So, you want to complete that project you have always

Download Report

Transcript So, you want to complete that project you have always

Strategies for Financing Projects
David Flesher (USDA-Rural Development)
Tim Wendland (Idaho DEQ)
Dennis Porter (Idaho Commerce)
Rick Skinner (Skinner Fawcett LLP)
March 20, 2013
Goals
1. Provide helpful general information
2. Inform you of available resources
Skinner Fawcett LLP
City of Bliss
Before
After
Skinner Fawcett LLP
Discussing the General Concept
•
•
•
•
Establish a Citizen’s Group
Sewer: Treatment / Collection / Permits
Current average user rates?
Separate Enterprise Funds?
Skinner Fawcett LLP
Discussing the General Concept
• MCL or Permit Violation?
• Is project a “need” or a “want”
• Include Area Planning Assoc.
or Grant Writer
• Include Potential Funding Agencies
Skinner Fawcett LLP
Selecting a Project Engineer
• RFQ / RFP process
• IDOC process (CDBG handbook)
– Prepare Request for Proposals
– Advertise RFP
– Rank proposals
– Negotiate and Execute Contract
Skinner Fawcett LLP
Get Legal, Administrative and
Funding Entities Involved Early
in the Process
• USDA RD, IDEQ, IDOC, USACE
• Bond and/or general counsel
• Grant administrators
Skinner Fawcett LLP
Funding the Wastewater Facility
Study / PER and ER / EID
• Sufficient funds for grant match?
• If not, can rates be raised?
• IDEQ – Planning Grants
– $250k/year water
– $250k/year sewer
– Maximum 50%
Skinner Fawcett LLP
Funding the Wastewater Facility
Study / PER and ER / EID
• USDA-RD – Predevelopment Planning
Grants & Search Grants
– PPG $25K/year
– % varies
– SEARCH $35-50K/year
– up to 100% for very low income systems)
Skinner Fawcett LLP
Funding the Wastewater Facility
Study / PER and ER / EID
• Construction not a follow-on requirement
• Make sure to include ER / EID costs
– An EID is required if RD grant funds are
involved
Skinner Fawcett LLP
Environmental Report
• Open Bond Market / Idaho Bond Bank
– Must comply with ESA, CWA, Wetlands
• USDA-RD, IDEQ, IDOC
– Must meet NEPA and Agency Specific
requirements
– Lead Agency assigned on jointly funded projects
• primary contact for completing the
environmental report
Skinner Fawcett LLP
Establish a Basic
Funding Package
• Project team needs to include
• Elected officials, citizens, Project Engineer, and
representatives from each potential funding agency
• Can apply for assistance prior to bond election
• Elections only held in November and May
• Early discussions with funding agencies is vital
Skinner Fawcett LLP
Legal Alternatives
•
•
•
•
City wastewater revenue bond election
Local improvement districts
Water and sewer districts
Judicial confirmation of city or county
wastewater obligations
• Refinancing of obligations
• Idaho Bond Bank assistance
Planning and Educating for the
Bond Election
• Select experienced Bond Counsel
• Honest and straightforward with public
• The governing board in agreement
before moving forward
• Prepare accurate information for
handouts, power-points, etc.
Skinner Fawcett LLP
Planning and Educating for the
Bond Election
• Ready for questions regarding user rates.
• Local officials ready to answer questions
• Rely on the Project Engineer or Funding
Agency Representatives for technical or
funding questions
• RD Area Office Staff is available to attend
meetings
Skinner Fawcett LLP
Passing a Bond Election
• Local officials in control
• In public meetings – engineers don’t do
most of the talking
• Don’t assume the recommended option will
be how community wants to proceed
– Local officials need to decide which option to
pursue
• Use photos
• It is always the community’s project
Skinner Fawcett LLP
Passing a Bond Election
Before
After
Skinner Fawcett LLP
Judicial Confirmation
• Request a Judge issue ruling that
improvements are ordinary and necessary
• Recognized by IDEQ, IDOC, Idaho Bond
Bank, & Open Market
• Rural Development doesn’t recognize:
• Projects require broad based community support
• Communities that pass a bond election have
priority
Skinner Fawcett LLP
Advantages of Joint Funding
• Funding Agencies meet quarterly to
review applications and inquiries in-hand
– We are committed to actively maximizing the amount
of funding available to the state
• Goal is cooperation, not competition
• Multiple Funding Agencies can be
beneficial
Skinner Fawcett LLP
Applying for Funding
• IDEQ-SRF – Requests due January
– Draft funding list published in March
– Final funding list published in April/May
– Funding July 1 through June 30
• IDOC-CDBG – Uses a grant admin
–
–
–
–
Application in November
Addendum in March
Decision by May
Funding by June
Skinner Fawcett LLP
Applying for Funding
• USDA-RD – Apply anytime
– Area Office staff will assist with application
– Funding occurs December - August
Skinner Fawcett LLP
Effective Construction Management
Milestone Meetings
• Before or at funding approval
• At or after bid opening
• Pre-Construction Conference
• During Construction (monthly)
• Substantial Completion
• Final Completion
• Warranty Inspection
Skinner Fawcett LLP
Groundbreaking
• Invite local media
• Inform community that project is under way
• Elected officials visit community
USDA Rural Development
Loan and Grant Program
• Provides funds to rural areas (<10,000 pop)
• Construct, enlarge, extend, and/or improve
water or sewer systems, including solid
waste
• Unable to get credit elsewhere (reasonable
rates/ terms)
Skinner Fawcett LLP
USDA Rural Development
Loan and Grant Program
• Legal authority to incur debt, own, operate,
and maintain facility
• Public Bodies must pass bond election for the
amount of the debt
• Indian Tribes, Associations must have
board approval, majority of member approval
and repayment ability
Skinner Fawcett LLP
USDA Rural Development
• Rates – Fixed; depend on service area MHI
and existing violations
• Terms
– Revenue bond - 40 yrs w/ RD grant
– GO Bond or LID - 30 years max
• Security
– Cities & Districts – Revenue, LID, or GO Bond
– Non-Profit’s - mortgage/deed of trust &
promissory note
Skinner Fawcett LLP
USDA Rural Development
• MHI - 5-year
– Less than $49,561 = 45% - 75%
– Greater than $49,561 = 0
• Similar system costs + $40+/user/month
• Availability of funds = 3:1 loan to grant
• No “grant only” for regular program –
must be with an RD loan
Skinner Fawcett LLP
USDA RD Contacts in Idaho
North Idaho, Coeur d’Alene (208)762-4939
Serving: Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis,
Nez Perce and Shoshone counties
[email protected]
[email protected]
[email protected]
Western Idaho, Caldwell (208)459-0761
Serving: Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette,
Valley and Washington counties [email protected]
[email protected]
Central Idaho, Twin Falls (208)733-5380
Serving: Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and
Twin Falls counties [email protected]
[email protected]
Eastern Idaho, Blackfoot (208)785-5840
Serving: Bannock, Bear Lake, Bingham, Bonneville, Butte, Caribou, Clark,
Custer, Franklin, Fremont, Jefferson, Lemhi, Madison, Oneida, Power & Teton
Counties
[email protected]
[email protected]
Skinner Fawcett LLP
DEQ Funding Opportunities
• Planning Grants
• Construction Loans
– State Revolving Fund (SRF) Loans
Skinner Fawcett LLP
29
DEQ State Office Contact Information
Planning Grants
CWSFR Loans
Charlie Parkins
MaryAnna Peavey
208-373-0122
Maryanna.peavey
@deq.idaho.gov
208-373-0577
Charlie.parkins@
deq.idaho.gov
DWSFR Loans
Tim Wendland
208-373-0439
[email protected]
Skinner Fawcett LLP
September 2012
Idaho Commerce
State Community Development Block Grant
(CDBG) Program
– Federal funds (HUD)
– Idaho’s 2013 allocation = $7.0M
Contacts, (208) 334-2650
– Regions 1 & 2: Tony Tenne, ext. 2111
– Regions 3 & 4: Sharon Deal, ext. 2137
– Regions 5 & 6: Amanda Ames, ext. 2136
CDBG
CDBG Eligible Applicants
– Cities and Counties
– Sub-grants okay to special districts/non-profits
Must Meet National Objectives
– Benefits an area/family that’s 51% low to
moderate income
– Prevents/eliminates slum and blight
– Eliminates imminent threat/emergency
Skinner Fawcett LLP
CDBG Eligible Activities
Construction or rehabilitation of public…
•
•
•
•
Sewer or water systems
Solid waste facilities
Fire or EMT stations
Hospitals or health
facilities
• Infrastructure for jobs
• Infrastructure for
affordable housing
• Youth/child care
centers
• Downtown
improvements
• Senior/community
centers
Skinner Fawcett LLP
CDBG
• Funding partners
– City, County, sub-recipient, DEQ, USDA
RD, ITD, EDA, USACE, urban renewal
districts, bond bank
• Application process
– Not enough to grants to cover demand
• Competitive factors
– Match, need, community impact, readiness
Skinner Fawcett LLP
Questions?
Skinner Fawcett LLP
Dennis Porter, Manager
David A. Flesher
Community Development
Director, Community Programs
Idaho Dept of Commerce (Boise)
208-334-2650 Ext. 2145
[email protected]
USDA Rural Development (Boise)
Boise, Idaho 83709
208-378-5617
[email protected]
Tim Wendland
Loan Program Manager
Idaho DEQ (Boise) (208) 373-0439
[email protected]
Rick Skinner
Bond Counsel
Skinner Fawcett LLP (Boise)
208-345-2663
[email protected]
Skinner Fawcett LLP