Presentation Federal Highway Administration

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							USDOT “Talking Freight” Webinar—Institutional Arrangements




Establishing a National Freight Infrastructure Bank:
         Policy Issues & Program Design




                                             David Seltzer

                                     September 16, 2009




              1629 Locust Street, Suite 100, Philadelphia, PA 19103 (Tel: 215-546-6801, Fax: 215-546-6803)
                         Background


• Outgrowth of I-95 Corridor Coalition study (December, 2008)

   – Evaluate the potential benefits of creating a new special purpose
     entity (SPE) to help advance major freight projects.


• Recent proposals to create a national-level SPE to help finance
  infrastructure, including:

   – National Infrastructure Bank Act of 2007 (S. 1926, “Dodd-Hagel”)
   – National Infrastructure Development Act of 2009 (H.R. 2521
     “DeLauro”)
   – Build America Bonds Act of 2009 (S. 2021, “Wyden-Thune”)
   – President Obama’s FY2010 Budget (National Infrastructure Bank)


                                                                     2
     How to categorize freight projects?


• HUBS: Terminals where goods are transferred--
  Intermodal or Intramodal.

• CORRIDORS: Longer Surface routes linking
  Hubs.

• CONNECTORS: “Last Mile” surface links
  between Corridors and Hubs, generally in
  metropolitan areas.



                                                  3
Why has public funding for Freight been limited?


• Much of Freight Infrastructure is privately-owned.

• Intermodal Uses straddle existing Federal programs.

• Projects often span political jurisdictions, complicating
  institutional structure.

• Public “spillover” nature of benefits hard to measure—or
  monetize.

 As a result, the Constituency for Freight Projects is
  Narrower than for Public Works.

                                                              4
      What problems are we trying to fix?


• Unavailable or expensive financing for projects?
   – Overcome “Market failure” b y providing loans and other
     financing subsidies.

• Insufficient funding for projects?
   – Provide a deeper subsidy to reduce revenue requirements
     for major projects with public benefits.

• What is the appropriate timeframe for federal
  assistance?
   – Near-term stimulus.
   – Longer-term shift in federal funding role.


                                                               5
Why create a new Federal program for freight--

 – Assist projects whose scale and complexity exceed
   state/local capacity.

 – Overcome gaps in federal-aid eligibility.

 – Provide “One-stop Shopping” for project sponsors.

 – Target projects with major economic benefits regionally
   & nationwide.

 – Enhance project selection at the federal level (focus on
   outcomes, not modes).


                                                          6
-- and why create a new Special Purpose Entity (SPE)?


 • Autonomy & Expertise may lead to improved Project
   Selection.

 • Align the singular mission of SPE with a dedicated
   revenue stream to accelerate investment.

 • Offer “One-Stop Shopping” with multiple tools to project
   sponsors.

 • Take pressure off of states’ formula-funded programs by
   only handling largest projects.


                                                              7
Why not instead authorize states to create
            regional entities?

– Projects of truly national significance should have national
  funding responsibility.

– National scope brings economies of scale and avoids dilution of
  effort at regional level (SIBs).

– Allows access to direct federal credit support:
    • Lower-cost source of financing.
    • Greater budgetary efficiency through fractional “scoring.”

-- Federal Tax Subsidies




                                                                    8
How big a program and how should it be funded?
•   AASHTO Freight Authorization Policy Statement :

     – $42 billion additional funding for Goods Movement Infrastructure over 6
       years (in addition to existing freight-related funding):
        • $21 billion in Formula Funding to States
        • $21 billion in Discretionary Allocations (new $3.5 billion/yr.
          Program)

     Funded by:
     – Increases in existing freight-related sources such as:
         • Diesel Fuel Tax
         • Heavy Vehicle Use Tax

     – New sources of dedicated freight-related fees such as:
        • Customs Duties
        • Container Tax
        • Surface Freight Waybill
        • Other?
                                                                            9
     – General Fund?
What organizational form should the SPE take?
                Special Purpose Entity’s Relationship
                     to the Federal Government

             Governmental                                             Private
            Owned and controlled by                         Owned and controlled by
               the public sector                               the private sector



                                                       Government                Private
       Government            Government
                                                       Sponsored                Non-Profit
       Dept./Agency          Corporation
                                                        Enterprise             Corporation


                               n Governing Board
                                                        n Shareholder-owned    n Membership
         n Funded by U.S.      n Fully or partially
                                                        n For-profit             organization
          govt.                 funded by U.S. govt.
                                                        n Implied federal      n Not for profit
         n On-budget           n May be on- or
                                                          backing
                                  off-budget.




                                  Rural
                                Telephone                                     Transportation
            Dept. of                                    Fannie Mae
                                   Bank,                                      Finance Corp.
         Transportation                                 Freddie Mac
                                 FDIC
                                    .                                           (proposed)



            More Federal                                              Less Federal
                                                                                                  10
  Why does the SPE’s organizational status
     matter to Federal policymakers?


• Budgetary Scoring Treatment of NFIB’s Borrowing and
  Spending

• Treasury Concerns about:

   – Cost-Effectiveness of Capital Raising Process

   – Implied Federal Liability if SPE Issues Public Debt

   – Competition with U.S. Treasury borrowing/Administrative
     burden




                                                               11
What types of assistance should be offered?
                     Role of National Freight Infrastructure Bank
                                        Increments to                       Increments to             New Dedicated
          Existing Fuel                Existing Freight                    Existing Freight           Freight-Related
         & Vehicle Fees                 Related Fees                        Related Fees                   Fees




          Highway Trust Fund (HTF)                                                Freight Infrastructure
  Transit         Highway           Freight Account                                Trust Fund (FITF)
  Account         Account          State Freight Program                               Projects of National
                                                                                    and Regional Significance




   FTA             FHWA                                    NATIONAL FREIGHT INFRASTRUCTURE BANK

                          Formula Grants           DISCRETIONARY                                    TAX CREDIT BONDS
                                                                      FEDERAL CREDIT
   Transit                                            GRANTS                (TIFIA & RRIF)            & PAB VOLUME
  Agencies
                 States



                                                                                                       Transportation
                                              Public or Private Projects
                                                                                                          Finance
                                                (including freight rail)
                                                                                                        Corporation
                                                                                                         Tax Credit Bond
                                                                                                         National Issuer

                                                                                                        Federally Chartered
                                     State/Local                      User                               Private Non-Profit
                                        Fees                         Charges                              (Wyden-Thune)


                                                                                                                              12
        Potential Portfolio of Assistance

•   The National Freight Infrastructure Bank (NFIB)
    – Receives $3.5 billion/year [$21 billion total] of revenues:
        • ~$3.0 billion for Grants
        • ~$0.5 billion for Credit  ~$5 billion of loans .

•   NFIB selects projects > $[250] million for:
     – New Discretionary Grant program for projects with public
       benefits.
     – Expanded Federal Credit Program
     – Allocates Volume Cap under new $[25] billion Tax Credit Bond
       program and expanded $[30] billion Private Activity Bond
       program.


    ---------------------------------------------------
•   Authorize States to establish the Transportation Finance Corporation
     – Federally-chartered private non-profit corporation created to serve
       as nationwide non-federal issuing conduit for Tax Credit Bonds.
                                                                             13
      Other Policy Design Issues TBD


• Multi-purpose Bank to assist Freight, Intercity Passenger Rail
  and other major Surface Transportation Projects?

• Consolidate existing Federal credit programs (TIFIA and RRIF)?

• Part of Reauthorization or part of new Stimulus?

• Receive General Fund contributions?




                                                                   14

						
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