Two decisions could make big changes in California’s public pension system

Emerging Technology, Government Business

Article | October 7, 2022

The COVID-19 pandemic touches every aspect of business, technology, and society. And stable and effective government is at the heart of managing through this crisis. What we do now will have longer-term implications for the health and safety of our families, our citizens, the economy, and even global stability. In the past few weeks, IBM has collaborated with many of our government clients and is driving action across three critical phases of response.

Article | May 27, 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.

Emerging Technology

Article | July 16, 2022

There is great angst related to every aspect of reopening of schools in the U.S. What to do? How to do it? When to do it? The questions are numerous, and there is little certainty about anything. However, one thing is not in question – schools and our education system are critically important to our lives, our future, and our economic destiny. American taxpayers have shown no indication that neglecting schools is an option they want to consider. Citizens everywhere appear to be committed to the premise that America must provide modern educational facilities, leading edge technology, and outstanding teachers. To substantiate that point, one only has to take a quick look at what is happening throughout the country. Educational leaders are announcing plans for expanding, rebuilding, and enhancing campuses for tomorrow’s students. And, taxpayers are solidifying their support by approving the required funding. Here are but a few examples. Oregon The West Linn-Wilsonville School District will rely on $206.9 million in funding that was approved by voters to make major expansions. The funding includes $39 million for a new primary school, $18 million for technology upgrades, $25 million for expansion of the Wilsonville High School auditorium, and $15.25 million to secure school entrances, purchase lockdown hardware, and install shelter-in-place curtains. The funding also will cover costs for additional parking and a project to significantly increase the seating capacity of the high school football stadium. Texas In June 2020, the Cleveland ISD approved the first of many projects as part of a $198 million bond package that was approved by voters. Some projects have begun and other planned projects will include the renovation of Northside Elementary and the construction of a sixth elementary school and a new junior high school facility. Additionally, the funding will be used for the addition of a teacher learning center and administrative office as well as for upgrades to the softball and baseball fields at Cleveland High School. Continued growth in this part of the state has required the district to find temporary solutions such as costs of $3 million for portable buildings for classrooms while construction is underway. New Jersey Taxpayers approved a $37.6 million bond election for the Deptford Township School District. It includes replacement of some mercury-infested floors at a number of schools and construction of 16 additional classrooms at the district’s middle school. The funding also will be available for construction of two new science labs, an auxiliary gym, a cafeteria, a new main office, and a new central district office. In Woodbury Heights, voters approved a $2 million bond proposal for construction and renovation projects. The school needs a new main office and a security vestibule. Officials also want to convert some classrooms into a larger area that can be used for group instruction. Nebraska Bennington Public Schools will get a fifth elementary school and second middle school with a $72 million bond issue that was approved in March. The plan was to solicit proposals as quickly as possible with a goal of having construction completed by August 2021. The plan calls for the new middle school to open in 2022. The district also plans for other improvements district-wide, including to the high school softball and football stadiums, and middle school track. Bond money will be used to purchase land for a second high school. California The Oakland Unified School Board voted to place a $735 million construction bond measure on the November ballot to upgrade aging facilities. If approved by voters, the district will upgrade and expand seven schools and construct a new $50 million administrative building. Additional funding will go toward new kitchens at three schools and a cafeteria at one campus. The board also agreed that about $200 million could be used to fund districtwide safety repairs and possible improvements based on COVID-19 requirements at dozens of schools. Another $10 million is allocated for school expansions or other new projects. The cost estimates used by the board were based on the district’s Facilities Master Plan. Michigan The Clio Area School District has announced different plans because the district will downsize. However, voters approved a $40.6 million bond in May. With that funding, the district will begin to consolidate Garner Elementary School, Carter Middle School, Clio High School, and the transportation building. The remaining schools will receive extensive renovations and improvements including ceiling and flooring replacements, air-conditioning, new security systems, and updated technology. The Kenowa Hills School District also received voter approval in May for a $67 million bond proposal. The funding will be used to target multiple areas including, modernizing classrooms, replacing technology, expanding the Early Childhood Center, upgrading facilities and infrastructure, enhancing security, and creating a new STEM lab (science, technology, engineering, and math). In spite of uncertain times, schools are held in high regard and citizens and taxpayers continue to show their support for preserving public assets, enhancing safety, and providing the technology required for quality instruction. 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.

Article | April 14, 2021

COVID-19 placed enormous demands on government services—demands that are not likely to go away. Moreover, the private sector now looks to government to facilitate the data transparency, digital processes, and data security needed to fuel recovery. Governments now understand those old ways of doing business no longer work. They need to become agile and flexible to meet today’s needs. Some were moved in that direction by the unexpected demands of the pandemic. For others, COVID-19 simply accelerated their digital transformation journey that was already underway.