaithersburg. Chod’s property had several stormwater management ponds that collect and treat all of the stormwater that drains from the park and surrounding private and public properties. In 1991, Chod entered into a Declaration of Stormwater Management Facility with the county that obligated Chod to provide landscaping and trash removal maintenance and the county to provide structural maintenance of the ponds, at the county’s discretion. In 2013, the county assessed a WQPC on the petitioner’s property for $14,932.17, and the petitioner applied for a credit of the charge. The county eventually proffered a partial credit, which prompted Chod to file suit.

At issue is §4-202.1 of the State Environment Article, the recently amended law2 requiring all 10 local jurisdictions subject to a MS4 permit to adopt a stormwater remediation fee. The underlying Maryland law provides the following:

(e)(3)i) If a county or municipality establishes a stormwater remediation fee under this section, a county or municipality shall set a stormwater remediation fee for property in an amount that is based on the share of stormwater management services related to the property and provided by the county or municipality.

(ii) A county or municipality may set a stormwater remediation fee under this paragraph based on:

1. A flat rate
2. An amount that is graduated, based on the amount of impervious surface on each property
3. Another method of calculation selected by the county or municipality

Typically, a larger, more developed property produces more runoff, and therefore, is assessed a higher WQPC. During trial, the county indicated that it uses the amount of impervious surface on a property to calculate the WQPC. The county further testified, however, that Chod’s retention ponds control the quality and quantity of stormwater for the entire 150-acre drainage area and that the county’s services are “essentially nonexistent.”

The court considered the following two questions concerning the WQPC: (1) whether the WQPC is invalid for failing to adhere to §4-202.1; and (2) whether the petitioner, Chod, was entitled to a full credit for the fee.

Consistency with §4-202.1

The county took the position that §4-202 was inherently flexible, allowing a charge to be imposed as a fee unrelated to the services provided. The court rejected this argument, holding that “the WQPC is not valid simply because it uses one of the methodologies permitted in subsection (e)(3)(ii), which in this case was the amount of impervious surface on the property. The statute still requires that the WQPC be based on the county’s stormwater management services that are related to the property.” Thus, the court “finds that the WQPC is invalid per se because this Charge need not reasonably relate to the stormwater management services provided by the County.”

WQPC as Applied to Chod

Chod also challenged the WQPC under the theory that the county’s stormwater management services to the property were essentially nonexistent. The court noted that the stormwater retention ponds service an area three times the size of the Shady Grove Development Park and receive essentially no services from the county in return. It found that, “as applied, the Charge does not take into account the services provided by the property owner compared with the services provided by the county. Property owners like the Petitioner are thus being burdened with the same charge as other property owners despite bearing the cost of managing the property themselves. Such an application of the statute clearly violates the intentions behind the law, thus creating an arbitrary and onerous burden on the Petitioner.”

Significance

While the court did set aside the WQPC as applied to Chod, it did not enjoin the county from continuing to assess stormwater fees. Therefore, this decision should be considered limited to the facts and circumstances of Chod. The county is free to continue assessing WQPCs consistent with the ruling (i.e., making sure that they address the services they provide related to the property – such as maintenance, repair and inspection of BMPs). While parties may see Chod as a roadmap to argue that no fee should be assessed if their system retains all stormwater on site, the county, equipped with information regarding the specific services provided related to the properties, is well positioned to argue that WQPCs are valid.

MS4 Permit

In Maryland Department of the Environment, et al. v. Anacostia Riverkeeper, et al., the Maryland Court of Special Appeals held that the MS4 permit issued by the MDE to Montgomery County violated the Federal Clean Water Act (CWA) and state law.

Montgomery County obtained its MS4 permit in 2010, requiring the county to restore 20 percent of impervious surfaces and complete a 10 percent restoration requirement from its previous permit term. In December 2013, Montgomery County Circuit Court Judge Ronald B. Rubin held that the MS4 permit did not meet federal or state requirements. The lower court judge found that MDE improperly failed to spell out how the agency would measure compliance. The court further held that “the permit’s requirements to restore 20 percent of impervious surface is simply too general to show how permittees will meet water quality standards.”

Level of Specificity in Permit

On appeal, the Court of Special Appeals held that the permit was not specific enough to allow for adequate public comment and did not provide meaningful deadlines to measure compliance with water quality goals. Specifically, the court held that permit “fails as a substantive matter because it does not contain ascertainable metrics that defines how the County must comply, or whether at some point it has complied with what all agree are two of the Permit’s most important terms: regulation of TMDLs and the twenty percent requirement.” The court reasoned that the permit does not “connect specific or measurable BMPs or various management programs [and] requires no justification for why a BMP strategy was selected and how that program or strategy will reduce discharges to the maximum extent practicable.” The court concluded that the permit fails to explain how “anyone can define the universe of impervious surfaces or how specific BMPs will achieve the 20 percent impervious restoration requirement under the permit.” The court appeared troubled by MDE’s reliance on references to the stormwater manual and other BMP guidance documents, which it found “indecipherable,” and expressed frustration that there is no way of knowing which BMPs the county will select until after the work is completed.

Significance

The court sent the permit back to MDE, but held the following:

Importantly, though, we hold that the Department and the County had the law right: the Permit falls short not for failing to hold the County to State water quality standards, as the challengers urge, but because it did not afford an appropriate opportunity for public notice and comment and because it lacks crucial details that would explain the County’s stormwater management obligations.

Thus, the overall impact of this ruling implicates the process and the level of detail in the permit. Upon remand, MDE must do a better job of explaining its calculations and BMP assessments. It is unclear how specific MDE can actually be given that BMPs usually are applied on a case-by-case basis. In turn, while the court found MDE’s guidance documents “indecipherable,” stormwater professionals have relied on them for years and appear to have little difficulty applying such documents.

Conclusion

Montgomery County experienced a one-two punch in the courts over the past several months. If the decisions stand upon appeal, the county will have to do a better job demonstrating how it will achieve its restoration goals and how it charges its WQPC to ultimately fund such work. Regardless, the obligation to continue the restoration work remains while MDE makes changes to the permit. Given the rising costs of compliance, Montgomery County may best be served by allowing for greater private sector participation in the delivery and financing of stormwater projects in conjunction with, or exclusive of, its current efforts. Counties in Maryland and elsewhere across the country can look to the green stormwater retrofit public-private partnership in Prince George’s County, Md., as an example of how to involve the private sector in developing innovative solutions to help meet their MS4 requirements.

Footnotes

1 Under recent revisions to State law sought by Governor Hogan, other Maryland counties may, but are not obligated to, assess stormwater fees. They do, however, have to ensure adequate funding for MS4 restoration work.

2 While Montgomery County was exempt from amendments to Section 402.1 pursuant to the Watershed Protection and Restoration Programs Revisions, under the law, the county is obligated to file a financial assurance plan that clearly identifies actions it will take to meet its MS4 permit; projected five-year costs; projected annual and five-year revenues; sources of funds to meet the requirements and actions and expenditures undertaken the previous fiscal year. In addition, the county has to demonstrate that it has “sufficient funding in the current fiscal year budget to meet its estimated annual costs.” MDE must approve the plan.

Last Updated: October 16 2015

Article by Rafe Petersen

Holland & Knight

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.




Illinois Bond Rating Cut Again Over Budget Impasse.

CHICAGO — Illinois’ ongoing failure to enact a fiscal 2016 budget due to political wrangling led to a second major credit rating agency downgrading the state’s debt to the low investment grade triple-B level this week.

Moody’s Investors Service cut the state’s general obligation bond rating one notch to Baa1 with a negative outlook on Thursday. The move occurred three days after Fitch Ratings dropped Illinois to BBB-plus.

Both ratings are now just three steps above the “junk” level.

Moody’s cited the potential that Illinois’ financial position could weaken further due to an impasse between the state’s Republican governor and Democrats who control the legislature that has left Illinois without a budget for the fiscal year that began on July 1.

“What we are seeing is the very real possibility of deterioration as the finances weaken with no plan in place,” said Moody’s analyst Ted Hampton.

The downgrade by Moody’s, which affects $26.8 billion of GO bonds, also pointed to Illinois’ inaction on its huge $105 billion unfunded pension liability. An Illinois Supreme Court ruling in May voided a law aimed at reducing that liability by cutting benefits, leaving the state limited options for dealing with the problem.

Worsening pension problems and a growing pile of unpaid bills could result in a further downgrade, Moody’s cautioned. Illinois’ bill backlog stood at $7 billion on Thursday, according to the state comptroller.

The downgrade by Moody’s marked the 17th by major credit rating agencies for Illinois since 2003 and the second under Governor Bruce Rauner, a political newcomer who took office in January with an agenda to turn around the state’s sagging finances.

A spokeswoman for Rauner said the latest downgrade confirms his contention the state needs pro-business and structural reforms that Democratic lawmakers have rejected.

Democrats, in turn, pointed the finger of blame at Rauner.

“Since Governor Rauner has taken office, revenue is down, the bill backlog is up, services are cut, jobs growth has slowed and now our credit rankings are lower,” said Rikeesha Phelon, a spokeswoman for Senate President John Cullerton.

Even before this week’s downgrades, Illinois had the lowest credit ratings among the 50 U.S. states. Ratings histories from the three major credit rating agencies indicate few states have ever had their GO ratings fall below the A level.

Robert Amodeo, a portfolio manager at Western Asset in New York, said bond investors are frustrated by the lack of progress in the fifth-largest U.S. state. Still, Illinois is contemplating a return to the municipal bond market this fiscal year after an absence of nearly 1-1/2 years.

“They will find a clearing level even at triple-B, but they will be penalized for it,” Amodeo said.

Illinois has been paying a hefty market penalty for a while. Its so-called credit spread over Municipal Market Data’s benchmark yield scale for triple-A-rated bonds is 190 basis points for 10- and 30-year debt.

Moody’s also downgraded Illinois’ sales tax revenue bonds to Baa1 from A3 and cut the rating on state appropriation dependent Metropolitan Pier and Exposition Authority bonds to Baa2 from Baa1.

By REUTERS

OCT. 22, 2015, 6:06 P.M. E.D.T.

(Additional reporting by Dave McKinney in Chicago; Editing by Bill Rigby and Matthew Lewis)




This U.S. State Could End Up Like Debt-Troubled Puerto Rico.

Like the U.S. territory, New Jersey is borrowing to cover its budget holes.

Mike Myers’ 1997 movie Austin Powers has a scene in which a character is squashed by a steamroller. The film is a comedy, and the humor in the scene comes from how avoidable the tragedy is. The steamroller starts far away, and moves pretty slowly. But instead of moving to avoid the steamroller, the victim just stands there, screaming “Oh no!” until he’s flat.

Puerto Rico and its creditors are now under the steamroller. As in Austin Powers, the steamroller did not move very quickly. Analyst Sergio Marxuach, for example, warned in 2006 that the Commonwealth’s finances were on an unsustainable path. Marxuach pointed out in his warning that in other cases of municipal distress, for example New York in the 1970s, fiscal discipline had been imposed from above. Puerto Rico’s peculiar status as a commonwealth has meant that discipline from above has so far been unavailable. And discipline from capital markets, though now severe, has been late to arrive.

So after years and years of borrowing, including borrowing to cover operating deficits, Puerto Rico and its government-chartered corporations now have a total debt of $72 billion. This is approximately a year of the island’s Gross National Product. As former U.S. Congressional Budget Office director Douglas Holtz-Eakin said in his September testimony before the Senate Finance Committee, a 10% ratio of interest payments to revenues marks something of a ‘bright line’ way to identify distressed sovereign borrowers, and Puerto Rico crossed that threshold in March of 2015. In August, Puerto Rico Governor Alejandro Garcia Padilla announced that the island’s debt was unpayable.

So I believe that it is now safe to describe the situation as a crisis. Two competing teams of former IMF economists are now laying out their prescriptions. One team, commissioned by the Commonwealth’s Government Development Bank, says that the only way forward is to impose some debt restructuring on the island’s bondholders. The release of this report coincided with Governor Padilla’s announcement that the island’s debt was unpayable. A second team of former IMF economists, commissioned by a group of hedge funds that hold some of Puerto Rico’s debt, claims that with sufficient fiscal austerity the island can, in fact, pay its capital market obligations. I conclude this from the two competing reports: the end of a long career at the IMF does not mean the end of opportunities to do well-compensated work in warm places.

One can create caricature versions of these two different views that are not as far apart as they seem at first glance. The (caricature) first report: the current debt is unpayable without imposing unprecedented and unacceptable austerity on the island’s residents. The (caricature) second: the current debt can be paid. You just have to impose unprecedented austerity on the island’s residents. The second set of economists make the point that stiffing today’s creditors will make it much more expensive to borrow in the future. The island must choose between firing its teachers today and being unable to finance new schools for the children of tomorrow.

Regardless of which generation of children we decide to punish in this crisis, the blame belongs to yesterday’s and today’s adults. This steamroller did not fall out of the sky – year after year the island failed to balance its books, and closed the difference by borrowing. Without a change in this pattern, the crisis was inevitable.

Whatever happens to the debt, some restructuring of the Puerto Rican economy is essential. Inefficient government monopolies raise the cost of electricity and water on the island. The Puerto Rican minimum wage is the same as in the mainland U.S., even though labor productivity is much lower. And I cannot imagine any serious economist coming out in support of the Jones Act, a protectionist measure that protects the U.S. shipbuilding industry. This much-discussed policy hurts the mainland economy a bit, but is much more damaging for Puerto Rico because of the island’s greater dependence on shipping.

Returning to the debt, competing reports now emerge about potential federal intervention in the situation. Democrats in Congress have introduced legislation that would give government entities in Puerto Rico access to Chapter 9 bankruptcy protection, but this legislation does not appear to have a realistic path towards enactment. Apparently credible reports of a Treasury-sponsored ‘superbond’ plan, through which the island’s debt would be consolidated, have now been denied by Treasury spokesperson, although officials have met with the indebted U.S. territory’s leadership to discuss how the federal government could help.

One type of federal intervention would be a bailout, but the current prices of Puerto Rican bonds seem to indicate that this is unlikely. On the other hand, a presidential election is on the horizon, and Puerto Rican voters in Florida are an important group in a potentially decisive swing state. I suspect that either of our political parties, if offered the presidency for the price of a bailout, would find a way to get comfortable with it. But Puerto Rico is just one issue in a very complicated election season, so I think that any help from the federal government simple enough to be described only with the word ‘bailout’ seems unlikely.

All that I am confident about now is that there will be litigation, that the litigation will be expensive, and that the people of the island, one way or another, will bear most of the costs.

Are there any lessons in the Puerto Rican experience that might be applied elsewhere? Well, at the end of 2010, Meredith Whitney created a stir in the municipal finance market, warning, in effect, that the steamroller was upon us. She claimed that a massive wave of municipal defaults would materialize in a matter of months.

At the time, many market participants argued that Whitney’s predictions were way off the mark. Harvard’s Randy Cohen and I wrote a paper in response to her statements, but our voice was just one among many. We argued then that in most places, there was still time, with responsible political behavior, to avoid the steamroller. Now five years later, the massive wave of defaults Whitney predicted has not materialized on anything close to the timetable she described.

But we are now five years on, and there are certainly places where the steamroller is closer in 2015 than it was in 2011. One feature of American municipal finance is that states and municipalities, in general, have rules that prevent them from borrowing in order to cover budget deficits. In practice, this rule means only that they have to employ trickery in order to accomplish the economic substance of borrowing to cover deficits while technically complying with balanced budget rules. The most important channel for this trickery has been through pensions, as Robert Novy-Marx of the University of Rochester and Joshua Rauh of Stanford have highlighted in a series of papers. There are other channels as well.

In the humorously named ‘Truth and Integrity in State Budgeting,’ the Volcker Alliance examines the situation in New Jersey. The report focuses on the recent financial chicanery that the state has employed in order to ‘balance’ its budget. A relatively simple example (and New Jersey is not alone here) is the issuance of bonds whose above-market coupons mean that they can be issued at prices above par, with the difference between the offering price and par value being used as revenue in the current fiscal year. This trick is just a back-door way for New Jersey to do borrow to close a budget shortfall, just like Puerto Rico.

Other examples are more complicated. The coverage of New Jersey’s catastrophic recent tobacco bond refinancing by Cezary Podkul of ProPublica has been an example of great journalism about an extremely convoluted financial topic. I think that only the deal’s complexity has prevented this and other similar transactions from becoming even greater national scandals than they have been. Tobacco bonds stem from the 1998 Tobacco Master Settlement Agreement, through which states gave up legal claims against tobacco manufacturers in exchange for future payments tied to tobacco consumption. Like many states, New Jersey years ago securitized much of it future payment stream, selling the future receipts off to investors in exchange for upfront cash.

The recent tobacco bond refinancing transaction boils down to this: New Jersey received $93 million in budget relief today in exchange for $400 million over the next several years. Some additional net payments based on smoking patterns decades into the future give the deal enough complexity that, should the need arise, a team of suitably incentivized experts will be able suppress their laughter while certifying that the deal was a good idea for the state.

But it’s bogus. It is borrowing to cover a budget hole, like Puerto Rico in 2006. It is a step in the direction of the steamroller that is now on top of Puerto Rico.

FORTUNE

by Daniel Bergstresser

OCTOBER 19, 2015, 12:11 PM EDT

Daniel Bergstresser is an associate professor of finance at Brandeis International Business School. The views expressed here are his own and not necessarily those of Brandeis. Bergstresser is also engaged in consulting activities for financial institutions, but he has no direct or indirect financial stake in the performance of municipal bonds issued out of either Puerto Rico or New Jersey.




Illinois Will Delay Pension Payment Because of Cash Shortage.

Illinois will delay payments to its pension fund as a prolonged budget impasse causes a cash shortage, Comptroller Leslie Geissler Munger said.

The spending standoff between Republican Governor Bruce Rauner and Democratic legislative leaders has extended into its fourth month with no signs of ending. Munger said her office will postpone a $560 million retirement-fund payment next month, and may make the December contribution late.

“This decision is choosing the least of a number of bad options,” Munger told reporters in Chicago on Wednesday. “For all intents and purposes, we are out of money now.”

Munger said the pension systems will be paid in full by the end of the fiscal year in June. The state still is making bond payments, and retirees are receiving checks, she said.

“We prioritize the bond payments above everything else,” Munger told reporters.

The pension payment delay was inevitable, said some who have been watching the budget gridlock.

“This is just the tip of the iceberg,” said Ralph Martire, executive director of the Chicago-based Center for Tax and Budget Accountability, which monitors Illinois finances.

“Every month they go without resolving the impasse on the budget means it’ll cost more to ultimately resolve it,” Martire said. “This is a natural, predictable consequence if you do something called math.”

Bond Doldrums

Investors have long penalized the state for its fiscal woes. Illinois holds the lowest credit rating among U.S. states with an A3 from Moody’s Investors Service, four steps above junk, and an equivalent A- from Standard & Poor’s. Municipal investors demand an extra 1.9 percentage points to buy 10-year Illinois bonds instead of benchmark munis, according to data compiled by Bloomberg.

“We’re looking for signs that the we’re going to hit a level patch,” said Paul Mansour, head of municipal research in Hartford, Connecticut, at Conning, which holds Illinois debt among its $11 billion of municipal securities. “But this is an indication we’re still going down the hill.”

Bloomberg News

by Elizabeth Campbell and Tim Jones

October 14, 2015 — 11:39 AM PDT Updated on October 14, 2015 — 1:21 PM PDT




Puerto Rico Bonds Show Skepticism for Relief From Treasury.

Puerto Rico bond prices suggest that investors are doubtful of a proposal being floated that would have the U.S. Treasury assist the commonwealth in the restructuring of its debt.

General obligations maturing July 2035, the most actively-traded Puerto Rico securities in the last three months and originally sold at 93 cents on the dollar, changed hands at an average price of 74.7 cents, little changed from Wednesday, data compiled by Bloomberg show. Trades of at least $1 million on taxable pension bonds maturing July 2038 show the bonds changed hands Thursday at an average price of 30.5 cents, up from 25 cents on Tuesday, Bloomberg data show.

“It’s still new,” said Gary Pollack, who manages $6 billion of municipal debt, including Puerto Rico bonds, as head of fixed-income trading at Deutsche Bank AG’s Private Wealth Management unit in New York. “It’s still in its infancy, so you can’t get too excited about it as a bond investor. I would hold and wait for this thing to play out more.”

Puerto Rico and federal officials are discussing the possible issuance of new bonds administered by the Treasury to help restructure the commonwealth’s debt, with federal officials overseeing a portion of the island’s tax collections that would be used to repay the securities, a person familiar with the discussions said Wednesday. Treasury officials said in a statement Wednesday that while its inaccurate to suggest the U.S. is in talks to undertake any of Puerto Rico’s obligations, it continues to work with island officials to help the commonwealth return to a sustainable economic path.

The plan would face obstacles. It may require Congressional approval and Puerto Rico’s legislature would need to sign off on allowing the federal government to monitor its revenue collections and direct them to investors. Governor Alejandro Garcia Padilla’s administration faced a backlash from investors after he said in June that the island could no longer afford to repay all of its obligations and would seek to delay principal payments for a number of years. Puerto Rico has also failed to gain support in Congress for legislation to allow some of its agencies to reorganize under Chapter 9 bankruptcy.

Such a restructuring plan may be too late to help Puerto Rico pay investors in December and January. Officials have said the island may run out of cash in November. The Government Development Bank owes $354 million of principal and interest on Dec. 1, with $267 million of bonds maturing on that date guaranteed by the commonwealth. Another $357 million of general-obligation interest is due Jan. 1.

“It would probably take some kind of Congressional intervention in order to make this type of transaction take place,” Daniel Hanson, an analyst at Height Securities, a Washington-based broker dealer, said Thursday. “And Congress certainly doesn’t have the bandwidth between now and the end of the calender year to really seriously dig into Puerto Rico.”

Garcia Padilla met with Treasury officials in Washington on Wednesday to discuss the commonwealth’s debt crisis, Jesus Manuel Ortiz, the governor’s spokesman, told reporters Thursday in San Juan.

“The governor emphasized the need for the government of Puerto Rico to reach some kind of structured agreement to organize its debt,” Ortiz said.

Moody’s Investors Service wrote in a report Thursday that the deepening crisis might prompt U.S. intervention at some point, though lawmakers remain wary of providing any assistance that resembles a bailout.

Bloomberg News

Michelle Kaske

October 15, 2015 — 11:21 AM PDT Updated on October 15, 2015 — 1:59 PM PDT




Bloomberg Brief Weekly Video - 10/15/15

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.




Moody's: U.S. Initiatives Could Help Puerto Rico's Fiscal Recovery and Debt Restructuring.

New York, October 15, 2015 — While the United States (Aaa stable) is unlikely to provide a financial bail-out for Puerto Rico (Caa3 negative) as the territory tries to restructure some of its $73 billion in debt, media reports suggest the US Treasury Department is considering taking a more active role, Moody’s Investors Service says, as the deteriorating fiscal situation leads to increasing pressure on Congress to take actions to stabilize the island’s economy or finances.

“A combination of federal initiatives could encourage Puerto Rico’s return to solvency and market access with little or no incremental cost to US taxpayers beyond current levels of support,” Vice President — Senior Credit Officer Ted Hampton says in “Puerto Rico (Commonwealth of):Deepening Fiscal Crisis Might Prod US Intervention.”

Current proposed legislation to amend the bankruptcy law would authorize Puerto Rico’s public corporations to file for Chapter 9 bankruptcy protection if they can demonstrate insolvency. While corporations like the Puerto Rico Electric Power Authority (PREPA — Caa3 negative) and Puerto Rico Highways and Transportation Authority (PRHTA — Ca negative) would likely qualify under the legislation, almost 80% of Puerto Rico’s debt probably would be ineligible for restructuring under Chapter 9, unless the legislation was to be broadened in scope.

Some in Congress have also suggested implementing a federal financial control board to put the commonwealth on a path to fiscal health. However, this is likely to meet heated opposition in Puerto Rico since the commonwealth has governed itself for many years. Congress instituted a control board for the District of Columbia (Aa1 stable) in 1995.

The treasury is reportedly considering a “superbond” proposal, where the US Treasury would hold certain pledged commonwealth revenues in trust for payment on debt service on newly issued securities.

Hampton says if a “superbond” came to fruition along with a financial control board, it could accelerate the restructuring negotiations.

Other measures to provide relief for Puerto Rico without burdening US taxpayers include loosening federal minimum wage requirements, or granting the commonwealth’s employers a reprieve in future minimum wage increases. Congress could also exempt Puerto Rico from Jones Act shipping restrictions.

Moody’s says the largest and most immediate impact would be stabilizing current federal healthcare funding on the island, which is scheduled to decline in coming years even as the share of citizens participating in Medicaid is higher in Puerto Rico (48%) than in any US state.

“However, any actions by the federal government will take time to implement,” notes Hampton, “given the current partisan gridlock in Congress and a lack of transparency on the commonwealth’s finances.”

Moody’s also notes that even as the commonwealth faces a liquidity crisis and potential new defaults, Congress is less likely to offer Puerto Rico assistance if it encumbers US taxpayers.

The report is available to Moody’s subscribers here.




Puerto Rico, Treasury in Talks to Restructure Island’s Debt.

Puerto Rico and U.S. officials are discussing the issuance of a “superbond” possibly administered by the U.S. Treasury Department that would help restructure the commonwealth’s $72 billion of debt, people familiar with the plan said.

Under the plan, the Treasury or a designated third party would administer an account holding at least some of the island’s tax collections. Funds in the account would be used to pay holders of the superbond, which would be issued to existing Puerto Rico bondholders in exchange for outstanding debt at a negotiated ratio.

Investors would receive less debt, likely taking an effective “haircut” on the value of their holdings, but would have higher expectations for getting repaid.

The proposal would mark an important change in Puerto Rico’s relationship with the U.S. government, which has resisted wading into the island’s debt morass. A superbond would need to clear high political hurdles in Washington and Puerto Rico to become a reality. Discussions with bondholders over the size of any haircut could present further challenges to reaching a deal.

Talks between Puerto Rico’s representatives and Treasury officials are preliminary, and any plan wouldn’t include financial aid or a U.S. guarantee of Puerto Rico debt, the people said. They said the proposed bond would be just one piece of a restructuring puzzle that the island’s government is trying to assemble, after admitting this year that it cannot pay its debt in full.

The plan has no immediate precedent but echoes in some respects the Brady bonds used in Latin American debt restructurings of the 1980s. One major difference: Those bonds, named for former Treasury Secretary Nicholas Brady, were backed by Treasury-issued zero-coupon bonds, which guaranteed repayment of the principal and part of the interest of the Latin debt.

The Obama administration “has said repeatedly that it has no plans to provide a bailout to Puerto Rico,” and the Treasury Department isn’t engaged in talks to “undertake any of Puerto Rico’s financial obligations,” a Treasury spokesman said Wednesday.

The Treasury and the commonwealth are debating how much of Puerto Rico’s taxes would be funneled to the account and who would collect the taxes, the people said. Puerto Rico’s leaders may not be willing to surrender control of tax revenue as required by the deal, the people said. Depending on how it is structured, it could also require congressional approval.

Puerto Rico hasn’t been able to sell bonds after years of issuing new debt to fund budget deficits. The commonwealth and its advisers have been working for months to develop a package of fiscal and financial overhauls.

A superbond could be appealing to creditors. Hedge funds that own billions of dollars of Puerto Rico debt have been pushing the idea of a superbond for months, hoping it would prevent a default and boost the value of their investments. Bondholders have been unwilling to swap the debt they hold for new bonds backed only by tax revenues under Puerto Rico’s supervision because they fear the money could be diverted.

Puerto Rico is working with law firm Cleary Gottlieb Steen & Hamilton LLP, a specialist in government defaults, and Millstein & Co., a financial-advisory firm founded by the Treasury’s former chief restructuring officer, Jim Millstein, who ran the successful turnaround of American International Group Inc.
Puerto Rico cannot restructure its bonds in bankruptcy court because it is a commonwealth, not a state. Democratic lawmakers have proposed bills making the island’s municipal entities eligible for bankruptcy protection. Republicans in Congress have floated the idea of a federal control board and have said they want Puerto Rico to produce a more detailed plan to balance its budget before they support the legislation.

Concerns about a potential default intensified over the summer as it became clear Puerto Rico was using tax revenue earmarked for debt payments to plug budget gaps. The commonwealth disclosed in September that it expects a $205 million shortfall this year when large bond payments are due.

Government Development Bank of Puerto Rico bonds that mature in 2016 traded at 49 cents on the dollar this month compared with 77 cents on the dollar in June, according to data from Electronic Municipal Market Access.

Fears of a default are intensifying divisions between different types of bondholders who are splitting into various factions, each of which claims priority in the event of a restructuring.

“Our view has always been that there’s a high probability of disorderly litigation here, and we see this looming now as imminent,” said Ted Hampton, an analyst at Moody’s Investors Service.

In September, a bondholder group represented by GLC Advisors & Co. with more than $5 billion in bonds of different stripes split into separate groups. Mutual funds managed by OppenheimerFunds Inc. and Franklin Advisers Inc. also own billions of dollars of Puerto Rico debt, while bond insurers Assured Guaranty Ltd., MBIA Inc. and Ambac Financial Group Inc. have guaranteed billions of dollars of bonds.

Puerto Rico is attempting to capitalize on the divisions by agreeing to negotiate only with bondholders who agree not to discuss terms with investors holding different types of bonds, a person involved in the talks said.

THE WALL STREET JOURNAL

By MATT WIRZ, NICK TIMIRAOS and AARON KURILOFF

Updated Oct. 14, 2015 8:47 p.m. ET

Write to Matt Wirz at matthieu.wirz@wsj.com, Nick Timiraos at nick.timiraos@wsj.com and Aaron Kuriloff at aaron.kuriloff@wsj.com




Most California Cities Back New Pension Strategy Despite Cost.

SAN FRANCISCO — Most California cities support a new strategy by the nation’s largest public pension fund to make its investment portfolio more conservative, even though the move could gradually increase how much employers pay into the fund.

Still, some cities expressed serious reservations about a California Public Employees’ Retirement System plan to incrementally lower the $293 billion fund’s assumed rate of investment returns following periods of strong performance.

The League of California Cities surveyed its members, which have been struggling to shoulder the burden of growing pension costs. The survey found that many cities prefer a more gradual increase in costs, as opposed to spikes following market downturns, said Bruce Channing, Laguna Hills city manager.

“As employers, more predictability and less spiking of rates from one year to the next is preferable,” said Channing, who is also chair of the league’s city managers pension reform task force.

Next week, the Calpers board will consider a new policy to gradually reduce the assumed return rate from 7.5 percent to 6.5 percent over a few decades. The average return rate across 126 funds tracked by the National Association of State Retirement Administrators was 7.68 percent as of May.

Calpers intends to reduce portfolio volatility as California’s baby boomers retire and payouts exceed active workers’ contributions. The idea is similar to that of an individual nearing retirement adopting a more conservative investment strategy.

But a lower, albeit less volatile, rate of return will necessitate higher contributions from local governments and public workers.

The league said 77 percent of those surveyed supported Calpers’ strategy to reduce portfolio risk, even though the move would over time raise pension contributions more than currently planned. Ten percent of respondents opposed the strategy, and the rest were unsure, the survey of 115 cities found.

Opponents of higher contributions included Alameda, a city of nearly 76,000 near San Francisco. Its pension costs for safety workers like police and fire consume 48 cents of every dollar paid in salary and are expected to grow to 65 cents in five years.

“It’s devastating on our bottom line,” said Alameda Interim City Manager Liz Warmerdam. “We have very little input. Whatever they want to do, local governments have to sit here and deal with it. It’s extremely frustrating.”

Massive pension costs contributed to a handful of recent municipal bankruptcies across the country, including in the California cities of Vallejo, Stockton and San Bernardino.

Stockton and Vallejho have emerged from bankruptcy. Vallejo City Manager Daniel Keen said he supports actions to ensure Calpers’ ability to pay benefits, but added it may require sacrifices.

“While this plan does cause us more pain on the part of our budget, it is pain we were anticipating,” said Keen. “It is going to require adjustments in our budget and might result in cuts to some services.”

“It’s undeniable that we have to deal with the fact that there are significantly fewer active employees paying in,” said Leyne Milstein, Sacramento’s finance director. “We need to make sure this system is sustainable.”

But like many cities across the state, Sacramento’s budget is not keeping pace with rising pension costs. Next year, the city’s expenses are expected to exceed revenues by $8.8 million, of which $5.8 million is pension growth, Milstein said. In five years, Sacramento expects to pay close to $80 million in pension costs from its general fund, up from $60 million today.

“This will be extremely painful on local government budgets, but it’s the honest approach to address the large unfunded liabilities,” said Senator John Moorlach (R-Costa Mesa), a pension reform supporter. “Unfortunately, it’s the taxpayers who are on the hook as pension debt eats up public funds meant for police and fire protection, as well as other services.”

By REUTERS

OCT. 16, 2015, 3:42 P.M. E.D.T.

(Reporting by Robin Respaut and Rory Carroll; Editing by David Gregorio)




S&P: California's $961 Million GO Bonds Assigned 'AA-' Rating.

SAN FRANCISCO (Standard & Poor’s) Oct. 6, 2015–Standard & Poor’s Ratings Services has assigned its ‘AA-‘ long-term rating, and stable outlook, to California’s estimated $961 million of general obligation (GO) bonds, consisting of $855 million in tax-exempt various purpose GO refunding bonds and $106 million in taxable variable purpose GO bonds.

At the same time, Standard & Poor’s affirmed its ‘AA-‘ long-term ratings and underlying ratings (SPURs) on California’s $75.6 billion of GO bonds outstanding as of Sept. 1, 2015.

Finally, we affirmed the long-term component of the ‘AAA/A-1+’ and ‘AAA/A-2’ ratings on some of the state’s GO variable-rate demand bonds. The long-term component of the ratings is based jointly (assuming low correlation) on that of the obligor, California, and the various letter of credit (LOC) providers. The short-term component of the ratings is based solely on the ratings on the LOC providers.

“The GO rating is also based on our view of the state’s diverse economy, which is currently expanding faster than the nation’s; demonstrated commitment in five consecutive budgets to aligning recurring revenues and expenses while paying down budgetary debts; good budgetary reserves; strong enough overall liquidity that the state’s typical intra-year general fund cash deficits can be financed entirely from internal sources; and declining, but still moderately high debt ratios,” said Standard & Poor’s credit analyst Gabriel Petek.

“Somewhat offsetting these strengths, in our view, are the state’s persistently high cost of housing relative to other states that contributes to a relatively weaker business climate in California, volatile revenue base, large retirement benefit liabilities, limited prefunding of retiree health care benefits to date, and large backlog of deferred maintenance and infrastructure needs across the state,” added Mr. Petek.

Under current conditions, the state’s fiscal structure generates modest operating surpluses that translate to larger projected budget reserves, according to the state department of finance’s forecast, than the state has had in recent memory. Passage of Proposition 2 in 2014 helped institutionalize a more disciplined approach by requiring annual deposits to the reserve fund. In addition, the measure captures capital gains-related revenue spikes, thereby discouraging the state from building instances of extraordinary revenue growth into its budget base. The state has also restored considerable fiscal flexibility by retiring much of its budgetary debt.




S&P: Nevada's $344 Million GO Bonds Assigned 'AA' Ratings.

SAN FRANCISCO (Standard & Poor’s) Oct. 6, 2015–Standard & Poor’s Ratings Services assigned its ‘AA’ long-term rating and stable outlook to Nevada’s planned approximately $334 million issue of general obligation (GO) debt. We simultaneously affirmed our ‘AA’ rating on Nevada’s GO debt outstanding and our ‘AA-‘ long-term rating and underlying rating (SPUR) on the state’s appropriation-backed certificates of participation. The outlook on all ratings is stable.

“The state has taken steps to bring its fiscal structure into alignment,” said Standard & Poor’s credit analyst Gabriel Petek. “This, along with Nevada’ s demonstrated commitment to adhere to its policy of achieving an ending balance equal to at least 5% of appropriations (even if it potentially fell short in fiscal 2015) helps underpin the state’ s strong credit quality, in our view,” added Mr. Petek. “Also adding to credit stability, in our view, is the state’s recent record of good liquidity and a mechanism to prefund a significant portion of its annual debt service. In our view, these characteristics reduce the risk that an unanticipated revenue shortfall could result in strain on the state’ s ability from a cash flow perspective, to fund its debt service.”

The current bond offering consists of:

The ‘AA’ rating reflects our view of the state’s:

Partly offsetting the above strengths, in our view, are the state’s:




S&P’s Public Finance Podcast: (California’s Redevelopment Sector and Bank Loan Market Trends).

In this week’s Extra Credit, Associate Director Sarah Sullivant discusses what’s driving California’s redevelopment sector and Senior Director Lisa Schroeer reviews the trends shaping the bank loan market.

Listen to the Podcast.




New Jersey Uses Eminent Domain Against One of Its Own Beach Towns.

A week after calling this well-heeled beach town “selfish” for refusing to give up land needed for the state’s dune project, Gov. Christie on Thursday moved to give Margate no choice.

The state said it had filed an eminent domain action against the City of Margate to gain access to city-owned beachfront easements needed for the project. The city’s opposition has caused the Army Corps of Engineers to abort plans for dunes for Ventnor, Margate, and Longport.

Prior to the filing, the state had offered Margate $29,000 for nine beachfront easements, based on an appraisal, the city said. When that was rejected, the Christie administration took the action in Superior Court, saying it was seeking 87 municipally owned lots. Margate officials could not explain what 87 referred to. “I am aware of nine,” said Richard Deaney, city business administrator.

Margate voters have twice passed questions in referendums opposing dunes and authorizing their government to wage a legal battle against the state.

The state had been threatening to file eminent domain against Margate since January, when a federal judge in Camden told the state that eminent domain would be the proper, and perhaps only, way to get control of the easements. The state had attempted to take the land through an administrative order, which prompted Margate to file a lawsuit in U.S. District Court.

Thursday night, the city issued a response saying it was “prepared to defend in any court at any time the legal rights of the people of Margate to provide the best, safe and most effective storm protection.”

“The people of Margate know and love their community . . . and appreciate the need for the best protection against the storms,” the statement said. The city contends that its bulkhead system is sufficient and that dunes “eventually wash out to sea.”

“Margate’s opposition to the dunes is not based on a vain desire to preserve oceanfront views,” the statement said.

Deaney said the city had requested to negotiate the terms of the shore protection project in response to the $29,000 offer, but that the state had filed for eminent domain as soon as a 14-day time required by law following an offer had passed.

“We sent them a letter saying we’d like to negotiate with them,” Deaney said. “They ignored it.”

Deaney said the city was not against shore protection but wanted a chance to discuss changes in the technicalities of how that is done. Residents argue that dunes will be a costly, unsightly, and ineffective way of protecting the town. Most of the flooding issues from past storms have been from the back bay.

The Army Corps of Engineers had to put aside its Absecon Island protection project last winter after Margate fought the state to essentially a stalemate in federal court. Longport voluntarily gave the state access to its easements following Hurricane Sandy, after opposing the dunes for years. Ventnor has long cooperated with the state and federal agencies, and has had dunes on most of its oceanfront for years.

The release, issued directly from the governor’s office, tallies the amount of property at 87 lots owned by Margate, saying action “builds upon the ongoing work the Christie administration has been undertaking to secure easements necessary to construct these vital coastal protection projects.” The filing covers easements “over all city-owned properties east of the Margate bulkhead, south of Ventnor and north of Longport.”

Of 4,279 beachfront easements statewide, 366 are outstanding, owned by 239 property owners. Environmental Protection Commissioner Bob Martin said in the release that the state was “very disappointed” that Margate forced the state to go to court to protect its citizens and promised to “continue to be very aggressive in using eminent domain as a tool to obtain the easements.”

Also holding out in Margate are 10 private owners with beachfront easements. Those properties are being appraised, the state said.

Margate has been represented by former U.S. Rep. Robert E. Andrews of the Dilworth Paxson law firm. The state had been reluctant to take the case to state court, where eminent domain fights can drag on. The state will argue that the project is necessary “to protect lives, homes, businesses, and infrastructure.”

“We’ve never been happy with the design and proposal for shore protection,” Deaney said of the city. “We’re willing to negotiate the concept of shore protection. We have a lot of ideas as to how that can be accomplished. We don’t believe in their single arbitrary project.”

He called the $29,000 offered for access to the easements “low” but said price was not the issue.

The state declined to comment beyond the news release. The release noted that property owners in other municipalities voluntarily provided easements to allow the Army Corps to erect dunes. It said Longport and Margate both suffered “significant overwash” of its beaches and “damage to its bulkhead” during Sandy, “which required Federal Emergency Management Agency funds for the cleanup.”

The state’s release also notes a New Jersey Supreme Court ruling in July 2013 in which the Borough of Harvey Cedars acquired an easement through eminent domain, but the parties could not agree on fair compensation. The court reversed a jury ruling valuing the easement at $375,000, saying homeowners “were not entitled to a windfall” for a project they also benefit from. The couple subsequently settled for $1 as compensation.

In addition to the Absecon Island project, beach and dune construction projects are stalled in Monmouth County and in northern Ocean County, where residents are also fighting the state’s efforts to use their properties to construct dunes.

BY TRIBUNE NEWS SERVICE | OCTOBER 9, 2015

By Amy S. Rosenberg

(c)2015 The Philadelphia Inquirer




O'Hare Bonds Avoid Chicago Stain in City's Biggest Offering Ever.

Even as Chicago confronts a fiscal crisis, investors are looking beyond its turbulent finances with anticipation toward the city’s biggest bond deal ever.

Chicago sold about $2 billion of securities for O’Hare International Airport, backed by revenue from the nation’s busiest airport and sheltered from the mounting pension obligations squeezing the third-most populous U.S. city. Fund managers at Wells Fargo Asset Management and Conning say any yield premium resulting from the city’s tainted reputation is likely a buying opportunity given the airport’s rising traffic and hub status.

“Just looking at the nuts and bolts of the deal, it’s been pretty impressive what’s going on there,” said Paul Mansour, head of municipal research at Hartford, Connecticut-based Conning, which holds O’Hare debt among its $11 billion of tax-exempt securities and is reviewing the deal. “There will be a certain amount of firms, individuals who say no Chicago under any circumstance. That will add some value for those that look through to the underlying credit.”

Chicago has the worst-credit rating of all major U.S. cities except Detroit, and had to pay yields approaching 8 percent for a taxable offering in July. Wednesday’s issue is raising $1.6 billion to refinance higher-cost bonds and about $330 million to cover costs of projects such as terminal improvements.

A portion of federally tax-exempt securities due in January 2046 were sold with a yield of 3.9 percent, according to preliminary data compiled by Bloomberg. That’s about 0.7 percentage point more than 30-year benchmark municipal bonds.

During the city’s last bond sale for O’Hare in November 2013, 20-year securities were issued for yields as high as 5.53 percent, about 1.7 percentage point more than benchmark debt, according to data compiled by Bloomberg. That premium has since narrowed by almost a third, trading for an average yield of 4.1 percent on Sept. 11.

The offering follows sales from the city and related agencies such as the Chicago Park District that have had to pay up to borrow. The O’Hare bonds are rated as much as two levels higher than the city’s general-obligation debt. The sale comes as U.S. airport bonds are outperforming the broader $3.7 trillion tax-exempt market for a fifth consecutive year amid an improving economy and falling energy costs.

Mayor Rahm Emanuel is working to ease Chicago’s fiscal challenges and convince the city council to pass the biggest property tax increase ever to help cover retirement costs. O’Hare is sheltered from the fallout of the city’s $20 billion pension hole because the Federal Aviation Administration limits the use of airport revenue to facility purposes. That prevents the city from taking excess O’Hare monies to fix its finances, Standard & Poor’s said in a Sept. 30 report.

Historical Premium

Even so, issuers associated with distressed situations typically have to pay up, and that’s what Merritt Research Services expects.

“It’s just a historical premium that they’ll have to pay because of their association with Chicago,” said Richard Ciccarone, Chicago-based chief executive officer of Merritt Research Services, which analyzes municipal finance. “It may end up for a yield investor more attractive than an average airport.”

That wasn’t the case with Michigan’s Wayne County Airport Authority, which runs the airport serving once-bankrupt Detroit. The authority wasn’t penalized when it sold about $522 million last month despite the county’s fiscal distress. Wayne is in a consent agreement with the state because of its ongoing budget deficit.

Airliner Hub

S&P raised its outlook on O’Hare general revenue bonds last month by one level to A, five steps above junk and two levels higher than its rating on the city’s GO debt. The credit rater cited the airport’s high traffic. Fitch Ratings assigned an A- ranking to the debt, four steps above junk, and notes the airport general revenue bonds are secured by a first lien on airport net revenues.

O’Hare is a hub for American Airlines Group Inc. and United Continental Holdings Inc., the largest carriers. The airport is the biggest worldwide when measured by operations, according to bond documents. In 2014, O’Hare had the busiest airport measured by flight operations, according to FAA data.

Municipal airport bonds have climbed 2.2 percent this year, compared to a 1.8 percent gain in the broader market, according to Bank of America Merrill Lynch data. Crude-oil prices have tumbled 8.6 percent in 2015, and sliding fuel costs have benefited municipal airports in particular, Janney Fixed Income Strategy said in an Oct. 5 report.

Chicago is expecting more than $150 million in present-value savings from the refinancing with interest rates near generational lows, said Molly Poppe, a city spokeswoman.

O’Hare’s capital projects have shown progress and been within budget, according to bond documents. Three of four runways and one runway extension for the O’Hare modernization project are complete as of this month. Airfield improvements funded by the 2015 bonds include installation of runway status lights, maintenance of terminals, and fixes to roadways.

“Airport debt has had a strong bid from investors looking for income, and that should certainly benefit the pricing on this Chicago transaction,” said Gabe Diederich, a Menomonee Falls, Wisconsin-based money manager at Wells Fargo Asset Management, which holds some O’Hare’s bonds among its $39 billion of munis, and is considering buying the deal. “The essential nature of the airport and the size of it are going to overwhelm any bias against the city of Chicago.”

Bloomberg News

by Elizabeth Campbell

October 6, 2015




Puerto Rico Claw Back Wouldn't Pay Debt Costs, Barclays Says.

Puerto Rico wouldn’t be able to repay the $5.5 billion of principal and interest due on its general-obligation bonds in the next five years even if the commonwealth diverted sales-tax revenue pledged to cover payments elsewhere, according to Barclays Plc.

The general obligations due through fiscal 2020 surpasses the $4.2 billion of revenue, including sales-tax receipts, that commonwealth officials calculate Puerto Rico will have to pay down central government and some agency debt during that period, Mikhail Foux, a municipal-debt strategist at Barclays in New York wrote in a report Wednesday. The island’s sales-tax collections repay bonds, known as Cofina because of their Spanish acronym, that are backed by that revenue stream.

“Even if Cofina’s cash flow stream is invaded, there would still not be enough value to fully cover principal and interest for GOs and commonwealth guaranteed debt in fiscal year 2016 through fiscal year 2020,” Foux wrote in the report. “This suggests that some type of haircut would be needed,” over those five years, he wrote.

Puerto Rico officials haven’t said that they plan to redirect, or “claw back,” sales-tax collections to pay down general-obligation debt before Cofina bonds. The island’s constitution states that general-obligations must be repaid before other expenses. The commonwealth on Sept. 25 said it would take into account the constitutional priority given to general-obligation bonds as it seeks to restructure $73 billion of debt.

Prices on some Cofina debt would fall if the government uses the sales-tax receipts to repay general obligations first, Foux said. Subordinate Cofinas, which are repaid after senior-lien sales-tax bonds, would drop in value, he said.

“If Cofina is pierced, subs would be severely affected, allowing for more downside even at current depressed levels,” Foux wrote.

Subordinate Cofinas maturing August 2039 traded Wednesday at an average price of 44.5 cents on the dollar, to yield of 12.9 percent, data compiled by Bloomberg show.

Puerto Rico had $13 billion of general obligation debt and $15 billion of sales-tax bonds, as of March 31.
Commonwealth general obligations sold in March 2014 and maturing July 2035 traded Wednesday at an average price of 75.3 cents on the dollar for a yield of 11.1 percent, according to data compiled by Bloomberg.

Bloomberg

by Michelle Kaske

October 7, 2015 — 2:35 PM PDT Updated on October 8, 2015 — 6:20 AM PDT




Scandals Leave Port Authority Bondholders Undaunted Before Sale.

To Wall Street, the scandals engulfing the Port Authority of New York & New Jersey are nothing but noise.

As the agency sold $2 billion of bonds Thursday, its biggest offering since 2012, investors weren’t focused on the federal and state investigations that spurred the resignation of United Continental Holdings Inc.’s chief executive officer and tarnished Governor Chris Christie’s presidential bid. Instead, they looked at a near monopoly on getting into New York that brings in more than $12 million a day.

The upheaval at the agency may even have a financial upside: It’s searching for a CEO to replace the two top officials who were hired by political appointment and faces pressure to improve its management of the region’s bridges, tunnels and airports.

“They certainly have a lot of work to do,” said Howard Cure, head of municipal research in New York at Evercore Wealth Management, which oversees $6 billion. “But the hope is that this additional scrutiny will make the organization more transparent and better able to provide for its core mission.”

The Port Authority’s bonds have the fourth-highest rating from Moody’s Investors Service, Standard & Poor’s and Fitch Ratings with a stable outlook, indicating no changes are imminent. The agency’s 10-year tax-exempt bonds were sold at yields of 2.33 percent, or 0.25 percentage point more than top-rated munis, according to data compiled by Bloomberg.

The Port Authority receives revenue from almost everyone who comes to the biggest U.S. city, as well as from cargo ships. It runs a commuter train, bridges and tunnels connecting New York and New Jersey, the world’s busiest bus depot in Manhattan, marine terminals, and the region’s three major airports — John F. Kennedy International, LaGuardia, and Newark Liberty International. It also owns the World Trade Center site.

Major Projects

Even with a constant stream of revenue, the Port Authority is facing financial challenges in the coming decades. In addition to its usual upkeep, the agency is moving to replace its bus terminal, which may cost $10 billion, as well as a bottleneck-prone rail tunnel under the Hudson River. Christie and New York Governor Andrew Cuomo want the federal government to pay half of the $20 billion cost of the tunnel.

The agency’s current operating results have been on the upswing. Operating revenue rose 8 percent to $2.3 billion during the first six months of the year, according to Moody’s, as New York’s strong economy fueled an increase in plane travel. At the same time, its operating expenses climbed by 1.3 percent to $1.4 billion.

The agency’s finances stand in contrast to the agency’s battered political reputation. In May, former Deputy Executive Director Bill Baroni and former Christie aide Bridget Kelly were indicted for snarling traffic leading onto the George Washington Bridge in 2013 to punish a New Jersey mayor who didn’t back Christie’s re-election. David Wildstein, a former Christie ally at the agency, pleaded guilty to participating in the scheme. Baroni and Kelly are fighting the charges.

Widening Investigation

Last month, United CEO Jeff Smisek stepped down amid an investigation into whether the airline ran a money-losing flight from Newark, New Jersey, to South Carolina, where former authority Chairman David Samson had a vacation home, in an effort to secure funding for projects. Prosecutors haven’t alleged wrongdoing.

The Securities and Exchange Commission, which polices fraud in the municipal-bond market, is also investigating the agency’s disclosures to investors.

The Port Authority’s finances show that the management turmoil hasn’t hurt its operations, said Dan Solender, head of municipal debt at Lord Abbett & Co. in Jersey City, New Jersey. In an Oct. 6 report, S&P said the agency has kept expenses below its target during the first eight months of the year while revenue exceeded forecasts.

“We really care about the finances and how much leverage they’re taking on, how they’re controlling expenses and things like that,” said Solender, who owns some agency bonds. “For us, those are the bigger issues than the political headlines.”

Bloomberg

by Romy Varghese

October 7, 2015 — 9:01 PM PDT Updated on October 8, 2015 — 11:17 AM PDT




Muni Funds Draw $714 Million, Largest Inflow Since January.

Investors added the most money to municipal-bond mutual funds since January in the past week as state and local government bond yields fell to the lowest level in five months.

Individuals poured $714 million into muni funds in the week through Wednesday, Lipper US Fund Flows data show, marking the second inflow in three weeks. Those funds investing in the longest-dated debt fared the best, capturing $685 million of the cash, as the Federal Reserve continued its almost decade-long policy of keeping borrowing costs close to zero.

Benchmark 10-year munis yield 2.09 percent, close to the lowest level since April, data compiled by Bloomberg show. That’s pushed the return on state and local debt to 1.9 percent this year, better than the 1.6 percent gain for Treasuries and 0.1 percent for investment-grade corporate securities, Bank of America Merrill Lynch data show.

In the four weeks through Sept. 16, the day before the Federal Open Market Committee released its policy statement leaving its benchmark rate unchanged, individuals withdrew $1.4 billion from muni mutual funds, Lipper data show.

Bloomberg

by Brian Chappatta

October 8, 2015 — 2:49 PM PDT Updated on October 9, 2015 — 6:39 AM PDT




Bloomberg Brief Weekly Video - 10/08/15

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Joe Mysak about this week’s municipal market news.

Watch the video.

October 8, 2015




Down Payment on Detroit: Charting the Next Steps in the Detroit Housing Recovery.

As Detroit continues a journey toward economic recovery, the housing market in many parts of the city remains a serious challenge. In particular, mortgage activity is stuck at historically low levels, even as jobs and investment continue to grow throughout the city and the region. What steps—policies, programs, and products—should we take to stabilize and improve the homebuying market while ensuring affordable options for homeowners and renters alike?

Continue reading.




Connecticut, America’s Richest State, Has a Huge Pension Problem.

The state with the richest population may not have enough money in its own pockets.

Connecticut has roughly half of what it needs to pay future retirement benefits for its workers, meaning the home to scores of hedge funds and some of the country’s wealthiest towns is wrestling with financial distress rivaling that of Kentucky or Illinois.

Some investors concerned about the size of Connecticut’s pension hole are backing away from bonds issued by the Constitution State or demanding bigger rewards to hold them. Investors in some Connecticut state bonds now get a premium of about half a percentage point above benchmark bonds from other states, up from 0.28 percentage point a year ago, according to Thomson Reuters Municipal Market Data. Only four other U.S. states are now priced as riskier bets.

Still, some in the state say Connecticut’s affluence is making it difficult to overcome complacency about fiscal problems. Yields on the state’s debt would be even higher and budget problems would be worse if not for a deep pool of wealthy in-state investors willing to gobble up Connecticut’s tax-deductible debt, according to analysts.

“There’s almost limitless money to buy Connecticut bonds,” said Matt Fabian of research firm Municipal Market Analytics. Investors “are getting less of a risk premium than I think you deserve because of the high demand created by the wealth of the taxpayers in the state,” added Paul Mansour, head of municipal research at Hartford, Conn.-based Conning.

Connecticut’s surprising pension predicament shows how even the wealthiest parts of the U.S. are struggling to keep pace with ballooning retirement obligations that now amount to $1 trillion nationally.

Connecticut’s unfunded pension liabilities more than doubled over the past decade to $26 billion as the state’s retirement system reeled from inadequate state contributions, a subpar investment record and longer lifespans for its retirees.

The state, boosted by wealth concentrated in towns such as Greenwich and New Canaan, has a per capita income of $64,864, the highest in the U.S., according to a Fitch Ratings analysis of Bureau of Economic Analysis data. But the state still finished the fiscal year ended June 30 in the red as tax revenues fell below expectations, and has projected annual deficits of $650 million or more after its current two-year budget cycle ends, according to a report by the state’s Office of Fiscal Analysis.

The state’s pension problems represent “a ticking time bomb,” said State Sen. L. Scott Frantz, a Republican whose district includes the wealthiest section of the state. He is worried residents will leave and Connecticut will “end up as another Detroit,” a city that filed for bankruptcy protection in 2013, absent more dramatic changes.

Some Connecticut officials and union leaders said they are unfazed by the pension problems and pledge to reverse the deficit in the coming decades. Their strategy hinges partly on predictions the various state retirement systems will be able to earn 8% or more annually, a goal that is more optimistic than most public pensions across the U.S. The average target for all state plans is 7.68%, according to the National Association of State Retirement Administrators.

“The truth of the matter is that the state of Connecticut can afford to make up the difference over time,” said Dan Livingston, a Hartford-based labor attorney who has negotiated on behalf of the state’s public workers for decades.

Connecticut’s pension gap developed as a result of decisions made over decades to scrimp on payments when the economy sputtered and to cut taxes, according to state leaders and public-finance experts. And there is a quirk: Connecticut officials contributed almost no money to the state’s various public pensions from the late 1930s until the early 1980s, meaning little had been saved up because the state had chosen not to prefund the retirement system for future payouts.

The smaller base of assets hurt Connecticut during the 1990s when a run up in the stock market pushed most pensions around the U.S. to fully funded status—meaning they had more assets than liabilities, according to Gregory Mennis, director of Pew Charitable Trusts’ public-sector retirement-systems project. Connecticut’s ratio of assets to liabilities, meanwhile, was just 72% in 2001, according to Pew, which tracks pension-fund finances.

Furthermore, according to the Center for Retirement Research at Boston College, Connecticut’s annual investing returns have trailed the national average by a full percentage point since 2000, because of a heavy allocation to stocks that inflicted deep losses first during the dot-com bust and then the 2008 financial crisis. Connecticut pensions eventually shifted some bets to nontraditional investments, like hedge funds, but those produced lower returns as the equity markets rallied in recent years.

Connecticut only has 51.9% of the assets it needs to pay future obligations to workers, lower than all states except for Illinois and Kentucky, according to the National Association of State Retirement Administrators.

Connecticut has scaled back pension benefits in recent years, reducing cost-of-living adjustments for retirees and pledging to make the appropriate annual payments to fully fund the system by 2032. State officials have raised taxes twice since 2011 as a way of covering some liabilities, reduced its workforce by more than 3% and held back on deeper spending on education and local aid.

Connecticut now allocates 10% of its budget to paying down unfunded pension obligations, up from about 7% four years ago, according to Connecticut Office of Policy and Management Secretary Ben Barnes, who oversees the budget.

“We have plenty of resources to address whatever shortfalls, or whatever fiscal crisis might develop in the short run,” Mr. Barnes said.

But there are signs that the pressure on Connecticut could intensify absent deeper changes. Standard & Poor’s Ratings Services lowered the outlook on Connecticut’s bonds in March to negative from stable, meaning they could be downgraded from their current double-A rating. Moody’s Investors Service already has placed Connecticut among the lowest-rated states. And Fitch Ratings, although it removed Connecticut’s negative outlook in July, warned the state has a “narrow margin of flexibility.”

States rarely default and generally carry higher ratings as a result. Moody’s, which changed the way it calculates pension costs two years ago, has been more aggressive at downgrading states and cities with sizable unfunded obligations, while S&P and Fitch have generally taken a more optimistic view.

Fredrena deGraffenreaidt, a 61-year-old state retiree from East Hartford, is worried about whether future benefit cuts would force her to sell her house and move to a cheaper state, she said.

“Everyone sees us as this very wealthy state and yet our pension isn’t 100% funded,” Ms. deGraffenreaidt said. “How is that possible?”

THE WALL STREET JOURNAL

By AARON KURILOFF and TIMOTHY W. MARTIN

Updated Oct. 5, 2015 12:36 p.m. ET

Write to Aaron Kuriloff at aaron.kuriloff@wsj.com and Timothy W. Martin at timothy.martin@wsj.com




Puerto Rico Electric Utility Wins Extension From Bondholders.

Puerto Rico’s main electric provider won a two-week extension from bondholders to negotiate how to restructure $8.3 billion of debt.

Investors holding about 35 percent of the utility’s debt and its fuel lenders agreed to delay until Oct. 15 the expiration date on an agreement that was set to end Thursday, Lisa Donahue, the power provider’s chief restructuring officer, said in a statement. The contract, called a forbearance agreement, keeps discussions out of court. The parties first signed the accord in August 2014. It is the ninth extension.

Puerto Rico Electric Power Authority, known as Prepa, and the bondholder group on Sept. 1 reached a tentative agreement that would require investors to take losses of about 15 percent in a debt exchange. Bond insurers Assured Guarantee Ltd., Syncora Guarantee Inc. and MBIA Inc. have balked at the plan and declined to continue the forbearance.

“We continue to work with the monolines in an effort to reach a consensual agreement on terms that would be beneficial to all parties involved,” Donahue said.

Below Proposal

A Prepa restructuring would be the largest-ever in the $3.6 trillion municipal-bond market. Puerto Rico and its agencies, including Prepa, owe about $73 billion after years of borrowing to delay debt payments and fill budget deficits. The utility restructuring is the first step toward Puerto Rico’s goal to lower its debt burden.

Prepa bonds maturing July 2040 traded Friday at an average of 59.2 cents on the dollar, according to data compiled by Bloomberg. That’s higher than an average 53.5 cents on Aug. 28, the last time the bonds traded before the Sept. 1 agreement. But that’s still lower than the 85 cents that bondholders would receive in a proposed debt exchange.

The bonds yielded 9.59 percent.

Bloomberg News

by Michelle Kaske

October 1, 2015 — 3:46 PM PDT Updated on October 2, 2015 — 9:32 AM PDT




Bloomberg Brief Weekly Video - 10/01/15

Taylor Riggs, a contributor to Bloomberg Briefs, talks with reporter Brian Chappatta about this week’s municipal market news.

Watch the video.

October 1, 2015




Puerto Rico Debt Crisis Eludes U.S. Fix, Top Republicans Say.

Top Senate Republicans showed no intention of acting soon to rescue Puerto Rico from its escalating financial crisis, saying there’s no easy way for the federal government to steady the Caribbean island pushed to the brink by $73 billion of debt.

Republicans who lead both chambers of Congress have signaled little urgency in aiding Puerto Rico, and the White House has made it clear it won’t bail out the commonwealth. The reticence was on display Tuesday at a Senate Finance Committee hearing, the first in Congress since Governor Alejandro Garcia Padilla said the island can’t afford to repay what it’s borrowed.

While Puerto Rico officials are pushing for more funding for some federal programs, Senator Orrin Hatch of Utah, the chairman of the finance committee, expressed skepticism that additional money would be sufficient. He noted that it’s received billions in additional federal funds since 2009.

“Even with those boosts in federal funding and the related increases in commonwealth spending, all we see is added commonwealth debt,” he said at a hearing in Washington Tuesday.

Providing more money for health-care programs, for example, “would necessarily mean reduced funding for other priorities, increased taxes, or even more federal debt,” he said. “That is the unpleasant budget arithmetic that we face. There are no easy answers.”

The commonwealth of 3.5 million people is teetering because of years of borrowing to cover budget shortfalls as the economy stumbled and residents left for the U.S. mainland. Garcia Padilla is seeking to postpone or reduce the government’s debt bills, moving the island toward what would be the biggest restructuring ever in the $3.6 trillion municipal-bond market.

Senator Charles Grassley, the Iowa Republican who chairs the judiciary committee, during the hearing stopped short of endorsing legislation Puerto Rico is seeking that would allow its publicly owned corporations, such as the power company, to file for bankruptcy, as U.S. cities can.

Instead, he recommended exempting Puerto Rico from the minimum wage and shipping laws that drive up the cost of goods. He also suggested setting up a federal board to oversee its finances, though he said any Congressional steps would depend on whether Puerto Rico moved to eliminate deficits at the root of the crisis.

“Congressional help without meaningful reform by the Puerto Rican government won’t work,” Grassley said at the hearing.

The commonwealth is rapidly draining its cash. Unless it can raise money in the capital markets, it could run out of money by the end of the year, just before a large payment is due on its general-obligation bonds, Government Development Bank President Melba Acosta said.

She told the senators that “federal action is essential,” including giving it the same access to the Medicaid and Medicare health-care programs that states have and extending municipal bankruptcy access to the island.

“Puerto Rico has passed the tipping point and faces an immediate liquidity crisis,” she said. That’s “threatening the ability of the government to continue to provide essential services to its residents and to pay its debts when due.”

In addition to approximately $73 billion of public debt, Acosta said Puerto Rico has a $45 billion shortfall in its workers’ retirement system that’s threatening to put more strain on the budget.

Bankruptcy Bill

Puerto Rico, which has already defaulted on some bonds, wants Congress to approve the legislation giving some entities access to Chapter 9 bankruptcy protection. That could avoid a protracted legal fight by allowing the government to restructure some debt in court, rather than through individual negotiations. That bill has yet to advance for lack of Republican support.

With bonds sold through more than a dozen agencies, Puerto Rico has yet to say which securities could be affected and by how much, which has left investors speculating about the scale of losses they may be asked to take. The administration plans to ask investors to exchange their bonds for new debt with lower interest rates or longer maturities. Such a plan may come in the next few weeks.

Going Alone

During the hearing, Puerto Rico’s representative in Congress, Pedro Pierluisi, said lawmakers should end the disparate treatment that applies to the island with respect to federal programs.

“Any notion that the territory alone got itself into this situation and the territory alone must extricate itself from this situation is totally false,” he said. “The truth is that the federal government bears tremendous responsibility for the crisis in Puerto Rico, and so Congress and the president must be part of any solution.”

Bloomberg News

by Kasia Klimasinska

September 29, 2015 — 7:13 AM PDT Updated on September 29, 2015 — 11:39 AM PDT




Stalemate Over Tax Increases Pushes Pennsylvania Yields Higher.

As Congress races to avert a government shutdown, what may be a more prolonged political fight over the budget is dragging on in the state capital 120 miles (193 kilometers) to the north.

In Harrisburg, Pennsylvania, the state government is almost three months into the fiscal year without an agreement on what it can spend because of a divide between the Republican-led legislature and Governor Tom Wolf, a Democrat. At least two school districts say they may soon have to close. Some debt has been downgraded. And investors have pushed yields on the Keystone State’s bonds close to recent highs over top-rated securities, a measure of the perceived risk.

Pennsylvania is the only state aside from Illinois that’s still locked in a stalemate over the budget, a standoff reminiscent of those that once played out in statehouses around the nation after the recession. While public finances have recovered along with the economy, Pennsylvania lawmakers are contending with a $53 billion pension-fund shortfall that’s threatening to hit the state with rising bills, as well as pressure to steer more money into schools.

As a result, investors are demanding yields on 10-year Pennsylvania bonds of 2.71 percent, 0.56 percentage point more than AAA municipal securities, according to data compiled by Bloomberg. That’s just shy of the 0.61 percentage point reached in June, which was the highest since the data began in 2013. Only Illinois and New Jersey, which have even larger pension shortfalls, pay more, according to data on 20 states.

“Pennsylvania is not in as bad a situation as New Jersey or Illinois,” said Scott McGough, director of fixed income for Glenmede Trust Co. in Philadelphia, who is reducing his holdings of Pennsylvania debt. “But clearly, the trend is poor at this point.”

The legislature took a step to temporarily ease the crunch last week, when it passed a budget to provide about four months of funding to schools and other agencies. Wolf, who took office in January, rejected it on Tuesday, saying he wants a comprehensive spending plan.

“The citizens of Pennsylvania want more than half measures, and they deserve better than the status quo,” Wolf said in his veto message to the legislature. The temporary budget locks in human services cuts and is “an avoidance maneuver that fails to adequately fund education.”

Pension Politics

Since March, Wolf and Republicans have been at loggerheads over how to shore up the retirement system, which has less than two-thirds of the assets needed to cover the benefits promised to about 700,000 employees. Wolf vetoed a Republican bill that would have put new workers into defined-contribution plans similar to 401(k)s. He wants to sell $3 billion of debt to inject cash into the retirement system to make up for years of shortchanging it.

Republicans have also balked at his proposal to implement a new tax on natural-gas drillers and raise levies on income and retail sales to fund schools.

The effects are starting to be felt beyond the capital. This month, Moody’s Investors Service lowered the credit ratings of schools that sell bonds through a program that diverts state aid to investors if the districts default. The credit rater said the lack of a budget has cast uncertainty over the funding, heightening the risks to bondholders. Standard & Poor’s has put the districts’ ratings on watch, a first step toward a downgrade.

School Closings

School districts in Carbondale, in the northern part of the state, and to the west in Erie, have warned that they may temporarily close without funds if the budget impasse continues. By October, 41 school districts may see “significant cash-flow difficulties,” according to a senate Republican committee memo. Another 120 would be added to the list by December.

By next month, school districts would be running without more than $3 billion in state aid that was anticipated for the year, according to the Pennsylvania Association of School Business Officials. Administrators have been tapping reserves and lines of credit to compensate, the Harrisburg-based group said.

Schools have borrowed at least $347 million so far and may run up an additional $122 million of debt in October to keep classrooms open, State Auditor General Eugene DePasquale said Tuesday.

Some are pushing down the pain to charter schools. About 24 school districts have eliminated or reduced payments to charter schools, said Tim Eller, executive director of the Keystone Alliance for Public Charter Schools.

Pennsylvania is graded two steps below the state average, in part because of the deficit in its retirement system. S&P and Fitch Ratings cut the state last year to AA-, the fourth-highest level. Moody’s grades Pennsylvania Aa3, the same rank.

Glenmede’s McGough said investors may continue to demand higher yield premiums if the Pennsylvania’s leaders don’t repair the government’s finances.

“You have to address the budget as is, given the revenue coming in, and really right-size your budget,” he said.

Bloomberg News

by Romy Varghese

September 28, 2015 — 9:01 PM PDT Updated on September 29, 2015 — 9:25 AM PDT




Ohio Firefighter and Police Pension Fund to Put Spending Records Online.

The Ohio Police and Fire Pension Fund volunteered to put its spending records online as part of a partnership with State Treasurer Josh Mandel’s online checkbook program.

The announcement comes exactly a week after Mandel criticized the Ohio Public Employees Retirement System for not joining his initiative, which can be accessed at OhioCheckbook.com.

Mandel accused OPERS of trying to hide information from the public, which OPERS officials quickly denied.

“The executive director of OPERS feels that taxpayers do not have a right to see this information and she’s just flat out wrong,” Mandel said today during a press call. “It’s dumfounding that they still refuse to volunteer to put their finances online.”

OPERS officials have continued to say they support transparency, as evidenced by “extensive financial information” provided on their own website.

“It’s disappointing to be continually mischaracterized by the treasurer of state,” said Julie Graham-Price, a media representative from OPERS. “We intend to evaluate the online checkbook initiative; unfortunately, it’s not on the treasurer’s timeline.”

OPERS and Mandel have a history of disagreement. The two sides have clashed over who should control where the multibillion-dollar pension fund’s resources should be invested among other disagreements over reforms.

The police and fire fund is the first pension fund in the United States, according to Mandel, to volunteer to put their financial information online.

“We see no reason why our members as taxpayers should not be able to see what vendors we use, what services we use, what consultants we use, how much we’re paying for our paperclips and pencils, things like that,” said John Gallagher, executive director of the fund. Gallagher added that confidential information would not be put on the website.

The pension fund joins more than 100 state and local government entities that have volunteered to put their spending habits online.

“Obviously we’re a huge fan of the local government stuff … but it really is important for the pension funds to step it up,” said Greg Lawson of the Buckeye Institute, a Columbus-based free market think tank. “It’s just a great example of good government.”

Mandel’s initiative helped the state jump from No. 46 to No. 1 on a U.S. Public Interest Research Group list of transparent states providing online access to government spending.

BY TRIBUNE NEWS SERVICE | OCTOBER 2, 2015

By Dina Berliner

(c)2015 The Columbus Dispatch




S&P’s Public Finance Podcast (Garden City Schools, Michigan, And The Town Of Lawrence, Wisconsin)

In this week’s Extra Credit, ratings analysts Anna Uboytseva and Michael Furla discuss what spurred our rating actions on Garden City Schools, Michigan, and the Town of Lawrence, Wisconsin.

Listen to the Podcast.

Oct. 2, 2015




Munis Cheapest in 5 Weeks to Treasuries as Payrolls Fall Short.

Prices in the $3.6 trillion municipal-bond market are the cheapest in five weeks relative to Treasuries after U.S. payrolls rose less than projected in September, spurring a rally in federal government debt on signs the global slowdown is affecting the world’s largest economy.

Benchmark 10-year munis yield 2.09 percent, compared with 1.92 percent on similar-maturity Treasuries, data compiled by Bloomberg show. The ratio is a measure of relative value between the asset classes. It reached 109 percent Friday, the highest since August, signaling that tax-free bonds are cheap relative to their federal counterparts.

Ten-year Treasury yields plunged 0.11 percentage point after a Labor Department report showed the U.S. added 142,000 jobs, lower than the median forecast of 201,000 from a Bloomberg survey of 96 economists. Weakening foreign markets, a stronger dollar and lower oil prices raise the risk that employers will hold off on adding workers.

Munis rallied to a smaller degree. As prices rose, the yields on both 10-year and 30-year AAA bonds fell 0.02 percentage point to the lowest since April, data compiled by Bloomberg show.
The 10-year muni-Treasury ratio was as low as 94 percent in July. Over the past decade, the figure has averaged 97 percent.

Bloomberg News

by Brian Chappatta

October 2, 2015 — 6:49 AM PDT




Port Authority Leads Rise in Muni Sales; Redemptions Decline.

Municipal bond sales in the U.S. are set to increase in the next month by the most since March, while the amount of redemptions and maturing debt falls.

States and localities plan to issue $15.3 billion of bonds over the next 30 days, according to data compiled by Bloomberg. A week ago, the calendar showed $12.1 billion planned for the coming month. Supply figures exclude derivatives and variable-rate debt. Some municipalities set their deals less than a month before borrowing.

Port Authority of New York and New Jersey plans to sell $2 billion of bonds to refund older securities, Chicago O’Hare International Airport has scheduled $2 billion of mostly refunding debt, Texas Water Development Board will offer $862 million and California will bring $446 million to market.

Municipalities have announced $8.3 billion of redemptions and an additional $8.4 billion of debt matures in the next 30 days, compared with the $25.1 billion total that was scheduled a week ago.

Issuers from New York have the most debt coming due with $2.03 billion, followed by California at $1.16 billion and New Jersey with $602 million. New York City Transitional Finance Authority has the biggest amount of securities maturing, with $916 million.

The $3.6 trillion municipal market shrank by 4 percent in 2014. This year, maturities are poised to drop 38 percent to $176 billion from the 2014 levels.

Investors added $628 million to mutual funds that target municipal securities in the week ended Sept. 23, compared with a reduction of $589 million in the previous period, according to Investment Company Institute data compiled by Bloomberg.

Exchange-traded funds that buy municipal debt increased by $243 million last week, boosting the value of the ETFs 1.4 percent to $17.6 billion.

State and local debt maturing in 10 years now yields 103.873 percent of Treasuries, compared with 103.631 percent in the previous session and the 200-day moving average of 102.526 percent, Bloomberg data show.

Bonds of Tennessee and Michigan had the best performance over the past year compared with the average yield of AAA rated 10-year securities, the data shows. Yields on Tennessee’s securities narrowed 16 basis points to 2.00 percent while Michigan’s declined 9 basis points to 2.30 percent. Puerto Rico and Illinois handed investors the worst results. The yield gap on Puerto Rico bonds widened 72 to 10.69 percent and Illinois’s rose 22 basis points to 3.92 percent.

Bloomberg News

by Kenneth Kohn and Luis Daniel Palacios

October 5, 2015 — 4:36 AM PDT Updated on October 5, 2015 — 8:21 AM PDT




How to Pay for Local California Infrastructure Projects? New Website Offers an Answer.

Downtowns are back in demand. After decades of urban sprawl—and the long commutes, high infrastructure and housing costs, and loss of open spaces that accompany it—Californians are ready for something different. It’s fair to say that there is a growing consensus among the state’s civic leaders that vibrant, walkable communities will be a vital part of sustaining the economy and improving our quality of life.

The question is, how to pay for it?

While market demand for walkable urban places is climbing rapidly—prompting new interest in infill development—this demand has not been supported by reinvestment in the critical infrastructure that denser neighborhoods demand. Nor have communities had access to all the planning and financing tools they need to move ahead quickly with infill projects.

Until now, that is. With the governor’s signature last week on a package of legislation that will expand local governments’ infrastructure financing powers, civic leaders now have at their fingertips everything they need to begin making investments in projects from transit stations and housing to next-generation water facilities.

On the financing side, the new Enhanced Infrastructure Financing Districts may offer the most exciting possibilities. The California Economic Summit has been working over the last year to strengthen these powers, highlighting how they work and identifying the types of projects that could benefit from them. Mark Pisano, co-lead of the Summit Infrastructure Action Team and professor of the practice of public administration at the USC Sol Price School of Public Policy, recently said the new authority had the “potential to be one of [California’s] most significant innovations in public finance over the last decade.”

Now, it is time to spread the word—and show every community in California how they could benefit from this new authority. That’s why Crowdbrite, a longtime partner of the Summit with a strong track record of expanding civic engagement around public projects, has created a new interactive website for these enhanced districts: www.eifdistricts.com.

Designed for city leaders and residents alike, the site provides details on the new statute, summarizing what types of projects communities can finance with these new authorities and providing short videos with frequently asked questions about the new powers. (No, they’re not quite the same as redevelopment).

The site’s Infill Score tool also offers a survey that allows users to assess their own community’s infrastructure needs, to consider what types of projects could earn community support, and to think about how they might be able to deploy these new financing tools to revitalize their neighborhoods and support infill development. This infill-readiness assessment, which calculates a score based upon a community’s record of using 30 unique strategies for incentivizing infill development, builds on the work of the U.S. Environmental Protection Agency and was developed in partnership with the Local Government Commission and a group of city managers and national advisers.

While several major California cities are making plans to use their new EIFD authority (including Los Angeles, Sacramento, and San Jose), Crowdbrite’s new online tool is already beginning to increase awareness of its potential for infill development. Since the website was launched ten days ago, 11 California cities have already completed the survey. Internationally, nearly 1,500 cities have signed up, with 50 cities taking action on this first step to community revitalization.

Now, it’s your turn.

Take a moment to calculate your city’s Infill Score to gauge your community’s readiness for new infill development—and then use the online tool to establish priority projects and identify how to leverage public investment your community’s infrastructure projects require.

After that, it may be time to reach out to your city’s leaders—and to start reinvesting in your community and building a brighter future.

SEPTEMBER 30, 2015 BY DARIN DINSMORE

Darin Dinsmore is the CEO of Crowdbrite. An urban planner and landscape architect with over 15 years experience in community-based planning and design, Dinsmore is also a member of the Summit Infrastructure Action Team.




CUSIP Request Volume Shows Fourth Consecutive Monthly Decline Among Corporate and Municipal Bond Issuers.

“Everyone in the financial markets – including issuers of new debt – is focused on the prospect of the Fed raising rates in September; we’re seeing that reflected in the CUSIP data,” said Richard Peterson, Senior Director of Global Markets Intelligence, S&P Capital IQ. “The combination of increased market volatility and uncertainty around interest rates has created a perfect storm for a slowdown in new issuance. The question now is: how long will it last?”

Read the Press Release.

September 15, 2015




Chicago Okays $2.7 Billion in Bond Sales Amid Credit Rating Warnings.

CHICAGO — Chicago is poised to issue more than $2.7 billion of debt amid warnings that its core credit ratings could be downgraded depending on the outcome of the city’s fiscal 2016 budget.

Both Standard & Poor’s and Fitch Ratings said this week they could downgrade Chicago’s BBB-plus general obligation ratings if the city does not adequately address escalating pension payments.

“If the final budget that is adopted by the end of the calendar year fails to cover the larger pension payments with an identifiable and reliable revenue source, it would likely strain the rating, potentially resulting in the rating being lowered by multiple notches,” S&P said in a report.

Fitch Ratings said Chicago risks a downgrade if it fails to put pension payments on a solid funding path or raids budget reserves. Moody’s Investors Service, which dropped Chicago’s rating to junk in May, withheld comment until a final budget is enacted.

Mayor Rahm Emanuel proposed a budget on Tuesday that includes the biggest-ever city property tax hike to cover increased contributions to public safety worker pensions.

To make the $543 million tax hike, phased in through 2018, palatable to city aldermen, Emanuel is seeking an expanded tax exemption in the Illinois Legislature to shield homes valued at $250,000 or less from the increase. His budget also counts on enactment of a bill that spreads out the city’s police and fire pension payments.

Additionally, Chicago is betting the Illinois Supreme Court will uphold the constitutionality of a state law aimed at shoring up the sagging finances of its municipal and laborers’ retirement systems, partly through benefit cuts.

S&P said that given these “uncertainties,” it expects city officials to consider contingency plans for addressing a $20 billion unfunded pension liability.

At a press conference on Thursday, Emanuel said the city is “on strong ground” with its legislative efforts.

Earlier, the city council gave final approval to the sale of up to $500 million of general obligation bonds in a deal that will push out payments on $225 million of outstanding debt and refund the rest for possible savings.

Aldermen also approved up to $2 billion of new and refunding O’Hare Airport revenue bonds and up to $225 million of sewer bonds, including $125 million to end interest-rate swap agreements. The airport and sewer bonds are expected to price in October, with the GO bonds selling in the coming months, a city spokeswoman said.

By REUTERS

SEPT. 24, 2015, 3:33 P.M. E.D.T.

(Reporting By Karen Pierog; Editing by David Gregorio)




Chicago Faces Tax Increase, Rise in Fees.

CHICAGO — Mayor Rahm Emanuel is proposing a historic property tax increase, while expanding fees on trash collection and taxi rides under a plan to confront a growing fiscal crisis in the nation’s third largest city.

The proposal comes months into the second term of Mr. Emanuel, a former congressman and chief of staff to President Barack Obama, as he runs out of options to address ballooning pension costs that are coming due.

During his first term, the mayor focused on trying to gain concessions from city workers and retirees, but was stymied by the courts and organized labor.

Mr. Emanuel’s plan would raise an additional $544 million from property taxes alone phased in over four years under what is being described as the largest tax rise in city history. He also proposes raising additional revenue by taxing e-cigarettes, expanding fees on garbage pickup, and adding fees on taxi and ride-sharing services.

“As we continue to grow our economy, create jobs and attract families and business to Chicago, our fiscal challenges are blocking our path,” Mr. Emanuel said in a statement.

Details of the proposal were released by the Emanuel administration Monday ahead of his budget address to the city council on Tuesday.

Parts of the plan leaked in recent weeks have faced pushback from some aldermen and public rebuke at hearings. Many have voiced concerns about the cost to working families.

“We must ask the very wealthy and big corporations to pay their fair share in taxes so we can finally fix our structural deficit and get on track to fiscal sanity,” said Alderman Leslie Hairston, who is among the council members pushing for tax rebates for working families and changes in how commercial buildings are taxed.

The Emanuel administration said it would seek changes in state law to protect those who own homes valued at $250,000 or less from the brunt of the tax increase.

The proposal comes as Mr. Emanuel looks to keep Chicago from becoming an increasing outlier among U.S. cities. The Midwest hub faces many of the challenges that other aging cities are experiencing, from population declines to crumbling infrastructure.

But sharply rising municipal pension costs and mounting state fiscal problems have helped set Chicago apart. Moody’s Investors Service dropped the city’s credit rating to junk earlier this year.

Mr. Emanuel’s proposal includes cost savings from eliminating vacant positions to redesigning how streets are swept, but largely relies on new revenue to confront its fiscal problems.

The property-tax boost would go to pay for a $550 million increase in pension costs for police officers and firefighters required by the state to ensure their retirement systems remain solvent. The Emanuel administration is lobbying the state to allow the hike to be phased in over time, matching the property-tax-increase schedule.

Administration officials said the mayor has few options.

During his first term, Mr. Emanuel had focused on reaching agreements with city workers to lower pension expenses by reducing cost of living increases and requiring current employee to increase their contributions. But a court ruling in July derailed such efforts, saying the city couldn’t change already promised retirement benefits.

Monday’s proposal is separate from the Chicago school district’s budget, which isn’t funded through the school year and is counting on help from the state.

THE WALL STREET JOURNAL

By MARK PETERS

Updated Sept. 21, 2015 8:07 p.m. ET

Write to Mark Peters at mark.peters@wsj.com




Puerto Rico Sends Reassurance as Debt Talks Poised to Begin.

Puerto Rico’s pledge to take the constitutional priority of its general-obligation bonds in consideration is seen as a message that the commonwealth is willing to work with investors as debt restructuring talks begin.

“It’s an important step for them just to reinforce that there are rules and that they know that there are rules and that they’re going to be trying to work around them with bondholders,” said Matt Fabian, a partner at Concord, Massachusetts-based Municipal Market Analytics. “Maybe that works, maybe it doesn’t.”

Administration officials tasked with reducing the island’s debt load or suspending debt-service payments met Thursday with Governor Alejandro Garcia Padilla and lawmakers to develop guidelines for a potential voluntary exchange of existing debt for new bonds with possible security improvements, according to a document released late Thursday. Those principles include seeking to take into account the priorities of the debt that creditors hold.

Puerto Rico has $13 billion of general-obligation debt outstanding, which the island’s constitution stipulates must be repaid first. Other securities are backed by specific revenues and lack that protection. Acknowledging that it would seek to respect the constitutional priority of its general obligations may help Puerto Rico in the future when it looks to borrow through the capital markets, said Fabian.

Puerto Rico’s government and its advisers said on Sept. 9 that a proposal to pare the commonwealth’s debt would be released in a few weeks. The government plans to start meeting with investors by mid-October to begin negotiations.

Puerto Rico has already initiated talks with advisers to bondholders of Government Development Bank debt, seeking to potentially exchange those obligations for new securities. About $336 million of GDB debt matures Dec. 1.

Here’s a list of the island’s biggest bond issuers, how much long-term debt they have, and when major monthly payments are due, according to data compiled by Bloomberg.

General-obligations: $13 billion. The debt backed by the commonwealth’s full faith and credit. The island’s constitution says general obligations must be repaid before other expenses. Puerto Rico owes $357 million of interest in January and an additional $805 million of principal and interest is due July 1.

Puerto Rico Sales Tax Financing Corp.: $15.2 billion. The bonds, known by the Spanish acronym Cofinas, are repaid from dedicated sales-tax revenue. A $6.2 billion portion of the debt, called senior-lien, is repaid first. The remaining $9 billion, called subordinate-lien, get second dibs. After paying $12.5 million of principal and interest in August, $1.2 million of interest is due in November, February and again in May.

Puerto Rico Electric Power Authority: $8.3 billion. Prepa, as it’s called, is the island’s main supplier of electricity and repays the debt from what it charges customers. The utility owes $196 million of interest in January and $420 million of principal and interest July 1.

Puerto Rico Government Development Bank: $5.1 billion. The GDB lends to the commonwealth and its localities. When those loans are repaid, the bank can pay off its debt. The GDB is seeking to restructure its obligations through a debt exchange. The bank owes $354 million in December and $422 million in May.

Puerto Rico Highways & Transportation Authority: $4.7 billion. The highway agency repays its debt with gas-tax revenue. It owes $106 million of interest in January and $220.7 million of principal and interest in July.

Puerto Rico Public Buildings Authority: $4.1 billion. The PBA bonds are repaid with lease revenue from public agencies and departments of the commonwealth. The agency owes $102.4 million of interest in January and $207.6 million of principal and interest in July.

Puerto Rico Aqueduct & Sewer Authority: $4 billion. The utility, called Prasa, supplies most of the island’s water. The debt is repaid from water rates charged to customers. The water agency owes $86.5 million of interest in January and $135.1 million of principal and interest in July.

Puerto Rico Pension-Obligation Bonds: $2.9 billion. The taxable debt was sold to bolster the island’s main pension fund. The bonds are repaid from contributions that the commonwealth and municipalities make to the retirement system. The next maturity is July 2023 and the system pays $13.9 million of interest every month in this budget year.

Puerto Rico Infrastructure Financing Authority: $1.9 billion. Called Prifa, the agency has sold the island’s rum-tax bonds. These are securities repaid from federal excise taxes on rum made in Puerto Rico. Prifa owes $37.2 million of interest in January and $77.8 million of principal and interest in July.

Puerto Rico Public Finance Corp.: $1.09 billion. The PFC bonds are repaid with money appropriated by the legislature. The agency defaulted on its Aug. 3 and Sept. 1 debt-service payments because the legislature failed to allocate the funds. It owes interest every month, the largest being a $24 million payment in February.

Bloomberg News

by Michelle Kaske

September 25, 2015 — 12:59 PM PDT




Bloomberg Brief Weekly Video - 09/24/15

Taylor Riggs, an editor at Bloomberg Brief, talks with reporter Kate Smith about this week’s municipal market news.

Watch the video.

September 24, 2015




Puerto Rico's Bonds Overshadow Pension Fund Poised to Go Broke.

Puerto Rico’s $72 billion debt burden overshadows another financial threat to the Caribbean island: a government workers pension fund that’s set to go broke in five years.

As Governor Alejandro Garcia Padilla prepares to push for bondholders to renegotiate debts he says the commonwealth can’t afford, he’s also contending with an estimated $30 billion shortfall in the Employees Retirement System. The pension, which covers 119,975 employees, as of June 2014 had just 0.7 percent of the assets needed to pay all the benefits that had been promised, a level unheard of among U.S. states.

If not fixed, the depleted fund could jeopardize a fiscal recovery by foisting soaring bills onto the cash-strapped government even if investors agree to reduce the island’s debt. The system is poised to run out of money by 2020, which would leave the government on the hook for more than $2 billion in benefit payments the next year alone, according to Moody’s Investor’s Service. That’s equal to about one-fourth of this year’s general-fund revenue.

“As Puerto Rico shoulders that burden of paying for pension benefits outright, that’s obviously going to cripple their budget,” said Ted Hampton, a Moody’s analyst in New York.

Crisis Builds

The debt crisis gripping the island, with a population of 3.5 million, is the outcome of years of borrowing to pay bills while the economy stumbled and residents left for the U.S. mainland. In August, Puerto Rico defaulted on some bonds for the first time, and Garcia Padilla has said that reducing its debt is crucial to the island’s economic recovery.

His administration and outside advisers on Sept. 9 released a plan to repair the island’s finances, which included closing schools and reducing benefits to the poor. It also envisions making increased pension payments that have been delayed because the government hasn’t had the money.

“We believe this plan addresses the system’s needs and assures pensioners and participants that their benefits will be paid,” Pedro Ortiz Cortes, administrator for the retirement system, said in an e-mail Thursday.

Workers’ Doubts

Puerto Rico’s failure so far to address its long-building pension shortfall has fostered anxiety among workers, who are concerned that their benefits will be reduced amid competing demands from creditors. “A reduction in benefits would be horrible,” said Eduard Rodriguez Santiago, a 38-year old firefighter. “Things are getting more expensive.”

Garcia Padilla, in a speech after the release of the fiscal plan, said that workers have already sacrificed enough. In 2013, the government raised the retirement age, increased employee contributions and reduced or eliminated retiree bonuses.

“Solving the pension problem is almost tougher than debt because people will take to the streets if you start seeing pension checks quit going out,” said Tom Schuette, co-head of credit research at Solana Beach, California-based Gurtin Fixed Income Management LLC, which manages $9.6 billion of municipal securities. “It’s almost much easier to anger investors on the mainland as opposed to residents who can vote you out of office.”

Current and prior administrations have implemented changes to improve the pension system, including by closing it to new employees and offering them annuities instead. To give it cash to invest, it sold $2.9 billion of bonds in 2008, just before the credit crisis caused stock prices to plunge. The system is now obligated to repay the securities, which have tumbled in value amid doubts about its ability to do so.

As Puerto Rico has cut the number of workers on its payrolls, there are fewer paying into the retirement system. The island had 116,000 central-government employees in May 2015, down 27 percent from seven years earlier, according to the report by the government and its advisers.

While new employees haven’t been eligible for traditional fixed-benefit pensions since 2000, the step didn’t stop Puerto Rico’s growing liabilities. The new employees, called System 2000 participants, will receive an annuity instead. Their contributions are being used by the pension system to meet its obligations.

New Liabilities

“They’re using these payments to shore up their existing defined-benefit plan,” said Hampton, the Moody’s analyst. “Their defined-contribution plan isn’t really taking hold. It’s just creating new liabilities for the central government.”

Puerto Rico is facing more immediate concerns because it may be short of cash as soon as November. That may leave it forced to choose between paying workers and retirees or bondholders, with $357 million of interest on its general obligations due Jan. 1.

“If the government has to decide between making a big general-obligation payment in January or making sure they have enough for payroll or for pensioners in December, I think they’re going to go with the pensioners or payroll,” Sergio Marxuach, public-policy director at the Center for a New Economy, a research group in San Juan. “You’re not going to send government workers home without money during Christmastime.”

Bloomberg News

by Michelle Kaske

September 24, 2015 — 9:01 PM PDT Updated on September 25, 2015 — 5:33 AM PDT




Puerto Rico Agency Reaches Tentative Pact With Fuel Lenders.

Puerto Rico’s main power utility reached a tentative agreement with lenders on fuel purchases that would reduce interest rates on $700 million of debt that has already matured and extend repayment for at least six years.

The Puerto Rico Electric Power Authority and lenders including a unit of Bank of Nova Scotia and Solus Alternative Asset Management agreed to convert the debt, which matured in 2014, into six-year term loans with a 5.75 percent interest rate or exchange all or part of the principal due under existing credit agreements for new bonds. The securitized debt would include a 15 percent principal reduction and a five-year moratorium on payments.

The principal reduction is equal to the amount accepted by holders of about 35 percent of its $8.3 billion in bonds earlier this month. The utility, known as Prepa, is still in talks with tax-exempt bond insurers in what would be the largest-ever restructuring in the $3.6 trillion municipal-bond market.

The utility restructuring is the first step toward Puerto Rico’s goal to lower its debt burden.

“The terms for those lenders are very attractive in this agreement, but the total amount is small and Prepa needs access to fresh fuel financing,” said Matt Fabian, a partner at Concord, Massachusetts-based Municipal Market Analytics.

The tentative pact comes a year after the fuel lenders entered a forbearance agreement, where they pledged to not file suit against Prepa while the debt talks were ongoing. That accord was set to expire Sept. 25.

Bond Insurers

“The best path forward for Prepa, as well as the creditors, involves sharing the burden among all stakeholders. We continue to negotiate with our monoline bond insurers in an effort to reach agreement that will allow Prepa to continue to implement its transformation,” said Lisa Donahue, Prepa’s chief restructuring officer, said in a statement Tuesday.

Prepa owed Scotiabank de Puerto Rico about $550 million as of August 2014, according to the forbearance agreement. The utility owed another $146 million to Citigroup Inc. as of that period. Solus bought that loan from Citigroup earlier this year. The agreement would lower interest rates to 5.75 percent from 7.25 percent, according to Prepa’s statement.

“We are pleased that the syndicate of fuel-line lenders and Prepa have reached a mutually beneficial agreement in principle to support Prepa’s ongoing operational transformation,” Marcelo Gomez-Wiuckstern, a spokesman for Scotiabank, said in an e-mail.

Solus declined to comment through Julia Kosygina, a representative at Abernathy MacGregor Group Inc.
Bond insurers including Assured Guarantee Ltd. and Syncora Guarantee Inc. declined to extend their forbearance contract beyond Sept. 18. MBIA Inc. dropped out of the forbearance earlier this month. An accord with bondholders will expire Oct. 1 unless the parties extend it.

Bloomberg News

by Michelle Kaske

September 22, 2015 — 1:27 PM PDT Updated on September 22, 2015 — 2:43 PM PDT




BlackRock Sees Higher Puerto Rico Gap Than Morgan Stanley.

Puerto Rico’s five-year budget deficit leans closer to the commonwealth’s $14 billion forecast rather than a Morgan Stanley estimate that cuts that figure by more than half, according to BlackRock Inc.’s Peter Hayes.

Commonwealth officials and their advisers, called the Working Group, unveiled on Sept. 9 a five-year fiscal and economic growth plan that projects the island’s budget will be short $14 billion because of increasing health-care expenses and retirement costs. The report’s base-case scenario estimates the island’s gross national product will decline by one percent and may increase by as much as 2 percent in a high-growth scenario, according to the plan.

One Morgan Stanley scenario takes a different view. Puerto Rico has overestimated its funding gap, according to a presentation distributed Sept. 11 by Ryan Brady, an analyst on Morgan Stanley’s municipal-debt trading desk in New York. The bank estimates a $5.57 billion deficit through fiscal 2020, according to the report. Yet that forecast may be too low, Hayes said Tuesday on Bloomberg Television.

“We’re on the higher side,” said Hayes, who helps oversee $116 billion as head of municipal debt, including Puerto Rico securities, at New York-based BlackRock. “We think some of the economic assumptions are well founded,” Hayes said about the Working Group’s estimates.

How to best gauge Puerto Rico’s estimates are even in dispute within Morgan Stanley. Research analysts led by Michael Zezas, who work separately from the trading desk, put out a note the day before Brady’s presentation stating that “we could not patch together a budget baseline with a strong enough degree of confidence.”

Puerto Rico and its agencies owe $72 billion. Officials plan to offer investors a debt-restructuring proposal in the next few weeks after saying the commonwealth will only have $5 billion in the next five years to repay $18 billion of principal and interest coming due. Governor Alejandro Garcia Padilla in June said Puerto Rico and its localities were unable to repay all of its obligations on time and in full.

The Working Group’s five-year plan follows a report compiled by former International Monetary Fund economists led by Anne Krueger and commissioned by Puerto Rico. The Krueger report calculates a five-year deficit of $9.6 billion.

“When you look at the economy of Puerto Rico, there’s a lot of reforms that need to take place,” Hayes said. “And if they don’t, it’s likely that deficit is going to be higher rather than smaller.”

Bloomberg News

by Michelle Kaske

September 22, 2015 — 11:48 AM PDT Updated on September 22, 2015 — 12:32 PM PDT




Goldman Sachs to Extend Maturity Date of Headquarter Bonds.

Goldman Sachs Group Inc. is extending the life of some debt that financed its downtown Manhattan headquarters.

The New York Liberty Development Corp. plans to issue $22 million of tax-free debt on behalf of a Goldman Sachs subsidiary that funded construction of the firm’s 1.9 million-square-foot building at 200 West Street. The 20-year bonds will be tacked onto its outstanding $1.24 billion of securities due in 2035 that were sold 10 years ago. Proceeds will pay off owners of obligations that mature Oct. 1, according to offering documents.

The New York agency, which was created to spur development after the terrorist attacks on Sept. 11, 2001, is an example of conduit agencies across the U.S. that give companies access to the tax-exempt securities market to reduce interest costs. Goldman Sachs initially borrowed about $1.3 billion in 2005 through the Liberty Bond program, which was projected to save it at least $100 million over the life of the debt.

Trade Center

“This is a relatively small chunk of the deal that’s coming due and to try to re-market that separately can be difficult,” Jonathan Beyer, senior legal counsel at Empire State Development, said at a Sept. 1 meeting. The Liberty Development Corporation is a subsidiary of the firm. “The idea is to extend the maturity and consolidate it in a larger package for sale.”

Others who have tapped the public corporation for financing include developer Larry Silverstein, who sold $1.6 billion of tax-exempt bonds last year to finance the construction of 3 World Trade Center, and Bank of America Corp., which borrowed for its tower across from Bryant Park in midtown Manhattan.

The new bonds for Goldman Sachs are considered a second tranche of the 2005 borrowing and will carry the same 5.25 percent interest rate as the 2035 debt. The securities could still be priced at a lower yield. Municipal debt due in two decades yield 0.6 percentage point less than 10 years ago, Bond Buyer data show.

While a security reopening is common in the U.S. Treasury market, it’s rare in the $3.6 trillion municipal market. In such a transaction, a borrower sells an extra portion of previously issued debt with the same maturity and interest rate, even though it comes to market later at a different price.

The bonds have the same ratings as Goldman Sachs, which guarantees the debt service payments of its subsidiary. Moody’s Investors Service has the debt at A3, four steps above speculative grade and equivalent to the A- rank from Standard and Poor’s.

Tiffany Galvin, a spokeswoman in New York for Goldman Sachs, declined to comment on the deal beyond the offering statement.

Bloomberg News

by Brian Chappatta

September 22, 2015 — 9:07 AM PDT Updated on September 22, 2015 — 1:38 PM PDT




Bloomberg Video: What's Behind the Municipal Bond Mess?

BlackRock Municipal Bond Head Peter Hayes discusses municipal bonds and Puerto Rico’s debt. Bloomberg’s Kate Smith also reports on “Bloomberg Markets.”

Watch the video.

September 22, 2015




Chicago Faces Record Tax Hike as Pensions Compound Deficit.

Chicagoans are bracing for the biggest property tax increase in the city’s history as Mayor Rahm Emanuel contends with a budget shortfall and soaring retirement bills that have sent its credit rating tumbling.

Emanuel, a Democrat, on Tuesday proposed raising property taxes by $588 million over the next four years. That would inject cash into the city as it faces a $426 million deficit and a pension-plan debt that’s grown to $20 billion, more than $7,000 for each resident.

The tax increase would mark one of the biggest steps yet by Emanuel to shore up the finances of the third-largest U.S. city, which is under pressure from Wall Street as investors demand higher yields to buy its securities. Moody’s Investors Service, Standard & Poor’s and Fitch Ratings have all downgraded Chicago this year, giving it the lowest rating of any big U.S. city except for once-bankrupt Detroit.

“Our greatest financial challenge today is the exploding cost of unpaid pensions,” Emanuel said during his budget speech, which ended with a standing ovation from the packed city council chamber. “It’s a dark cloud that hangs over the rest of our city’s finances.”

“The bill is due today,” Emanuel said. Without the new revenue, the city would need to lay off 2,500 police officers, close 48 fire stations and cut 2,000 firefighting jobs to cover pensions costs, he said.

Welcomed Move

The prospect of higher taxes has been welcomed by investors. Federally tax-exempt Chicago bonds maturing in 2035 traded Tuesday for an average of 94.6 cents on the dollar, up from 88.7 cents on Aug. 27. That lowered the yield to 5.5 percent, about 2.5 percentage points more than top-rated debt, according to data compiled by Bloomberg.

“This is not kicking the can down the road,” said Paul Mansour, head of municipal research in Hartford, Connecticut, at Conning, which holds Chicago debt among its $11 billion of municipal securities. “We’re actually going to do something here that is going to sting. We’re moving from gamesmanship to action steps.”

The financial squeeze on Chicago emerged after officials shortchanged the pension funds by more than $7 billion over the past decade, freeing up cash for other uses. That’s caused the projected retirement bill to swell to about $1 billion next year, more than doubling since 2014, as it makes up for years of failing to set aside enough to cover pension checks for police officers, firefighters and other city employees.

The move to raise taxes, which needs the approval of the city council, is a shift for Emanuel, who won re-election in April after touting his record of not lifting property, gas or sales taxes. In May, Moody’s cut Chicago’s bonds to junk, saddling the city with higher interest bills as it refinanced debt.

“I think that public service requires people to display courage and to take tough votes,” Alderman Edward Burke, chairman of the finance committee told reporters after Emanuel’s address. “This is going to be a tough vote.”

The property tax hike, which will be used for pensions, will start with a $318 million increase in 2015 followed by an additional $109 million in 2016, $53 million in 2017 and $63 million in 2018. A $45 million special real-estate levy that state lawmakers approved in 2003 would also be enacted to ease overcrowding at schools.

“It’s a good faith example of what Chicago needs to kind of right their ship and improve their finances,” said Alan Schankel, a managing director at Janney Montgomery Scott LLC in Philadelphia. “It’s not going to solve all the problems of the world, but they’re taking the right steps and that’s important.”

Chicago’s next annual pension payment will jump 10 percent $976 million, according to an annual financial analysis released July 31. That’s on top of the $549 million it still owes to police and firefighter retirement funds for this year. While state lawmakers approved lowering this year’s payment to $328 million, Republican Governor Bruce Rauner has yet to sign it.

The city is also fighting a court challenge to its effort to cut some employee benefits and require them to pay more into the retirement system. A state judge in July ruled that the steps are illegal, siding with the workers.

Business Opposition

The tax-increase plan has already drawn some opposition from businesses. The burden may fall largely on commercial property owners, said Ron Tabaczynski, director of government affairs for the Building Owners and Managers Association of Chicago. Emanuel wants to exempt owners of homes valued at $250,000 or less from the hike.

“Businesses start rapidly approaching that tipping point where it’s just not worth doing business here,” Tabaczynski said.

The fiscal pain is being shared in other ways. Residents who don’t already pay for garbage pick-up will have to pay $9.50 a month for refuse collection, generating about $62.7 million, according to Emanuel’s proposal. He’s also pitching higher fees on taxis and ride-hailing services like Uber Technolgies Inc. to produce about $48.6 million.

This tax increase is welcome step toward dealing with Chicago’s financial strains, said Dan Heckman, senior fixed-income strategist in Kansas City, Missouri, at U.S. Bank Wealth Management, which oversees about $127 billion of bonds.

“Doing nothing is not going to solve it, and doing only a little will only prolong this,” said Heckman, whose firm doesn’t hold Chicago debt. “That’s a concern on a lot of investors’ minds.”

Bloomberg News

by Elizabeth Campbell

September 21, 2015 — 3:46 PM PDT Updated on September 22, 2015 — 10:36 AM PDT




PortMiami Hoping to Continue P3 Success.

A new public private partnership (“P3″ or “PPP”) is coming to PortMiami. Royal Caribbean Cruises, LTD (“RCCL”) seeks to design, build, finance, operate, and maintain a new cruise terminal in the northeast section of the Port. RCCL’s plans have been preliminarily memorialized in a non-binding Memorandum of Understanding that was approved at this Wednesday’s Miami-Dade County Commission meeting. Subsequent Commission approvals will be needed for the binding deal documents and agreements.

Typical of a P3, RCCL will do more than simply enter into a ground lease for space in a terminal. It will share the risk of designing, constructing, operating, and most importantly to the Port, financing the terminal. The maintenance responsibilities will be split between maintenance of the leasehold improvements by RCCL and maintenance of the common areas outside the leased premises by the County, satisfying the remaining “M” element in the DBFOM (design, build, finance, operate, maintain) acronym that is used to characterize a P3.

The P3 with RCCL comes after the successful completion of the Port Tunnel P3 that has garnered a visit and praise from President Obama who extolled it as an example of the kind of P3 that should be used around the country to modernize aging transportation infrastructure. The $1 billion P3 was built because it was expected to divert vehicles from and reduce congestion in Downtown Miami and reduce travel time to and from the Port. In less than a year, the Port Tunnel met and even exceeded many expectations.

The Port Tunnel P3 was structured as an availability payment-based concession agreement. With this financing structure, the private-sector partner constructs, operates, and maintains the facility with its own funds, and the public agency (in the case of the Port Tunnel, Florida Department of Transportation) makes payments to its partner based on the project’s availability for use by the public. The public agency bears risks pertaining to the demand for the facility because the amount it pays to the private sector party does not change even if the project is not used to the extent anticipated, though the availability fee may be offset with user fees received from public use of the project or facility. The risk for the private party includes the fact that this fee structure relies on the public budget, which may be subject to budgetary conditions and constraints and political pressure. There are also risks pertaining to delays, repairs, and increased costs that could lead to the private-sector partner missing key deadlines or taking the project out of service, which would lead to penalties for unavailability.

PortMiami is likely to also have new commercial development on its southwest corner given the interest that has been expressed by several groups, including one whose request for waiver of a competitive process was rejected. As Miami-Dade County continues to make strides in financing projects and providing solutions to infrastructure problems with P3s, it can look to the success at the Port as assurance that P3s can do well in Miami-Dade County.

© 2015 Bilzin Sumberg Baena Price & Axelrod LLP

posted on: Monday, September 21, 2015

The National Law Review




S&P's Public Finance Podcast: (The Rating Action On New Mexico State University).

In this week’s Extra Credit segment, Director Bianca Gaytan-Burrell discusses what prompted our recent rating action on New Mexico State University.

Listen to the podcast.

Sep. 25, 2015




Rhode Island Averts Pension Disaster Without Raising Taxes.

Chicago is facing its biggest tax increase in memory, to raise money for pension payments. Illinois is stymied by a $110 billion pension shortfall. In New Jersey, public workers are in court over a failed pension deal. From Pennsylvania to California, pensions costs are crowding out aid for public education.

But even as pensions keep squeezing budgets and setting off court battles around the country, Rhode Island, America’s smallest state, appears to have found its way out of the quagmire. Its governor, Gina M. Raimondo, has finished a four-year pension overhaul without raising taxes or issuing risky pension-obligation bonds. Union leaders who fought her at first ultimately negotiated the terms, deciding that a court fight over her plan might do more harm than good.

“Raimondo had the highest hill to climb,” said Daniel DiSalvo, a senior fellow at the Manhattan Institute who has been comparing different states’ efforts to rein in pension costs. Her initiative was among the most ambitious, he said, and she started “from what was, in many respects, the weakest institutional position.”

Her experience, Mr. DiSalvo and others say, could be a case study for other states and municipalities struggling with pensions and other long-term obligations that cost much more than expected. And the timing could hardly be more critical, given predictions that the fiscal health of state and local governments is likely to remain under stress for years as the population ages.

“We may be entering a new fiscal ice age,” a long period when demographic forces will make financing cities and states even harder than it is now, Mr. DiSalvo said.

That is not to say everyone is happy with the result. To the contrary, bitterness remains in Rhode Island, where public retirees’ annual increases have been suspended, and public workers have had to trade in part of their defined-benefit pension plan for a 401(k)-style benefit, where they must bear investment risk.

“No other entity would get away with what the State of Rhode Island is doing to their retirees,” said Louise Bright, a retired state financial manager, who had wanted a trial to resolve key legal issues. “A contract is a contract, even when that contract involves senior citizens.”

Ms. Raimondo, who started her battle as state treasurer, faced obstacles not unlike those confronting Mayor Rahm Emanuel of Chicago: entrenched political machinery, powerful unions, a decades-old practice of promising rich pensions without setting aside enough money to pay them, truculent taxpayers, record numbers of retirees and an all-enveloping fog of discredited numbers. Both are Democrats in blue states. Both had to deal with “mature” pension systems that were paying out more in benefits than they were receiving in contributions, a situation that can quickly become unmanageable.

But Ms. Raimondo was able to revamp her state’s pension system, keeping some of the traditional structure while lowering the cost, and surviving lawsuits by workers and retirees who called her moves unconstitutional.

Mr. Emanuel’s attempts to rein in pension costs, in contrast, have been thrown out by a judge, leading to his appeal this week for a big tax increase.

“Our greatest financial challenge today is the exploding cost of our unpaid pensions,” he told the Chicago City Council on Tuesday. “It is a big dark cloud that hangs over the rest of our city’s finances.” Without raising taxes, he warned, Chicago will have to finance its pension promises by laying off thousands of police officers and firefighters, ending rat-control programs and letting street repairs lapse, among other cost-cutting measures.

“Our city would become unlivable,” he said.

That is the bullet Ms. Raimondo has dodged. A former venture capitalist and Rhodes Scholar with an economics degree from Harvard, she could see early on that her state’s cheery pension disclosures were papering over a crisis.

Ms. Raimondo was also willing to rest her case for a pension makeover on a contrarian interpretation of the law and hold firm when the unions sued.

“We thought we had a good case,” she said, “but most important, I knew I couldn’t be afraid of a potential lawsuit.”

Ms. Raimondo also had a quirk of the law on her side. In most states, lawmakers or the courts have taken steps to make public pension systems creatures of contract law, as opposed to mere creatures of statute. This may sound obscure, but the difference is critical. Statutes are relatively easy to change — lawmakers just amend the law. But states that want to tear up pension contracts face an uphill fight, because of a clause in the United States Constitution that bars them from enacting any law that retroactively impairs contract rights.

The clause dates to post-Revolutionary America, when the framers wanted to stop the states from giving themselves debt relief. Since then, similar clauses have been added to state constitutions as well. And over the last century, many states have extended the contract clause to cover their pension systems.

But in Rhode Island, Ms. Raimondo said, lawmakers never got around to making the state pension system contractual. “In every state it’s different, but in Rhode Island, the whole pension system is set out in statute.”

Unions disputed that, but Ms. Raimondo forged ahead based on her conviction. That gave her a big tactical advantage: All she had to do was persuade the state legislature to amend the pension law, something it had already done many times.

Compare that with Mr. Emanuel’s predicament.

Unlike Rhode Island, Illinois did make public pensions contractual. Its constitution bars cities like Chicago from imposing pension cuts on their workers.

So while Ms. Raimondo was able to move toward her statutory goal in Rhode Island, Mr. Emanuel has been left haggling with 33 unions in Chicago, trying to find common ground for a makeover that would shrink pensions but fund them properly.

Eventually, he did get buy-in from all but three unions and from state lawmakers in Springfield. The city even programmed pension changes into its computers. But then the deal fell apart, when a small number of holdouts won an injunction. Chicago was ordered to wait for the State Supreme Court to decide the constitutionality of a separate pension overhaul by the state. The court found it unconstitutional and not long after that, a Cook County judge said the ruling was binding on Chicago, too.

And that is why Mr. Emanuel is calling for a big tax increase.

For Ms. Raimondo, persuading the state legislature to do radical pension surgery was a matter of explaining the depths of the problems. She began a series of town hall meetings, where she said that the state had promised its workers far more than it could deliver. The mismatch was so big that if the pension system collapsed, it could take the state down with it, she warned.

And then, in the middle of her road show, the small city of Central Falls went bankrupt. It had never joined the state pension system, preferring to run its own plan, and now its pension fund for police officers and firefighters had run completely out of money. The pensions of retirees, some elderly and infirm, were cut sharply.

“You’d see them interviewed on the nightly news,” Ms. Raimondo recalled. “These were guys who did everything right. They followed all the rules, and then their city went bankrupt and their pensions were cut in half.”

That was a persuasive moment for lawmakers. In November 2011, Gov. Lincoln Chafee called the legislature into special session. Amendments to the pension law passed overwhelmingly, allowing cuts to be made.

Unions and retiree groups sued, and the judge hearing the dispute, Sarah Taft-Carter, said early on that unlike Ms. Raimondo, she saw an “implicit contract” protecting public pensions in Rhode Island. But that was not the end of it. Contract jurisprudence still gives a state some wiggle room to unilaterally impair contracts, under narrow circumstances and with close judicial supervision.

Judge Taft-Carter ordered the state and the unions to try to resolve their disputes in mediation, warning that if they failed, there would be a jury trial.

Confidential talks began, but in the meantime, the state was permitted to carry out the changes.

A settlement finally emerged this year, which, among other things, gave one-time payments to current retirees, to soften the blow of losing their cost-of-living adjustments. Judge Taft-Carter held a “fairness hearing,” giving those affected a chance to sound off. Many expressed anger. But one union leader, Robert Walsh of the National Education Association of Rhode Island, said that after much soul-searching he had decided to support the settlement as the best deal for his 7,500 members.

A settlement, he said, “can be fair and heartbreaking at the same time.”

THE NEW YORK TIMES

By MARY WILLIAMS WALSH

SEPT. 25, 2015




U.S. Municipal Debt Sales to Hit $6.9 Billion Next Week.

Next week’s sale of $6.9 billion of bonds and notes in the U.S. municipal market will feature hefty debt offerings from two states, according to Thomson Reuters estimates on Friday.

Washington state tops the week’s calendar at $944 million.

This includes $497.8 million of general obligation bonds it is offering via competitive bid in part on Wednesday and through Bank of America Merrill Lynch in part on Monday. Those bonds carry serial maturities from 2016 through 2040, according to the preliminary official statement.

The state will also competitively sell nearly $192 million of motor fuel tax GO bonds due from 2016 through 2040, $60.7 million of taxable GO bonds maturing from 2016 through 2021, and $193.7 million of GO refunding bonds maturing from 2016 through 2024.

The bonds are rated AA-plus by Standard & Poor’s and Fitch Ratings, and Aa1 by Moody’s Investors Service.

Connecticut will sell $840 million of new and refunding special tax obligation bonds for transportation infrastructure through lead underwriter RBC Capital Markets. The deal is structured with $700 million of new bonds with serial maturities from 2016 through 2035 and $140 million of refunding bonds maturing from 2018 through 2027, according to the preliminary official statement.

Moody’s rated the bonds Aa3, and Fitch rated them AA.

Meanwhile, flows into U.S. municipal bond funds turned positive in the latest week after four straight weeks of outflows, according to Lipper.

Net inflows totaled $231 million in the week ended on Sept. 23, the most since the week ended on April 29.

REUTERS

Sep 25, 2015

(Reporting by Karen Pierog; Editing by Lisa Von Ahn)




Senate Finance Panel Hearing Set On Puerto Rico's Fiscal Health.

WASHINGTON – The Senate Finance Committee will hold a hearing on Sept. 29 to discuss the “dire financial situation” in Puerto Rico, committee chair Sen. Orrin Hatch, R-Utah, said Tuesday.

The situation “facing Puerto Rico’s economy and its citizens underscores the alarming consequences of crippling debt,” Hatch said. “With outstanding debt greater than its economic output, the territory faces default unless a responsible long-term fiscal path forward is found.”

The committee has not announced witnesses for the hearing, but Resident Commissioner Pedro Pierluisi, D-PR announced that he has been invited to testify. Gov. Alejandro Garcia Padilla, a Democrat, has also been invited to testify, according to Pierluisi, who said he expects the governor to send a representative.

Hatch said members of the Finance Committee will “have the opportunity to explore how the territory manages its finances and government-backed borrowing entities as well as the interplay between federal entitlement and tax programs and Puerto Rico.”

In addition to chairing the Finance Committee, Hatch also sits on the Senate Judiciary Committee, where a bill to extend Chapter 9 bankruptcy protection to Puerto Rico authorities and municipalities has not moved since it was introduced July 15.That bill was introduced by Sens. Richard Blumenthal, D-Conn., and Chuck Schumer, D-N.Y.

A companion bill introduced in February by Pierluisi, has similarly remained stagnant in the House Judiciary Committee.

Sen. Chuck Grassley, R-Iowa, and Rep. Bob Goodlatte, R-Va., who chair the two committees, have said they do not intend to advance the bills unless other avenues are considered.

While the Obama administration and others, are pushing for Congress to extend bankruptcy protections to the territory, groups such as 60 Plus Association, a seniors’ advocacy organization, want to see the creation of a federal financial control board.

Puerto Rico continues to struggle with $71 billion in public debt. Gov. Alejandro Garcia Padilla has repeatedly said the debt is not payable without restructuring. Officials on the island recently made numerous suggestions for remedying the situation in the form of an economic growth plan a government working group released Sept. 9. The plan incorporates stimulus measures, spending cuts, fiscal reforms and the creation of a local financial control board.

THE BOND BUYER

BY JACK CASEY

SEP 22, 2015 6:06pm ET




Puerto Rico Utility Fails to Extend Contract With Insurers.

Puerto Rico’s main electricity provider failed to extend a contract with its bond insurers that has given the power company time to negotiate a way to restructure its $8.3 billion of debt.

The Electric Power Authority’s failure to extend the forbearance agreement with the insurers marks a setback for the utility, which earlier this month struck a tentative deal with some of its bondholders to reduce its debt load. Insurers that guarantee $2.5 billion of the utility’s debt balked at extending the talks. The forbearance keeps negotiations outside of court.

The bond insurers “are trying to apply more pressure on Prepa,” Matt Fabian, a partner at Concord, Massachusetts-based Municipal Market Analytics, said in a telephone interview Saturday. “Now they have the ability to exercise remedies. They could look now to forming a bondholder committee to try and impose a receiver and raise rates.”

Bondholders agreed to extend the forbearance contract to Oct. 1, while fuel-line lenders pushed the expiration deadline to Sept. 25. The agreement was set to expire late Friday night. The power provider will continue negotiations with its bond insurers even without a forbearance agreement, Lisa Donahue, Prepa’s chief restructuring officer, said in a statement Saturday.

Making Progress

“We are making progress and will continue working towards a consensual resolution that benefits Prepa and all of its stakeholders,” Donahue said in the statement.

A Prepa restructuring would be the largest ever in the $3.5 trillion municipal-bond market, surpassing Detroit’s record bankruptcy in July 2013. Puerto Rico and its agencies owe $72 billion. Commonwealth officials plan to offer investors a debt-restructuring proposal in the next few weeks that’s separate from Prepa’s negotiations and would reduce the government’s obligations and delay payments to bondholders.
The utility, bondholders, banks and insurers have repeatedly extended the forbearance agreement, which was first signed in August 2014.

Assured Guaranty Ltd. and Syncora Guarantee Inc. declined to extend that accord beyond Friday. MBIA Inc. dropped out of the forbearance earlier this month. National Public Finance Guarantee Corp., an MBIA unit that insures Prepa debt, filed a petition Thursday to the island’s energy commission, asking it to temporarily add at least 4.2 cents per kilowatt hour to the agency’s base electricity rate so Prepa can repay its bonds, according to a copy of the request provided by the commission.

Exercise Authority

“While National is continuing its discussions with Prepa in good faith to accomplish a consensual restructuring of Prepa, National has petitioned the Puerto Rico Energy Commission to exercise its statutory authority to impose a modest and temporary rate increase and to impose deadlines for the completion of Prepa’s rate case,” Greg Diamond, a spokesman for MBIA, said in a statement.

The expiration with the insurers may imperil the tentative agreement that Prepa and some of its bondholders reached on Sept. 1 that would require investors to take losses of about 15 percent in a debt exchange.
Ashweeta Durani, a spokeswoman for Assured, and Michael Corbally, a spokesman at Syncora Guarantee Inc., didn’t immediately respond to e-mails. Dan Zacchei, a representative in New York at Sloane & Co. for the forbearing bondholders, declined to comment.

Bloomberg News

by Michelle Kaske

September 19, 2015 — 9:19 AM PDT Updated on September 19, 2015 — 10:48 AM PDT




Orrick Advises on First of a Kind Statewide Telecommunications Network in Kentucky.

​Orrick, Herrington & Sutcliffe LLP represented KentuckyWired Operations Company, LLC, indirectly owned by Macquarie Infrastructure Developments, LLC, First Solutions LLC and Ledcor US Ventures Inc., as bond counsel in the US$300 million financing of a high-speed, open access, middle-mile fiber optic network with excess capacity with the Commonwealth of Kentucky. The project, which is expected to be completed in 2018, will add over 3,200 miles of fiber optic cable statewide.

Kentucky currently ranks 46th in the U.S. in terms of broadband availability, and approximately 23% of the state’s population (mostly located in rural areas) has no broadband access at all. The statewide fiber optic network will make high-speed internet accessible throughout Kentucky’s 120 counties by 2018, including 1,098 government and public facilities such as academic institutions, public libraries and governmental agencies, with the excess capacity to be made available through wholesale access to local Internet service providers who can extend fiber to homes and businesses. The project is a first of its kind in the U.S. in that it involves an underground fiber optic cable for part of the system, and was financed using a unique tax exempt structure that was designed by Orrick’s Tax Group. In particular, the structure eased regulatory hurdles which enabled a statewide project to be completed in a short time frame.

“We are thrilled to handle such a unique and groundbreaking transaction,” said Dan Mathews, partner and co-Head of Orrick’s Energy & Infrastructure Group, who led the infrastructure team. “This project is expected to significantly improve Kentucky’s education, health access and economy through increased connectivity to high speed internet, and we hope it will set precedent for improvement of telecommunications networks in additional states.”

“This deal was successful due to the cross-practice support of our Tax, Energy & Infrastructure and Public Finance Groups,” said Chas Cardall, partner and Chair of Orrick’s Tax Group and a member of the Public Finance group, who led the tax aspects of the transaction. “We were able to leverage the expertise of our lawyers in each of these areas to create a unique tax exempt structure, which was a key aspect of the transaction.”

In addition to Dan and Chas, the team was comprised of Ken Schuhmacher, Susan Long, Benjamin Bass and Walter Alarkon of the Energy & Infrastructure Group, Sarah Rackoff, Marc Bauer and Jennifer Grew of the Public Finance Group and Greg Riddle, Wolfram Pohl, George Wolf and Ashley Rodriguez of the Tax Group.

About Orrick

Orrick is a leading global law firm focused on counseling companies in the Energy & Infrastructure, Finance and Tech sectors. The firm’s client work is divided equally between transactional advice and litigation. Law360 recognizes Orrick among the “Global 20” law firms and named the firm a “Technology Practice Group of the Year” in 2014. The firm’s platform includes offices across the US and in the UK, France, Switzerland, Germany, Italy, Belgium, Russia, China and Japan. The firm also has an affiliated office in Abidjan, Cote d’Ivoire. Financial Times consistently recognizes Orrick among the 10 most innovative North American firms, and BTI Consulting recently named Orrick to its Client Service All Star List.

Contact

For more information, please contact us by e-mail pr@orrick.com or by phone: Ashley Laputka at (415) 773-5725 in San Francisco or Adi Weisman at (212) 506-5122 in New York.

09-16-2015




Republican Governors Use Pensions to Oppose Iran Deal.

After Congress’s deadline to block President Barack Obama’s nuclear deal with Iran expired Thursday, Republicans are taking the fight to the states by vowing to preserve local sanctions.

Thirty states and the District of Columbia restrict investments by pensions and public entities in companies doing business in the country, according to the group United Against Nuclear Iran. Fifteen Republican U.S. governors, including four presidential candidates, last week sent a letter to Obama saying they would fight to keep their constraints if the administration lifts its nuclear-related sanctions.

A new nonprofit, Defund Iran, is also seeking state constitutional amendments next year that would mandate divestment. Florida alone has withdrawn more than $1.1 billion since 2007 from companies involved with Iran including Royal Dutch Shell Plc, Cnooc Ltd., and Daelim Industrial Co., according to Chief Financial Officer Jeff Atwater.

Republicans say Obama’s agreement won’t prevent nuclear proliferation, and will unleash Iran’s economy and its ability to support terrorism. Focusing on states gives the party another angle of attack.

“It enables them to take a stand against President Obama and, in the bargain, take a stand for the rights of the states,” said Jack Pitney, a political science professor at Claremont McKenna College near Los Angeles.

The lifting of federal sanctions would allow a few U.S. aerospace companies to seek business in Iran, such as Boeing Co. and General Electric Co., according to a report from Bloomberg Intelligence. Overseas firms including Shell and BP Plc also could seek business there, it said. States shouldn’t help, said Sarah Steelman, chairwoman of Defund Iran and a former Republican candidate for U.S. Senate in Missouri.

The governors, including presidential aspirants Bobby Jindal of Louisiana, New Jersey’s Chris Christie, John Kasich of Ohio and Wisconsin’s Scott Walker, point to a provision in the deal that says the federal government will “actively encourage” state and local officials to “take into account” U.S. policy lifting some sanctions.

“We intend to ensure that the various state-level sanctions that are now in effect remain in effect,” the governors said in their Sept. 8 letter.

BY TRIBUNE NEWS SERVICE | SEPTEMBER 18, 2015

By Mark Niquette

With assistance from Darrell Preston in Dallas.




Illinois Forces Towns to Either Eat Higher Costs or Avoid Market.

Illinois’s budget stalemate is leading investors to demand higher yields to lend to its towns and villages, causing bond sales to tumble while borrowers outside the state rush to capture the lowest interest rates in a generation.

The drop in issuance this year stands in contrast to the rest of the $3.6 trillion U.S. municipal market, where bond offerings are on pace to reach the highest level since at least 2002, according to data compiled by Bloomberg. Illinois is one of only five states where they’ve fallen: issuers have sold $8.4 billion of debt through Sept. 11, down from $9.9 billion a year earlier. It’s the biggest decline nationwide.

When municipalities do borrow, investors are requiring higher yields because of the association with the state, said Tim McGregor, head of municipals at Northern Trust Corp. in Chicago.

Illinois, with the lowest credit rating of any state, has been without a budget since the year began on July 1 because of a political standoff. That’s forcing Illinois to leave some bills unpaid and casting doubt over how it will close a $6.2 billion shortfall.

“You’re definitely getting a little extra yield as an investor, even in credits that may not have a direct link to the state,” said McGregor, who oversees $27 billion of state and local government securities.

The financial pressure on the local governments has been underscored by Chicago, whose credit rating was cut to junk by Moody’s Investors Service in May because of the soaring bills the city faces from its underfunded employee pension funds. It isn’t alone: Half of the state’s local retirement systems have less than 60 percent of the assets needed to cover all the benefits due as workers retire, according to a commission created by the legislature.

Bond buyers will have their choice of two large deals from the state this week. The Metropolitan Pier and Exposition Authority, which runs Chicago’s convention center, is selling $223 million of bonds Wednesday.

OSF Healthcare System, a hospital operator, plans to offer $368 million of tax-free debt through the Illinois Finance Authority on Thursday.

McGregor said Illinois hospitals are being penalized for the state’s crisis.

“Health-care bonds in Illinois are probably trading 25 to 50 basis points cheaper, just because of the situation in Illinois, than they would be otherwise,” said McGregor.

There’s no sign of a resolution to the budget impasse, which has lasted longer than any in the state’s history, according to the Civic Federation, a Chicago-based research group. Republican Governor Bruce Rauner and the Democrat-led legislature can’t agree on how to fix a deficit left after temporary tax increases expired.

Illinois’s bills are piling up without a budget, with the unpaid tab set to reach $8.5 billion by the end of the year from $5.5 billion in August, state comptroller Leslie Geissler Munger said last week. The state is paying about 90 percent of what it owes even during the standoff, she said.

The budget delay has already dealt a blow to the Metropolitan Pier and Exposition Authority, which was unable to make a deposit into its debt-payment fund in July because lawmakers hadn’t appropriated the money.

While lawmakers approved the funds last month, the lapse caused Standard & Poor’s to lower the authority’s rating seven steps from AAA to BBB+, three ranks above junk.

OSF, which operates 10 Illinois hospitals, hasn’t felt a direct impact yet, said Dan Baker, its executive director of Treasury services. Proceeds from its sale will be used in part to finance construction and renovation at medical centers in Bloomington, Peoria and Rockford, offering documents show.

“Most of the investors we talk to understand the situation,” said Baker. “There’s been a little delay in payment at times, though it’s not too far behind right now — although it may be without the budget being approved.”

Catherine Kelly, a spokeswoman for Rauner, declined to comment on the increasing borrowing costs for Illinois agencies and municipalities. She said on Sept. 2 that the state was “being cautious about bond sales” and plans to issue some debt this year, though it hasn’t announced any details. Illinois 10-year general obligations yield 1.94 percentage points more than benchmark munis, near the most since late 2013, Bloomberg data show.

Investors penalized local borrowers even before the new fiscal year began as Illinois lawmakers dueled over the budget deficit. A school district in Rockford, 88 miles (142 kilometers) west of Chicago, issued $40 million of debt in February, with 20-year bonds priced to yield 4.17 percent, Bloomberg data show. That compared with a 3.21 percent rate on an index of similarly rated AA bonds.

Lake County, which borders Chicago’s home county to the north, sold $90 million of top-rated general obligations in June. The portion due in about 30 years priced to yield 4.05 percent, compared with 3.43 percent for an index of top-rated municipals.

“Some of their headlines have caused Illinois spreads outside of the state and Chicago to widen out, and there are a lot of very strong municipalities within the state of Illinois,” said Rick Taormina, head of municipal strategies at J.P. Morgan Asset Management, which oversees $56 billion in state and local debt.

“We’re looking to take advantage of that widening if it occurs.”

Bloomberg News

by Brian Chappatta

September 14, 2015 — 9:01 PM PDT Updated on September 15, 2015 — 5:55 AM PDT




Chicago's Met Pier Pays the Price of Illinois Fiscal Stalemate.

Chicago’s Metropolitan Pier and Exposition Authority, which runs the nation’s largest convention center, is discovering the price of Illinois’s political paralysis.

The authority sold about $220 million of federally tax-exempt securities Wednesday for yields of as much as 6 percent, according to preliminary data compiled by Bloomberg. Thirty-year bonds are being offered at 4.87 percent, about 1.6 percentage points more than top-rated securities.

It’s the agency’s first offering since skipping a July payment into its debt-service fund because lawmakers and Governor Bruce Rauner didn’t appropriate the money amid a deadlock over the budget. As a result, Standard & Poor’s slashed the authority’s rating by seven steps from AAA to BBB+, three grades above junk.

The lapse highlighted the risk to investors from bonds with debt bills that depend upon the approval of lawmakers. While Rauner signed a bill last month to free up tax money for Met Pier, the agency’s bonds haven’t rebounded from the rout that followed the missed deposit.

“The downgrade, which resulted from the budget impasse, hurt them in terms of interest costs,” said Alan Schankel, a managing director at Janney Montgomery Scott LLC in Philadelphia. “Investors realize probably it’s a lot better than a BBB credit, but because of what’s happened and because of the appropriation nature, it’s a BBB and not much you can do.”

Met Pier is among borrowers most affected by the impasse between the Republican governor and the Democrat-led legislature that’s left Illinois without a budget for more than two months. The failure had led investors to push the difference between Illinois bond yields and top-rated debt near a record high.

Met Pier bonds maturing in 2050, its most actively exchanged securities, traded for an average of 100 cents on the dollar Wednesday, down from $1.02 on Aug. 4, the day before the rating cut. That’s pushed the yield up about half a percentage point to 5 percent.

The securities offering is the authority’s first since 2012, according to data compiled by Bloomberg, and illustrated how it’s being penalized by investors. In 2012, its 30-year bonds were sold for yields as low as of 4.15 percent, about a percentage point more than top-rated debt at the time. That gap swelled to 1.6 percentage point Wednesday.

The proceeds will help pay for the construction of a 40-story hotel and refinance debt, bond documents show. The securities included zero-coupon bonds, which were offered at a top yield of 6 percent for those maturing in 2052.

“This transaction will lock up the financing” for the authority’s projects, said Richard Oldshue, Met Pier’s chief financial officer. He declined to comment on what kind of reception he’s expecting for the deal.

Fitch Ratings gave the bonds a BBB+ rating, three steps above junk, with a negative outlook. The company said Met Pier’s ability to make “full and timely” debt service depends on the Illinois General Assembly to appropriate the revenue, which ties the authority’s credit to Illinois, the worst-rated state in the nation.

Met Pier never missed any interest or principal payments to investors and the agency now has the authority to tap tax money to cover its debts. The bonds are backed by authority taxes and state sales taxes. The authority taxes, which includes levies on hotels, reached $140.2 million in 2015, up 42 percent from 2010, bond documents show.

“This is still a solid credit backed by the economic activity in the city of Chicago in terms of sales taxes and hotel taxes — and all our indications are that business is booming in Chicago,” said Paul Mansour, head of municipal research in Hartford, Connecticut, at Conning, which oversees $11 billion in state and local-government securities, including those sold by Met Pier. “It creates a buying opportunity for people willing to take the longer view.”

Bloomberg News

by Elizabeth Campbell

September 16, 2015 — 12:00 AM PDT Updated on September 16, 2015 — 1:55 PM PDT




Pennsylvania Bond Penalty Grows as State Budget Impasse Deepens.

Pennsylvania is facing rising penalties from investors as Democratic Governor Tom Wolf plans to veto a temporary budget being advanced by Republican legislators, promising to prolong a political impasse that’s left the state without a spending plan for more than two months.

The state’s 10-year bonds yield about 2.87 percent, about 0.59 percentage point more than benchmark municipal debt, according to data compiled by Bloomberg. That’s approaching the 0.61 percentage point reached in July, which was the highest since the data begin in 2013.

“Each week and each month where they don’t have a budget, that concern will increase,” said Alan Schankel, a managing director at Janney Montgomery Scott LLC in Philadelphia. “They’re playing a game of chicken.”

Pennsylvania has been operating without a spending plan for the year that began in July because the Republican-led legislature and first-term governor have remained at loggerheads over proposed tax increases and overhauls to the public employee pension system.

The uncertainty led Moody’s Investors Service last week to downgrade schools that issue debt through a state program that diverts aid to investors when needed.

The Pennsylvania Senate on Thursday is set to vote on a short-term budget that would provide state and federal funds to alleviate pressures on school districts and social service agencies.

Wolf told reporters Wednesday that he would veto the temporary spending plan because he wants them to consider his proposals for the full budget and concessions on the retirement system. He said the failure to compromise and balance the budget could imperil Pennsylvania’s credit rating.

“We’re going to continue to have the credit downgrades we’ve had because we’re not doing anything else differently than we’ve done,” Wolf said. “It’s status quo.”

The state’s $53 billion unfunded pension liability has weighed on its bonds. The Keystone State is paying more to borrow than any other state except Illinois and New Jersey, according to data on 20 major states compiled by Bloomberg.

Standard & Poor’s and Fitch Ratings cut Pennsylvania’s rating last year to AA-, the fourth-highest level, citing the pension burden. Moody’s grades Pennsylvania Aa3, also the fourth-highest rank.

Bloomberg News

by Romy Varghese

September 17, 2015 — 9:59 AM PDT






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