Sec. 2003. TIFIA loans for State infrastructure banks
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Chapter 6 of title 23, United States Code, is amended by adding at the end the following: In this section, the following definitions apply: The term letter of interest means a letter submitted by a potential State infrastructure bank applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the TIFIA program that— outlines the proposed financial plan, including the requested credit assistance; and provides information regarding satisfaction of other eligibility requirements of the TIFIA program.
The term limited buydown means a buydown of the interest rate by the obligor if the interest rate has increased between— the date on which an application acceptable to the Secretary is submitted; and the date on which the Secretary executes the secured loan. The term obligor means a State infrastructure bank established under section 610 that is primarily liable for payment of the principal of or interest on a secured loan. The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the capitalization or deposit into a State infrastructure bank established under section 610.
Except as provided in subsection (i), the term senior obligation means any note, bond, debenture, or other debt obligation issued by an obligor, other than a secured loan, that is secured by the dedicated revenue sources that also secure the secured loan and that is senior in right of payment to the secured loan. The term State infrastructure bank obligation means any note, bond, debenture, or other debt obligation issued by a State infrastructure bank, other than a secured loan, that is secured by the dedicated revenue sources that also secure the secured loan.
The term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a secured loan— calculated on a net present value basis; and excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). The Secretary may set aside up to 10 percent of the funds made available to carry out the TIFIA program under this chapter (excluding the amount set aside under section 608(a)(3)) to provide credit assistance for the capitalization of, or deposit into, a State infrastructure bank established under section 610.
To apply for credit assistance under this section, a State infrastructure bank shall submit a letter of interest prior to submission of a formal application for a secured loan. To be eligible for a secured loan under this section, a State infrastructure bank shall satisfy applicable creditworthiness standards, which, at a minimum, shall include— adequate coverage requirements to ensure repayment; an investment grade rating from at least 2 rating agencies on debt senior to the secured loan; and a rating from at least 2 rating agencies on the secured loan, subject to the condition that, with respect to clause (ii), if the total amount of the senior debt and the secured loan is less than $75,000,000, 1 rating agency opinion for each of the senior debt and secured loan shall be sufficient.
Notwithstanding subparagraph (A), in a case in which the secured loan is the senior debt of the State infrastructure bank— if the secured loan is for an amount that equals or exceeds $75,000,000, the secured loan shall be required to receive an investment grade rating from at least 2 rating agencies; and if the secured loan is for an amount less than $75,000,000, the secured loan shall be required to receive an investment grade rating from at least 1 rating agency. The secured loan shall be repayable from pledged revenues not affected by the performance of any loans made by the State infrastructure bank receiving the Federal credit assistance, such as a tax-backed revenue pledge.
After the submission of a letter of interest and prior to the submission of an application, upon request of the Secretary, each State infrastructure bank seeking a secured loan under this section shall provide a preliminary rating opinion letter from at least 1 rating agency— indicating that the senior debt of the State infrastructure bank, which may be the secured loan, has the potential to achieve an investment-grade rating; and including a preliminary rating opinion on the secured loan.
The Secretary shall establish a rolling application process to carry out this section. A State infrastructure bank seeking a secured loan under this section shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice informing the applicant whether— the application is complete; or additional information or materials are needed to complete the application.
Not later than 60 days after the date of issuance of the written notice under paragraph (1), the Secretary shall provide to the State infrastructure bank a written notice informing the applicant whether the Secretary has approved or disapproved the application. Before entering into an agreement under this section, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each preliminary rating opinion letter received under subsection (d).
Credit assistance provided under this section shall be provided through an agreement entered into between the Secretary and a State infrastructure bank for a secured loan, the proceeds of which shall be used for the capitalization of, or deposit into, the TIFIA account of a State infrastructure bank established under section 610. A secured loan under this section shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate.
Except as provided in subparagraph (C), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the secured loan agreement. Subject to clause (ii), an obligor shall be entitled to buy down the interest rate of a secured loan under this section through a limited buydown. A limited buydown may not lower the interest rate of a secured loan by more than the lesser of— 1 ½ percentage points (150 basis points); and the amount of the increase in the interest rate.
The final maturity date of a secured loan under this section shall not be later than 35 years after the date on which the Secretary executes the secured loan. For each fiscal year, credit assistance provided to an obligor under this section shall be in an amount that is not less than $25,000,000, but not more than $100,000,000. Subject to subparagraph (B), a State infrastructure bank receiving credit assistance under this section shall— deposit those amounts into the TIFIA account of the State infrastructure bank; and use such credit assistance for projects eligible under section 610.
Except as provided in paragraph (2), the secured loan shall not be subordinated to the claims of any holder of senior obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. Subject to subparagraph (B), the Secretary shall waive the requirement under paragraph
(1)for a State infrastructure bank that has outstanding senior obligations under a preexisting indenture if the secured loan is rated in the A category or higher. If the Secretary waives the nonsubordination requirement under this paragraph— the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and the obligor shall be responsible for paying the remainder of the subsidy cost, if any. The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. The Secretary shall establish a repayment schedule for each secured loan under this section based on the projected cash flow from the dedicated repayment sources. Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date on which the Secretary executes the secured loan. If, at any time after the date on which the Secretary executed the secured loan, the revenues pledged to pay the scheduled loan repayments of principal and interest on the secured loan are not sufficient to make such payments, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. Any payment deferred under subparagraph
(A)shall— continue to accrue interest in accordance with subsection (g)(3)(B) until fully repaid; and be scheduled to be amortized over the remaining term of the loan. Any payment deferral under subparagraph
(A)shall be contingent on the obligor meeting criteria established by the Secretary. The criteria established pursuant to clause
(i)shall include standards for reasonable assurance of repayment. Any excess revenues that remain after satisfying scheduled debt service requirements on the State infrastructure bank obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing State infrastructure bank obligations may be applied annually to prepay the secured loan without penalty. The secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. Subject to paragraph (2), the Secretary may sell to another entity or reoffer into the capital markets a secured loan if the Secretary determines that the sale or reoffering can be made on favorable terms. In making a sale or reoffering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. . Section 610 of title 23, United States Code, is amended— in subsection (d)— by redesignating paragraphs
(4)through
(6)as paragraphs
(5)through (7), respectively; and by inserting after paragraph
(3)the following: Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the TIFIA account of the bank funds received under section 611. Federal funds deposited into the TIFIA account shall constitute a capitalization secured loan for the TIFIA account of the State infrastructure bank. Amounts in the TIFIA account shall be used only to carry out projects eligible for assistance under chapter 1 of this title or chapter 53 of title 49. ; and in subsection (f), by inserting , except that funds in the TIFIA account of a State infrastructure bank established under this section may be used only for projects with reasonably anticipated eligible project costs of not less than $5,000,000 but not more than $50,000,000 before the period at the end. The analysis for chapter 6 of title 23, United States Code, is amended by adding at the end the following: 611. TIFIA loans for State infrastructure banks. .
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Sec. 2003
TIFIA loans for State infrastructure banks
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