Article | May 26, 2021
Taxpayers, citizens, and industry leaders may not be totally familiar with Public Facility Corporations (PFCs), but that should change, especially now since public funding for critical projects is at an all-time low. PFCs are becoming somewhat common in many regions of the country.
If the legal entity (PFC) is not familiar, here’s a bit of background. A PFC is a nonprofit corporation created by a sponsoring governmental entity — a city, county, school district, housing authority, or special district. PFCs have broad powers over public facilities, including financing, acquisition, construction, rehabilitation, renovation and repair. A PFC, once created, has the authority to issue bonds on behalf of its sponsoring public entity and once the bonds are funded, the money can be used in numerous ways. This type of legal entity has gained attention because public officials with critical projects are being forced to seek alternative funding sources.
In Texas, public facility corporations are allowed the broadest possible powers to finance or provide for the acquisition, construction and rehabilitation of public facilities at the lowest possible borrowing cost. A sponsor — such as a municipality, county, school district or housing authority — may create one or more of nonprofit public facility corporations. Then, the PFC can issue bonds for the construction of public facilities or finance public facilities or even loan the proceeds of the revenue to other entities for specific purposes.
A report that was released by The University of Texas School of Law found that a house bill approved during the 2015 legislative session “expands the authority of public facility corporations and allows the corporation to exercise any power that a nonprofit corporation might exercise and/or grant a leasehold or other possessory interest in a public facility owned by the PFC.” Here’s a bit more background of what is happening in Texas and there are numerous similar examples throughout the country.
The El Paso Independent School District (EPISD) several years ago created the EPISD Public Facility Corporation to fund construction of central offices through non-voter approved bonds. The corporation issued more than $29 million in bonds. The plan called for the EPISD to repay the bonds with general fund dollars from the district's general fund.
The 2019 Texas Legislative Session ended with a $4 million rider added to the state appropriations budget. The money was provided to the city of Port Aransas to build a $36 million apartment complex for affordable housing. Plans call for the 200-unit complex to be operated by the Port Aransas Public Facility Corporation. The corporation will work in partnership with a private company to develop and manage the property. An investment of approximately $14 million came from the private sector partner, and the Texas Department of Housing and Community Affairs provided an additional $18 million in funding. Site work on the project began in July 2020.
Many school districts have created public facility corporations for construction projects for schools, and many municipalities have also used PFCs. The revenue from these types of bonds is sometimes called lease-revenue bonds. They do not require voter approval. Public facility corporations do not have the authority to raise tax rates, but it is possible for a school board to approve a property tax increase to make payments on the bonds sold by a PFC.
The city of Tioga, located in the Sherman/Dennison region of Texas, constructed a new high school with funding from a public facility corporation. A collaborative initiative was launched with a lease-purchase agreement which allowed the PFC to hold title to the land and facility until the investment was repaid. At that time, the agreement calls for everything to transfer back to the district. Because the current campus was reaching its maximum capacity, a new high school campus had been a priority for the district and this was the funding mechanism selected.
The city of Fate in Rockwell County recently embarked on a public-private partnership to develop an affordable seniors housing community. The projected cost is approximately $30 million. To fund the project, the city created a PFC. Plans are for the city to handle the design, construction, and management of the project in collaboration with the PFC. City leaders will appoint board members to the funding corporation which will then operate the development as a nonprofit. The project is anticipated for completion in January 2022.
There are similar types of alternative types of funding options in other parts of the U.S. In Utah, for instance, the Park City Board of Education approved a PFC which will allow the district to secure revenue for a number of master plan projects. The projects have a combined projected cost of $122 million. The school district had considered the funding option of general obligation bonds, which would require voter approval, but elected to create a Local Building Authority (LBA). This funding option will allow them to fund an expansion of a high school facility to accommodate ninth-graders and expand another campus to allow for eighth-grade students.
Public officials, legislators, government contractors, and taxpayers all should have an interest in watching PFCs as well as other alternative funding sources. Until traditional public funding becomes more available for critical public projects, there will be a need for various types of funding solutions.
Mary Scott Nabers is president and CEO of Strategic Partnerships Inc., a business development company specializing in government contracting and procurement consulting throughout the U.S. Her recently released book, Inside the Infrastructure Revolution: A Roadmap for Building America, is a handbook for contractors, investors and the public at large seeking to explore how public-private partnerships or joint ventures can help finance their infrastructure projects.
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Cybersecurity
Article | March 23, 2022
Government agencies seek to deliver quality services in increasingly dynamic and complex environments. However, outdated infrastructures—and a shortage of systems that collect and use massive real-time data—make it challenging for the agencies to fulfill their missions. Governments have a tremendous opportunity to transform public services using the “Internet of Things” (IoT) to provide situation-specific and real-time data, which can improve decision-making and optimize operational effectiveness.
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Emerging Technology
Article | July 13, 2022
Cities, counties, and states are being forced to upgrade or purchase new technology. The old legacy systems are now inadequate, inefficient, and somewhat dangerous because of their vulnerability to hacking. Many of the old systems are almost completely obsolete. They are unable to accommodate new applications.
In today’s data driven world, technology modernization leads to less cost, increases in efficiency, fewer requirements for human resources, and huge increases in convenience for citizens. Research on numerous capital improvement plans for cities, counties, and states reveals that funding is being allocated for major technology purchases and upgrades throughout the country.
Massachusetts
In a bill just signed by the governor, the Act Financing the General Governmental Infrastructure of the Commonwealth, $660 million has been allocated for information technology (IT) needs. Community colleges are scheduled to receive $140 million for cybersecurity, software, hardware, and infrastructure upgrades. Public schools will be eligible for competitive matching grants from a program that received $50 million. Much of the education funding will be used for access to broadband and other digital learning curricula. The IT funding includes $10 million for a statewide data sharing system for all criminal justice agencies and $10 million for the state’s Department of Health.
Cities and counties in Massachusetts also will receive funding. Sommerville’s need to acquire modern backup IT appliances and disaster and cybersecurity projects will get funding. The county of Berkshire is granted funding for a study to determine the cost of constructing a municipal broadband network. Avon will receive funding to move the township’s financial software to the cloud for increased security, and Easton will get funding for an e-permitting geographic information system and some technology-based service delivery software.
Texas
City leaders in Houston plan to spend millions to upgrade some outdated technology. The current computer-aided dispatch (CAD) system is more than 13 years old and has limited functionalities. The city's public safety department is in need of a new system to efficiently respond to police, fire, and medical calls for services. Funding allocations are outlined in the city’s 2021-2025 Capital Improvement Plan. The public safety CAD replacement is scheduled to receive $1 million, and the city has allocated $2.2 million for new budgeting software.
Nevada
The Las Vegas Public Works Department plans to procure a software solution for the city’s capital improvement project program management system (CPMS). The department is challenged with aging IT infrastructure, reduced resources, and currently, each phase of the CPMS uses separate software applications. This is labor intensive and ineffective. The plan is to have one software solution that tracks and manages all phases of the CPMS, including concept, planning, design, permitting, construction, and closeout. The city has budgeted $350,000 each year from 2021-2025 to complete this project.
Virginia
The city of Norfolk plans to upgrade its Department of Utilities’ billing system at a cost of $2 million. Over two years, city leaders plan to spend $4 million per year to purchase IT infrastructure. Purchases will include public safety radios, courthouse equipment, an electronic health record system, security appliances, a cybersecurity assessment, and upgrades to e-services platform.
The city of Portsmouth will upgrade its financial software beginning in 2021 with full implementation by 2024. The project will include software and hardware upgrades and the streamlining of third-party software. Beginning in 2022, the city will purchase record retention software to house permanent, and eventually all, citywide digital records. Plans also call for updating the city’s public safety records management/computer aided dispatch system at a cost of $900,000. New software will improve mobile computing and analysis tools, management dashboards, and multijurisdictional expandable capabilities for future potential collaborations with surrounding communities.
Pennsylvania
The city of Philadelphia’s Office of Innovation and Technology has a total of $153.6 million in city tax-supported funding programmed over its six-year FY21-FY26 capital program. Of the $22.5 million recommended, $8.67 million is for major upgrades for network infrastructure stabilization and enhancement. Another $13.83 million will support citywide departmental applications. This funding will be used for replacement of an old tax legacy system, a new personnel accountability system for the fire department, an integrated jail management system, and an enterprise resource platform modernization effort for procurement, accounting, and logistics. In 2021, the city also will design and implement a new fare collection system at a cost of $1.54 million to replace or enhance the current revenue collection equipment.
North Carolina
The Forsyth County Board of County Commissioners has approved a 2020-2021 annual budget which includes a $6.2 million enterprise resource planning system. The county’s budget, finance, and human resources software programs are in critical need of replacement. In Chatham County, there are plans to replace the current tax office software at a cost of $1 million, and the current software is being evaluated for new purchases.
Oregon
The city of Salem’s Information Technology Department has announced plans to update its financial system at a cost of $650,000. This upgrade is needed to maintain support of the application and increase functionality. The city also plans to update its enterprise storage array at a cost of $250,000. This equipment is primarily used for enterprise applications including financial services, cash handling, parking, utility billing, police records, and other city records flagged for retention purchases.
There is absolutely no doubt – 2021 will be a good year for companies that have new technology to sell to public officials.
Mary Scott Nabers is president and CEO of Strategic Partnerships Inc., a business development company specializing in government contracting and procurement consulting throughout the U.S. Her recently released book, Inside the Infrastructure Revolution: A Roadmap for Building America, is a handbook for contractors, investors and the public at large seeking to explore how public-private partnerships or joint ventures can help finance their infrastructure projects.
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Article | July 14, 2020
The COVID-19 virus (C19) pandemic is turning out to be the event of the century. Even World War seems timid in comparison. We are in the 4th month of the virus (in non-China countries) and have gone past the lockdown in many places. Isn’t it time we re-think the approach? What if there is another wave of C19 coming soon? What if C19 is the first of many such events in the future?
Before we get into analysis and solution design, summarizing the C19 quirks:
While a large section of the affected population is asymptomatic, for some it can be lethal
There isn’t clarity on all the ways C19 spreads
It’s known to affect the lungs, heart, and kidneys in patients with weak immunity
It has been hard to identify a definitive pattern of the virus. Some observations in managing the C19 situation are:
With no vaccine in sight, the end of this epidemic looks months or years away
Health care personnel in hospitals need additional protection to treat patients
Lockdowns lead to severe economic hardship and its repeated application can be damaging
Quarantining people has an economic cost, especially in the weaker sections of society
If one takes a step back to re-think about this, we are primarily solving 2 problems:
Minimise deaths: Minimise the death of C19 and non-C19 patients in this period
Maximise economic growth: The GDP output/growth should equal or higher than pre-C19 levels
One needs to achieve the 2 goals in an environment of rising number of C19 cases.
Minimise deaths
An approach that can be applied to achieve this is:
Data driven health care capacity planning
Build a health repository of all the citizens with details like pre-existing diseases, comorbidity, health status, etc. The repository needs to be updated quarterly to account for patient data changes
This health repository data is combined with the C19 profile (disease susceptibility) and/or other seasonal diseases to determine the healthcare capacity (medicines, doctors, etc.) needed
The healthcare capacity deficit/excess needs to be analysed in categories (beds, equipment, medicine, personnel, etc.) and regions (city, state, etc.) and actions taken accordingly
Regular capacity management will ensure patients aren’t deprived of timely treatment. In addition, such planning helps in the equitable distribution of healthcare across regions and optimising health care costs. Healthcare sector is better prepared to scale-up/down their operations
Based on the analysis citizens can be informed about their probability of needing hospitalisation on contracting C19. Citizens with a higher health risk on C19 infection should be personally trained on prevention and tips to manage the disease on occurrence
The diagram below explains the process
Mechanism to increase hospital capacity without cost escalation
Due to the nature of C19, health personnel are prone to infection and their safety is a big issue. There is also a shortage of hospitable beds available. Even non-C19 patients aren’t getting the required treatment because health personnel seek it as a risk. This resulted in, healthcare costs going up and availability reducing.
To mitigate such issues, hospital layouts may need to be altered (as shown in the diagram below). The altered layout improves hospital capacity and availability of health care personnel. It also reduces the need for the arduous C19 protection procedures. Such procedures reduce the patient treatment capacity and puts a toll on hospital management.
Over a period, the number of recovered C19 persons are going to increase significantly. We need to start tapping into their services to reduce the burden on the system. The hospitals need to be divided into 3 zones. The hospital zoning illustration shown below explains how this could be done. In the diagram, patients are shown in green and health care personnel are in light red.
**Assumption: Infected and recovered C19 patients are immune to the disease. This is not clearly established
Better enforcement of social factors
The other reason for high number of infections in countries like India is a glaring disregard in following C19 rules in public places and the laxity in enforcement. Enforcement covers 2 parts, tracking incidents of violation and penalising the behaviour. Government should use modern mechanisms like crowd sourcing to track incidents and ride on the growing public fear to ensure penalty enforcement succeeds. The C19 pandemic has exposed governance limitations in not just following C19 rules, but also in other areas of public safety like road travel, sanitation, dietary habits, etc.
Maximise economic growth
The earlier lockdown has strained the economy. Adequate measures need to be taken to get the economy back on track. Some of the areas that need to be addressed are:
One needs to evaluate the development needs of the country in different categories like growth impetus factors (e.g. building roads, electricity capacity increase), social factors (e.g. waste water treatment plants, health care capacity), and environmental factors (e.g. solar energy generation, EV charging stations). Governments need to accelerate funding in such projects so that that large numbers of unemployed people are hired and trained. Besides giving an immediate boost to the ailing economy such projects have a future payback. The governments should not get bogged down by the huge fiscal deficit such measures can create. Such a mechanism to get money out in the economy is far than better measures like QE (Quantitative Easing) or free money transfer into people’s bank accounts
Certain items like smartphone, internet, masks, etc. have become critical (for work, education, critical government announcements). It’s essential to subsidise or reduce taxes so that these items are affordable and accessible to everyone without a financial impact
The government shouldn’t put too many C19 related controls on service offerings (e.g. shops, schools, restaurants, cabs). Putting many controls increases the cost of the service which neither the seller not buyer is willing or able to pay. Where controls are put, the Govt should bear the costs or reduce taxes or figure out a mechanism so that the cost can be absorbed.
An event like the C19 pandemic is a great opportunity to rationalise development imbalances in the country. Government funding should be channelized more to under-developed regions. This drives growth in regions that need it most. It also prevents excess migration that has resulted in uncontrolled and bad urbanisation that has made C19 management hard (guidelines like social distance are impossible to follow)
Post-C19 lockdown, the business environment (need for sanitizers, masks, home furniture) has changed. To make people employable in new flourishing businesses there could be a need to re-skill people. Such an initiative can be taken up by the public/private sector
The number of C19 infected asymptomatic patients is going to keep increasing. Building an economy around them (existing, recovered C19 patients) may not be a far-fetched idea. E.g. jobs for C19 infected daily wage earners, C19 infected taxi drivers to transport C19 patients, etc.
In the last 100 years, mankind has conquered the destructive aspects of many a disease and natural mishap (hurricanes, floods, etc.). Human lives lost in such events has dramatically dropped over the years and our preparedness has never been this good. Nature seems to have caught up with mankind’s big strides in science and technology. C19 has been hard to reign in with no breakthrough yet. The C19 pandemic is here to stay for the near future. The more we accept this reality and change ourselves to live with it amidst us, the faster we can return to a new normal. A quote from Edward Jenner (inventor of Small Pox) seems apt in the situation – “The deviation of man from the state in which he was originally placed by nature seems to have proved to him a prolific source of diseases”.
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