Overview
Title
To amend the Internal Revenue Code of 1986 to provide for school infrastructure finance and innovation tax credit bonds.
ELI5 AI
H.R. 2440 is a plan to help fix and build better schools by giving special money (tax credits) to people who invest in these projects. It wants to make sure the new school buildings are super eco-friendly and uses a certain amount of money each year to make improvements, especially in small towns.
Summary AI
H.R. 2440 aims to change the Internal Revenue Code to establish School Infrastructure Finance and Innovation Act (SIFIA) bonds. These bonds would provide tax credits to those investing in the construction and renovation of qualified school facilities, including net-zero energy buildings. The bill caps the amount of bonds that can be issued annually and in total, with allocations for rural areas. It also sets forth rules for bond issuance, credit calculation, and eligibility, and allows the federal government to purchase unsold bonds.
Published
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Bill Statistics
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AnalysisAI
General Summary of the Bill
The bill, titled the “School Infrastructure Finance and Innovation Act” or "SIFIA Act," proposes amendments to the Internal Revenue Code of 1986 to introduce a new type of bond known as SIFIA bonds. These bonds aim to modernize school infrastructure by funding the design, construction, expansion, renovation, furnishing, or equipping of energy-efficient school facilities. The legislation allows taxpayers holding these bonds to receive tax credits instead of traditional interest payments.
SIFIA bonds target partnerships between private entities and educational agencies and are specifically designed to promote the construction of net-zero energy buildings for schools. These bonds have strict criteria, including a $10 billion total issuance cap, with an annual limit of $2.5 billion, and a focus on involving businesses owned by minorities, women, and small enterprises.
Summary of Significant Issues
Financial Commitment and Allocation
The bill outlines a significant financial commitment totaling $10 billion, with annual issuance limits of $2.5 billion. This substantial allocation necessitates rigorous oversight to ensure public funds are utilized efficiently. Without careful management, there is a risk of inefficient use of resources or potential fiscal waste.
Preference and Fairness Concerns
While the bill aims to empower small, minority-owned, or woman-owned businesses, such preferences could present fairness issues. By prioritizing these groups, other equally capable firms that do not fit these categories might find themselves excluded, which could stifle competition and innovation in school infrastructure projects.
Net-Zero Energy Requirement
The requirement for financed projects to achieve net-zero energy status could increase initial construction costs. Although long-term savings might be anticipated, the lack of guaranteed educational benefits or cost recovery places a financial burden on taxpayers and school districts.
Complex Tax Situations
The separation of bond ownership from credit entitlements potentially creates complex tax scenarios that could be challenging for bondholders to navigate. This complexity could lead to difficulties in compliance and oversight.
Geographic and Experience-Based Biases
The allocation of $1 billion specifically for rural projects might introduce geographic disparities, necessitating mechanisms to ensure equitable fund distribution. Similarly, the experience-based eligibility requirements for private entities may restrict entry for new players, affecting the diversity of participants in these projects.
Public Impact
For the public, especially taxpayers, the bill represents a federal commitment to modernizing and making school infrastructure more efficient. By encouraging energy efficiency and addressing educational facility needs, the bill could improve educational environments and potentially enhance student outcomes.
Positive Impacts
For stakeholders like minority-owned businesses, women-owned businesses, and small enterprises, the bill presents opportunities for increased participation in government-backed projects. Additionally, communities in rural areas might benefit from dedicated infrastructure investment, addressing long-standing neglect or lack of development in these regions.
Negative Impacts
Conversely, the general preference policies might unintentionally marginalize other capable firms not falling under the preferred categories, potentially limiting broader industry involvement. The added financial pressures from net-zero mandates might strain school district budgets, especially if anticipated savings do not materialize quickly.
In summary, while the SIFIA Act aims to boost educational infrastructure and involve diverse businesses, balancing these goals with fairness and efficient fiscal management poses challenges that need careful consideration.
Financial Assessment
This bill involves the creation and issuance of School Infrastructure Finance and Innovation Act (SIFIA) bonds, aimed at funding school infrastructure projects through tax credits. Let's explore how financial allocations and references play a significant role in this legislative proposal and relate to potential concerns.
Financial Allocations
The bill sets forth a total financial commitment of $10 billion, with an annual cap of $2.5 billion allocated for the issuance of SIFIA bonds. Such a substantial budgetary allocation requires diligent oversight to ensure that the funds are effectively used for their intended purpose and to avoid any wastage of public resources. Furthermore, $1 billion of the overall budget is earmarked specifically for projects in rural areas. This allocation needs to be monitored to ensure equitable distribution and to address the potential geographic bias.
Relation to Identified Issues
Budgetary Oversight and Efficiency: The large financial commitment raises the need for careful monitoring to prevent inefficient use of funds. Without stringent oversight, there’s a risk of squandering resources on projects with minimal educational benefits or on projects fraught with delays or poor management.
Preference for Certain Developers: The bill gives preference in project financing to "preferred concerns," such as small, minority-owned, or woman-owned businesses. While this could promote diversity among developers, it also introduces concerns about fairness. Developers who might not meet these criteria but are equally competent may be excluded, potentially affecting the quality and cost-effectiveness of projects.
Net-Zero Energy Building Requirement: By mandating that financed buildings be net-zero energy, the bill could result in higher upfront costs. While environmentally beneficial, these projects might not yield financial savings or improved educational outcomes sufficient to justify the investment. This poses a potential financial burden on taxpayers and school districts.
Complex Tax and Financial Situations: The provision allowing the separation of bond ownership from the entitlement to tax credits could create intricate tax situations. Such complexity might become a legal and financial management challenge for taxpayers involved in these transactions.
Broad Definition and Potential Misuse: The definition of "qualified school facilities" is expansive, allowing funds to be directed towards administrative or support facilities beyond traditional educational settings. This broad scope could lead to the financing of projects not essential to educational outcomes, thereby risking misuse of allocated funds.
Barriers to Newcomers: By setting eligibility requirements based on previous experience, the bill could inadvertently create barriers for new companies attempting to enter the market. This limitation may reduce competition and innovation, potentially escalating project costs over time.
In conclusion, while the financial plans introduced in this bill aim to enhance school infrastructure, they also bring forth concerns regarding efficient fund usage, equitable access to opportunities for developers, and managing upfront and operational project costs. Addressing these concerns through comprehensive oversight and rigorous evaluation mechanisms will be crucial in ensuring the bill's successful implementation.
Issues
The overall financial commitment of $10,000,000,000 with an annual cap of $2,500,000,000 on SIFIA bonds issuance (Sections 2 and 54BB) represents a significant budgetary allocation requiring careful monitoring for efficient use to prevent public funds waste.
Preference in project financing for 'preferred concerns' like small, minority-owned, or woman-owned businesses (Section 54BB) might raise fairness concerns by potentially excluding capable developers who do not meet these criteria.
The requirement that financed buildings be net-zero energy (Section 54BB) could drive project costs significantly without ensuring long-term savings or educational benefits, which may impact taxpayers and school districts financially.
The provision to separate bond ownership from the entitlement to credits (Section 54BB) may create complex tax situations that could be difficult for taxpayers to manage, thus raising legal and financial oversight concerns.
The definition of 'qualified school facilities' (Section 54BB) is potentially too broad, allowing financing for projects that may not be essential to educational outcomes, possibly leading to misuse of funds.
Eligibility requirements based on previous experience for private entities (Section 54BB) may create barriers to entry for new companies, limiting participation and innovation in school infrastructure projects.
The provision of a preference for regions identified as rural by setting aside $1,000,000,000 (Section 54BB) could create a geographic bias in fund distribution requiring equitable oversight.
The provision requiring private entities to report improvements in student performance or teacher retention (Section 54BB) introduces accountability aspects that might be subjective and affect future policy assessments.
The bill's limitation on the timeline for bond issuance and project completion (Section 54BB) imposes strict deadlines which could result in rushed projects, impacting the quality and financial efficiency.
The discretion granted to the Secretary of the Treasury for bond allocation (Section 54BB) could lead to inconsistencies or perceived bias in allocation, raising ethical and governance concerns.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that this act may be called the "School Infrastructure Finance and Innovation Act" or "SIFIA Act."
2. SIFIA bonds Read Opens in new tab
Summary AI
SIFIA bonds are created for funding the construction and renovation of energy-efficient school facilities through partnerships between private companies and educational agencies. These bonds offer tax credits to holders and have strict rules on how they should be used, including spending timelines and conditions for allocation, with special provisions to support rural areas and projects involving minority or women-owned businesses.
Money References
- “(3) LIMITATION ON AMOUNT OF SIFIA BONDS DESIGNATED.— “(A) OVERALL LIMITATION.—The maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) is $10,000,000,000.
- “(B) ANNUAL LIMITATION.—The maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) in any calendar year is $2,500,000,000.
- “(C) SET-ASIDE FOR RURAL AREAS.— “(i) $1,000,000,000 of the overall limitation described in subparagraph (A) shall be set aside for projects located in rural areas.
- “(4) ALLOCATION OF LIMITATION.—The authority to issue SIFIA bonds within the limitations set forth in paragraph (3) shall be allocated by the Secretary to prospective issuers on a first come-first served basis, under rules to be prescribed by the Secretary, provided that— “(A) no school district shall be allocated more than $1,500,000,000 in aggregate face amount of SIFIA bonds under this subsection, “(B) no more than $500,000,000 in aggregate face amount of SIFIA bonds shall be allocated under this subsection for the construction, expansion, renovation, furnishing, or equipping of qualified school facilities that are operated by a nonprofit organization under a charter or other agreement between the applicable school district and such nonprofit organization, “(C) an issuer applying for an allocation shall certify (based on the certifications of any conduit borrower of bond proceeds where applicable) that it reasonably expects to commence the project to be financed with proceeds of the bonds within 6 months of the issue date of the bonds, and to expend all of the available project proceeds within 6 years of the issue date of the bonds, and “(D) in making such allocations, the Secretary shall give preference to the financing of projects for which the private for-profit developer is a preferred concern.
54BB. SIFIA bonds Read Opens in new tab
Summary AI
The section introduces SIFIA bonds, a type of bond that provides tax credits to holders instead of interest, specifically designed to finance projects for building and improving net-zero energy school facilities. These bonds must meet specific criteria, including spending timelines, allocation limits, and the involvement of private entities with a history of developing sustainable schools, and they are subject to certain regulations regarding tax treatment and maturity limits.
Money References
- (3) LIMITATION ON AMOUNT OF SIFIA BONDS DESIGNATED.— (A) OVERALL LIMITATION.—The maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) is $10,000,000,000. (B) ANNUAL LIMITATION.—The maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) in any calendar year is $2,500,000,000.
- (C) SET-ASIDE FOR RURAL AREAS.— (i) $1,000,000,000 of the overall limitation described in subparagraph (A) shall be set aside for projects located in rural areas.
- (4) ALLOCATION OF LIMITATION.—The authority to issue SIFIA bonds within the limitations set forth in paragraph (3) shall be allocated by the Secretary to prospective issuers on a first come-first served basis, under rules to be prescribed by the Secretary, provided that— (A) no school district shall be allocated more than $1,500,000,000 in aggregate face amount of SIFIA bonds under this subsection, (B) no more than $500,000,000 in aggregate face amount of SIFIA bonds shall be allocated under this subsection for the construction, expansion, renovation, furnishing, or equipping of qualified school facilities that are operated by a nonprofit organization under a charter or other agreement between the applicable school district and such nonprofit organization, (C) an issuer applying for an allocation shall certify (based on the certifications of any conduit borrower of bond proceeds where applicable) that it reasonably expects to commence the project to be financed with proceeds of the bonds within 6 months of the issue date of the bonds, and to expend all of the available project proceeds within 6 years of the issue date of the bonds, and (D) in making such allocations, the Secretary shall give preference to the financing of projects for which the private for-profit developer is a preferred concern.