Upcoming Private Activity Bond Authority Board Meetings
The next Private Activity Bond Authority Board Meeting for funding consideration will be held on Wednesday, October 11, 2017, at 9:00 a.m., at the Governor’s Office of Economic Development, World Trade Center at City Creek, 60 East South Temple, 3rd Floor, Canyonlands Conference Room, Salt Lake City, Utah (Map). A copy of the agenda will be posted approximately one week prior to the meeting.
Applications for PAB funding consideration are being accepted for review for the October 11, 2017, Board Meeting and must be submitted by 5:00 p.m., on Monday, August 28, 2017.
Extension Request Status Report
The Private Activity Bond Review Board adopted a new Extension Request Status Report policy, requiring all applicants requesting two or more extensions to complete this report for each request.
Applicants who are not able to close their bonds during the initial 90-day period may request an extension from the Board. Each extension request is valid for a period of 90 days or until the next PAB Board Meeting. Extension approval is based on the project’s advancement. Applicants are required to attend Board Meetings to answer any questions and update the Board on the progress of the development.
For two or more extension requests a comprehensive review of the project will be done prior to the Board Meeting. Applicants will be required to complete the Extension Request Status Report prior to the Board Meeting. Applicants are required to attend the Board Meeting to respond to the Status Report, provide information on any recent developments and answer any questions the Board may have. The applicant may be asked to reapply after the third extension review if there is no substantial evidence of being able to close the bonds. The Board reserves the right to approve or reject any extension based on the criteria set forth in Utah Code Section 63N-5-105.
(Presented and Adopted at the Private Activity Bond Authority Board Meeting on July 12, 2017.)
Relinquishment of Volume Cap Policy
Due to the length of time it is taking projects to close, the PAB Review Board established the following criteria that would require a developer to: 1) relinquish their current volume cap allocation; and 2) reapply with the submission of a new application with updated information. The PAB Review Board will consider these criteria for projects having several extension requests.
The criteria are:
- Reduction of the total project’s affordable units is 10% or more.
- Reduction of the total project’s units is 15% or more.
- Change in project to a new site location.
- Increased total costs/unit is 15% or more.
- Increased total project costs are 20% or more.
(Presented and Adopted at the Private Activity Bond Authority Board Meeting on July 12, 2017.)
Extension Request Progress Reports
The Private Activity Bond Review Board in the June 2017 Board Meeting made changes to the Developer’s Project Activity Progress Report for multi-family housing when requesting an extension and created the same report for developers seeking extensions for manufacturing/exempt facility projects. The new reports are listed here and on the PAB Applications and Fees web page. PAB Multi-Family Extension Request Status Report PAB Manufacturing Extension Request Status Report
Scoring Criteria Changes
The Private Activity Bond Review Board in the April 2017 Board Meeting made one change to the Scoring Criteria for both multi-family housing and manufacturing/exempt facility projects. The change is in the first paragraph and reads as follows: “The Private Activity Bond (PAB) Staff and approved consultants will evaluate and score all PAB applications submitted. In the event that demand for funding exceeds the supply of PAB volume cap, the applications will be numerically ranked for the purposes of allocation.”
(This change has been made below in the “Scoring Criteria” links below.)
Application Scoring Criteria
The Private Activity Bond Review Board adopted changes to the following policies at the October 12, 2016, Private Activity Bond Authority Board Meeting:
- 2017 PAB Multi-Family Application Scoring Criteria
- 2017 PAB Multi-Family Application Scoring Criteria Matrix
- 2017 PAB Manufacturing Application Scoring Criteria
- 2017 Manufacturing/Exempt Facility Application Scoring Criteria Matrix
(Note: The scoring matrix is for your information only. Staff will use the matrix to score the applications. Applicants are not required to complete this as part of their application.)
The above policies go into effect January 1, 2017. Please contact Roxanne Graham for additional information or questions on these policies.
The Utah State Attorney General’s Office requested the PAB Board adopt its’ own Government Records Access and Management Act (GRAMA) Policy, which was done in the Private Activity Bond Authority Board Meeting on July 10, 2013. Applicants submitting proposals for funding consideration, please note a portion of this policy as outlined below.
All proposals, applications and other exhibits, submitted to the PAB Review Board for funding consideration, become the property of the Private Activity Bond Authority Program (PAB). These materials are generally subject to the Utah Government Records Access Management Act (“GRAMA”) (Utah Code Ann. §§63G-2-l 01 et seq) and are considered public records after the evaluation process has been completed and a final decision made.
The Act, however, does protect trade secrets, commercial information and non-individual financial information which, if disclosed, would give an unfair advantage to the recipient of that information, as opposed to the person who submitted the application.
GRAMA provides that if a person submits trade secrets, commercial information or non-individual financial information to a government entity, they may request that information to be classified as a protected record. A protected record request for any portion of a proposal, application or other exhibits requires the completion of a “Request for Protected Record Status” form. One section of this form requires a written statement supporting the claim for confidentiality. To help facilitate this requirement, applicants may complete a “Claim of Business Confidentiality Request” form.
The completed and signed form(s) must be submitted with the proposal. The person submitting the application must clearly identify the specific information for which the protected classification is requested. Failure to provide this, risks having the entire submission be considered a public record. An entire submission may not be protected under a claim of business confidentiality.
A printable “PAB General Information” sheet is available here. PAB General Program Information
Information on the individual programs and applications can be found by clicking on the appropriate link listed below.
- Multi-Family Housing
- Single Family Housing
- Student Loans
- Exempt Facilities
- Qualified Redevelopment Projects
The Private Activity Bond (PAB) is Utah’s tax-exempt bonding authority creating a lower cost, long-term source of capital under the Federal Tax Act of 1986. The Federal Government allocates over $37 billion per year to states on a per capita basis, with Utah receiving $302,875,000 in 2016. Each state establishes its usage priorities by statute. The Utah State Legislature has distributed our volume cap into the various allotment accounts listed below:
Small Issue Account
Volume Cap Amount: $72,690,000
Percent of Total Volume Cap: 24%
Users: Manufacturing Facilities (credit worthy companies starting or expanding their business by building/buying new structure facilities, equipment, and/or land), Multi-Family Affordable Housing (apartments) and Qualified Redevelopment Projects.
The Small Issue Account allocates volume cap to meet two critical state needs: build essential multi-family housing and create high paying jobs that will support a family.
Through the use of Multi-Family Housing Bonds and Manufacturing Facility Bonds, i.e., Industrial Development Bonds (IDBs) or Industrial Revenue Bonds (IRBs), long-term capital is made available at 100 to 300 basis points (1 to 3 percentage points) less than market rates for periods of 20 to 40 years.
Single Family Account
Volume Cap Amount: $127,207,500
Percent of Total Volume Cap: 42%
Users: Utah Housing Corporation for first-time single family homeowners.
Student Loan Account
Volume Cap Amount: $99,948,750
Percent of Total Volume Cap: 33%
Users: Utah State Board of Regents for university and college students.
The Single Family Mortgage and Student Loan Programs lower thousands of Utahns’ long-term costs annually for their first home mortgage or college student loan.
Exempt Facility Account
Volume Cap Amount: $3,028,750
Percent of Total Volume Cap: 1%
Users: Water Facilities, Sewage, Pollution and Solid Waste Control Projects
What are Tax-Exempt Bonds?
A bond is a certificate representing a promise to pay a specified sum of money (face value or principal amount) at a specified date in the future (maturity dates), together with periodic interest at a specified rate.
The Tax Reform Act of 1986 distinguishes between two types of municipal bonds; Governmental Bonds and Private Activity Bonds (PABs).
Governmental Bonds are used for public purposes (e.g., highways, schools, sewers, government equipment and buildings, jails, parks, bridges, etc.) and benefit the general public. The interest on Governmental or Municipal Bonds is exempt from federal income taxes and in many cases, state and possibly local income taxation if the bonds are issued by the State, its Agencies and/or Political Subdivisions. Because of this feature, the interest rates on municipal bonds are lower than interest rates on other types of bonds. Municipal bonds are backed by the full faith and credit (taxing and borrowing power) of the municipality issuing the bonds.
Private Activity Bonds are issued for the benefit of private individuals or entities and are issued on a tax-exempt basis if they are “qualified,” meaning they fit under any of the seven categories outlined by the Internal Revenue Code. (Utah uses four of the categories.) The owner (buyer) of a tax-exempt bond does not pay federal income tax on the interest received on such bonds; consequently, tax-exempt bonds bear lower interest rates than bank loans or taxable bonds. This lower borrowing cost is passed on directly to the borrowing entity.
Why Should Manufacturers Use Tax-Exempt Bonds?
- State and Federal laws allow manufacturing companies to use a city or county’s name and tax-exempt financing status to issue tax-exempt bonds.
- If all tax requirements are met, bond issues are exempt from federal income taxes and possibly state and local taxes.
- Interest rates of tax-exempt bonds are usually lower than taxable bonds.
- There is no guarantee, debt, liability, obligation or pledge of faith by the city or county issuing the bonds.
- Governmental entities are willing to do this because PABs meet a public purpose or create a public benefit, i.e. creation of jobs from a new manufacturing facility.
- Tax-exempt bonds provide an alternative, low-cost, source of funds to finance capital expenditures.
Why Should Developers Use Tax-Exempt Bonds?
- Lower interest rates than conventional loans of comparable maturity.
- Higher loan amounts (greater leverage) due to lower interest rates.
- Access to greater variety of financing tools.
– Variable rate demand bonds to provide greater cash flow.
– Derivative products to customize financing to desired risk tolerance.
- – Provides 25% to 30% more capital as a source of funds.
- Access to equity from 4% Low-Income Housing Tax Credits (“LIHTCs”).
– Provides 25% to 30% more capital as a source of funds
- Easier and quicker path to obtain necessary authorization to proceed.
Volume cap is allocated by the Private Activity Bond Review Board in 90-day certificates at the regularly scheduled meetings. Applications are submitted at least five weeks prior to the Board Meetings. For a copy of the current Board Meeting Agenda, click on the link at the top of this page.
Volume cap allocations require qualified bond counsel to complete the issuance transaction.