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| State and Local
Legislations > Enabling Legislation
Conforming to Federal Programs |
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| State Infrastructure Banks |
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Thirty-four other States
and the Commonwealth
of Puerto Rico were
approved to establish
SIBs under an earlier
SIB pilot program
authorized by the
National Highway
System Designation
Act of 1995. Under
TEA-21, the USDOT
was allowed to designate
additional qualified
states to participate
in the SIB pilot
program (the NHS
Act SIB program was
incorporated into
the TEA-21 pilot).
As shown in the figure
below, 39 states,
including Puerto
Rico, have now established
SIBs.
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A SIB can provide many types of financial assistance, ranging from
loans to credit enhancements. Forms of assistance may include interest
subsidies, letters of credit, capital reserves for bond financing,
construction loans, and purchase and lease agreements for highway
and transit projects. Learn
more about SIBs.
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SIB
Pilot Program
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TEA-21 provided an additional $150 million to be distributed
to the initial ten states and to any additional states designated
for participation under the new legislation. This money was used
to capitalize the SIBs and has been available to both highway
and transit accounts of a designated state's SIB. In order to
create a SIB, states must enact enabling legislation which designates
how the SIB will be funded and how it will operate. There is a
certain amount of flexibility to these terms and particular arrangements
vary from state to state. The following parameters pertain:
- States may contribute Federal highway funds
apportioned for major programs, such as
Interstate Maintenance, National Highway
System, Surface Transportation Program,
and Bridge Construction and Rehabilitation
programs to the SIB, as well as funds
made available to the states or other
Federal transit grant recipient under
Title 49.
- To receive the Federal pilot program seed money available for
the transit account of the SIB, the state must provide a match
equal to 25 percent of the Federal funds. These matching state
funds will allow the department to capitalize the transit account
of the SIB.
- SIBS must be capitalized in five years, with 20 percent received
in each year.
- Capitalized funds may be deposited into
any SIB account and do not need to be
segregated by mode.
- All funds capitalized into the SIB (both Federal and state)
as well as future repayments must be treated as "Federal"
funds. This factor may prevent certain types of entities from
seeking SIB assistance.
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SIB
Best Practices
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FHWA is concluding a best practices review of the SIB Pilot Program
as part of its Quality Financial Management Initiative. On September
19, 2000, a questionnaire requesting information on program development,
institutional structure, implementation issues, accounting and
reporting practices, and plans for the future was provided to
35 of the 39 state DOTs currently participating in the SIB Pilot
Program. Nearly all of the states have completed the questionnaire
and submitted their responses to FHWA.
A review team of FHWA headquarters, division
offices, resource centers, and Federal
Transit Administration staff conducted
on-site visits at 10 states. During these
visits, the review team interviewed state
officials on individual SIB programs,
including questions on administrative
procedures, financial policies, and plans
for further capitalization. In addition
to a question and answer session, the
review team toured selected projects that
have been assisted by SIB funding. The
10 states visited during this review were
Florida, Texas, South Carolina, Arizona,
Missouri, Ohio, Maine, Pennsylvania, Michigan,
and Oregon. Site visits began in September
and were completed in December.
The review team is currently working on the draft report and
plans to release the final SIB Best Practices report in 2001.
The report will be available on the Clearinghouse when it is issued.
It addresses legislative issues many states have faced as they
developed their SIB programs. Some states, such as Pennsylvania,
have modified their SIB legislation to make the process work more
smoothly.
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State
SIB Legislation
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Florida and Arizona have been creative participants
in the SIB program. Summaries of their
activity are provided below. The Resource
Library provides a comprehensive listing
of Web sites maintained by SIBs. View
the Resource Library.
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Florida
SIB Legislation
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The Florida SIB legislation is innovative
in that it allows sponsors to propose
their own interest rates. Part of the
evaluation of the project is based on
the Net Present Value of the repayment
stream versus the loan value. The Secretary
of the Florida Department of Transportation
(FDOT) has encouraged local districts
to seek out projects appropriate for SIB
funding. FDOT has been willing to offer
zero percent loans through the SIB as
a subsidy to help deliver projects earlier
than they would be otherwise. Florida's
current plan for its SIB program will
leverage $2.2 billion in total project
development costs with $283.1 million
in SIB loans. Florida
SIB legislation
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Arizona
SIB Legislation
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April 1999, the Arizona State Legislature
passed SB1201, which provided SIB funding
to assist in financing the acceleration
of the Regional Freeway Program, to be
completed by the end of 2007. Article
28-7674 established the SIB program. Arizona
SIB legislation.
Learn more about the
Arizona SIB (referred to as the Highway
Expansion and Extension Loan Program)
and read their 1998 annual report.
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Minnesota
SIB Legislation
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The Minnesota Department of Transportation (MnDOT) established
the Transportation Revolving Loan Fund (TRLF) in 1997. The TRLF
was created by the state law pursuant to Minnesota
State Law 446A.085 Transportation revolving loan fund.
TRLF's
comprehensive Web site provides information on all aspects of
its activities.
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