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Public Finance Criteria PDF

337 Pages·2006·1.22 MB·English
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Public Finance Criteria 2007 Public Finance Criteria 2007 Published by Standard & Poor’s, a Division of The McGraw-Hill Companies, Inc. Executive offices: 1221 Avenue of the Americas, New York, NY 10020. Editorial offices: 55 Water Street, New York, NY 10041. Subscriber services: (1) 212-438-7280. Copyright©2006 by The McGraw-Hill Companies, Inc. Reproduction in whole or in part prohibited except by permission. All rights reserved. Information has been obtained by Standard & Poor’s from sources believed to be reliable. However, because of the possibility of human or mechanical error by our sources, Standard & Poor’s or others, Standard & Poor’s does not guarantee the accuracy, adequacy, or completeness of any information and is not responsible for any errors or omissions or the result obtained from the use of such information. Standard & Poor’s uses billing and contact data collected from subscribers for billing and order fulfillment purposes, and occasionally to inform subscribers about products or services from Standard & Poor’s, our parent, The McGraw-Hill Companies, and reputable third parties that may be of interest to them. All subscriber billing and contact data collected is stored in a secure database in the U.S. and access is limited to authorized persons. If you would prefer not to have your information used as outlined in this notice, if you wish to review your information for accuracy, or for more information on our privacy practices, please call us at (1) 212-438-7280 or write us at: [email protected]. For more information about The McGraw-Hill Companies Privacy Policy please visit www.mcgraw-hill.com/privacy.html. Analytic services provided by Standard & Poor’s Ratings Services (Ratings Services) are the result of separate activities designed to preserve the independence and objectivity of ratings opinions. The credit ratings and observations contained herein are solely statements of opinion and not statements of fact or recommendations to purchase, hold, or sell any securities or make any other investment decisions. Accordingly, any user of the information contained herein should not rely on any credit rating or other opinion contained herein in making any investment decision. Ratings are based on information received by Ratings Services. Other divisions of Standard & Poor’s may have information that is not available to Ratings Services. Standard & Poor’s has established policies and procedures to maintain the confidentiality of non-public information received during the ratings process. Ratings Services receives compensation for its ratings. Such compensation is normally paid either by the issuers of such securities or third parties participating in marketing the securities. While Standard & Poor’s reserves the right to disseminate the rating, it receives no payment for doing so, except for subscriptions to its publications. Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees. Permissions: To reprint, translate, or quote Standard & Poor’s publications, contact: Client Services, 55 Water Street, New York, NY 10041; (1) 212-438-9823; or by email to: [email protected]. To Our Readers Standard & Poor’s Ratings Services is pleased to present the 2007 edition of Public Finance Criteria, which we hope you will find useful. This updated overview includes criteria developed since the publication of the last edition, as well as criteria revised to reflect events and trends affecting public finance. Standard & Poor’s criteria are extensive and are periodically revised. Our complete criteria are available on Standard & Poor’s RatingsDirect, as well as on the Web at www.standardandpoors.com. Standard & Poor’s also regularly publishes its new and revised criteria on RatingsDirect and on the Web, as part of our commitment to provide the most timely and comprehensive public finance ratings information. William L. Montrone Managing Director Contents I. Introduction Introduction to Public Finance Criteria................................................................................6 II. Cross Sector Criteria Short-Term Debt ................................................................................................................11 Commercial Paper, VRDO, And Self Liquidity ..................................................................17 Bank Liquidity Facilities ....................................................................................................26 Municipal Swaps................................................................................................................29 Debt Derivative Profile Scores............................................................................................38 Long-Term Municipal Pools ..............................................................................................43 Investment Guidelines........................................................................................................49 Investment Agreements for Municipal Revenue Bond Financings ......................................53 Joint Support To Investment Agreements ..........................................................................55 Defeasance..........................................................................................................................57 III. Tax-Secured Debt Introduction to Tax-Secured Debt......................................................................................60 GO Debt............................................................................................................................60 Debt Statement Analysis ....................................................................................................66 Special Tax Bonds..............................................................................................................70 Non Ad Valorem Bonds......................................................................................................75 Lottery Revenue Bonds ......................................................................................................76 Special-Purpose Districts....................................................................................................78 State Credit Enhancement Programs..................................................................................86 Appropriation-Backed Obligations ..................................................................................103 Federal Leases..................................................................................................................107 Moral Obligation Bonds..................................................................................................111 IV. General Government Utilities Water and Sewer Ratings..................................................................................................113 Electric Utility Ratings......................................................................................................121 Solid Waste System Financings ........................................................................................127 V. Transportation Airport Revenue Bonds....................................................................................................131 Stand-Alone Passenger Facility Charge Debt....................................................................136 Airport Multi-Tenant Special Facilities Bonds..................................................................139 Port Facilities Revenue Bonds ..........................................................................................142 Toll Road and Bridge Revenue Bonds..............................................................................145 Mass Transit Bonds Secured by Farebox Revenues..........................................................149 Parking Revenue Bonds....................................................................................................151 VI. Health Care Not-for-Profit Health Care ..............................................................................................153 Senior Living....................................................................................................................162 Physician Groups and Faculty Practice Plans....................................................................169 Human Service Providers..................................................................................................172 VII. Education and Non-Traditional Not-for-Profits Higher Education ............................................................................................................175 Private Elementary and Secondary Schools ......................................................................191 Charter Schools................................................................................................................194 Non-Traditional Not-for Profits ......................................................................................200 VIII. Municipal Structured Finance Introduction to Structured Finance ..................................................................................207 LOC-Backed Municipal Debt ..........................................................................................208 Municipal Applications for Jointly Supported Debt ........................................................217 Forward Purchase Contracts and ‘AAA’ Defeased Bonds ................................................223 Secondary-Market Derivative Products............................................................................225 IX. Housing Introduction to Tax-Exempt Housing Bonds....................................................................230 Single-Family Whole Loan Programs................................................................................230 Single-Family Second Mortgage Loans ............................................................................243 Single Family Mortgage-Backed Securities Programs........................................................245 Property Improvement Loans ..........................................................................................247 FHA Insured Mortgages ..................................................................................................250 Ginnie Mae, Fannie Mae, and Freddie Mac Multifamily Securities..................................259 Unenhanced Affordable Housing Project Debt ................................................................262 Affordable Multifamily Housing Pooled Financings ........................................................270 Military Housing Privatizations........................................................................................276 Federally Subsidized Housing Programs ..........................................................................281 Public Housing Authority Debt........................................................................................285 Housing Finance Agencies................................................................................................290 X. Other Criteria Bond Insurance ................................................................................................................294 Government Investment Pools (GIP)................................................................................312 Assessing Construction Risk ............................................................................................323 Pension Fund Credit Enhancement And Related Guarantee Programs ............................327 Public Pension Funds........................................................................................................329 Introduction Introduction To Public Finance Criteria Since beginning its credit rating activities in 1916, ■ Credibility, and Standard& Poor’s Ratings Services has rated ■ Transparency hundreds of thousands of securities issues, corporate Standard& Poor’s recognition as a rating agency and governmental issuers, and structured financings. ultimately depends on investors’ willingness to Standard& Poor’s began its ratings activities with accept its judgments. Standard& Poor’s believes it the issuance of credit ratings on corporate and is important that all users of its ratings understand government debt issues. Responding to market how it arrives at its ratings opinions, and it regularly developments and needs, Standard& Poor’s has publishes ratings definitions and detailed reports on developed and innovated methodologies and criteria ratings criteria and methodology. and now assesses the credit quality of, and assigns Standard& Poor’s rates more than USD $34 credit ratings to, financial guarantees, recovery ratings trillionin bonds and other financial obligations of and bank loans, private placements, mortgage-and obligors in more than 100 countries. Despite the asset-backed securities, mutual funds, and the ability changing environment, Standard& Poor’s core of insurance companies to pay claims, and assigns values remain the same-to provide high-quality, market-risk ratings to managed funds. objective, value-added analytical information to In 2005, Standard& Poor’s published more than the world’s financial markets. 500,000 ratings, including 294,000 new ratings Credit Ratings and 260,000 revised ratings. We have issued ratings on debt securities in more than 100 countries. Standard& Poor’s began rating the debt of corporate Standard& Poor’s rates and monitors developments and government issuers nearly 100 years ago. Since pertaining to these securities and obligors from then, its credit rating criteria and methodology have operations in 21 countries around the world. grown in sophistication and have kept pace with Standard& Poor’s believes that over the last the introduction of new financial products. For century credit ratings have served the U.S. securities example, Standard& Poor’s was the first major markets extremely well, providing an effective and rating agency to assess the credit quality of, and objective tool in the market’s evaluation and assess- assign credit ratings to, the claims-paying ability of ment of credit risk. Standard& Poor’s recognizes insurance companies (1971), financial guarantees the valuable role that credit-rating agencies play (1971), mortgage-backed bonds (1975), mutual in the U.S. securities markets and is committed funds (1983), and asset-backed securities (1985). to protecting and enhancing the reputation and A credit rating is Standard& Poor’s opinion of future of its credit-ratings business. In this regard, the general creditworthiness of an obligor, or the Standard& Poor’s takes great care to assure that creditworthiness of an obligor with respect to a the market views its credit ratings as highly credible particular debt security or other financial obligation, and relevant, and will continue to review its practices, based on relevant risk factors. A rating does not policies, and procedures on an ongoing basis and constitute a recommendation to purchase, sell, or modify or enhance them, as necessary, to ensure hold a particular security. In addition, a rating does that rigorous analytics, integrity, independence, not comment on the suitability of an investment objectivity, transparency, credibility, and quality for a particular investor. continue as fundamental premises of its operations. Standard& Poor’s credit ratings and symbols originally applied to debt securities. As described Standard& Poor’s Role In The Financial Markets below, Standard& Poor’s has developed credit ratings Standard& Poor’s is the world’s foremost provider that may apply to an issuer’s general creditworthiness of independent credit ratings, indices, risk evalua- or to a specific financial obligation. Standard& tion, investment research, data and information, Poor’s has historically maintained separate and and operates under the basic principles of: well-established rating scales for long-term and ■ Independence short-term instruments. Over the years, these credit ■ Objectivity ratings have achieved wide investor acceptance as 6 Standard & Poor’s Public Finance Criteria 2007 Introduction To Public Finance Criteria easily usable tools for differentiating credit quality, financial obligation, as it does not take into account because a Standard& Poor’s credit rating is judged the nature of and provisions of the obligation, its by the market to be reliable and credible. standing in bankruptcy or liquidation, statutory preferences, or the legality and enforceability of the Rating Process obligation. In addition, it does not take into account Standard& Poor’s provides a rating only when there the creditworthiness of the guarantors, insurers, or is adequate information available to form a credible other forms of credit enhancement on the obligation. opinion and only after applicable quantitative, The issuer credit rating is not a recommendation to qualitative, and legal analyses are performed. purchase, sell or hold a financial obligation issued The analytical framework is divided into several by an obligor, as it does not comment on market categories to ensure salient qualitative and quantitative price or suitability for a particular investor. issues are considered. The rating process is not Issuer credit ratings are based on current infor- limited to an examination of various financial mation furnished by obligors or obtained by measures. Proper assessment of credit quality involves Standard& Poor’s from other sources it considers an evaluation of the basic underlying economic reliable. Standard& Poor’s does not perform an strength of the entity, as well as the effectiveness of audit in connection with any issuer credit rating the governing process to manage performance and and may, on occasion, rely on unaudited financial address problems. Standard& Poor’s assembles a information. Issuer credit ratings may be changed, team of analysts with appropriate expertise to suspended, or withdrawn as a result of changes in, review information pertinent to the rating. A lead or unavailability of, such information, or based on analyst is responsible for the conduct of the rating other circumstances. Issuer credit ratings can be process. Several of the members of the analytical either long-term or short-term. Short-term issuer team may meet and/or discuss with management credit ratings reflect the obligor’s creditworthiness of the organization to review, in detail, key factors over a short-term time horizon, usually one to that have an effect on the rating, including operating three years. and financial plans and management policies. The Most Public Finance ratings are issue ratings. A meeting also helps analysts develop the qualitative Standard& Poor’s issue credit rating is a current assessment of management itself, an important opinion of the creditworthiness of an obligor with factor in the rating decision. respect to a specific financial obligation, a specific Following this review and discussion, a rating class of financial obligations, or a specific financial committee meeting is convened. At the meeting, program. It takes into consideration the creditwor- the committee discusses the lead analyst’s recom- thiness of guarantors, insurers, or other forms of mendationand the pertinent facts supporting credit enhancement on the obligation. The issue the rating. Finally, the committee votes on credit rating is not a recommendation to purchase, the recommendation. sell, or hold a financial obligation, inasmuch as it The issuer is subsequently notified of the rating does not comment as to market price or suitability and the major considerations supporting it. A rating for a particular investor. can be appealed prior to its publication, if meaningful Issue credit ratings are based on current information new or additional information is to be presented furnished by the obligors or obtained by Standard& by the issuer. Obviously, there is no guarantee Poor’s from other sources it considers reliable. that any new information will alter the rating Standard& Poor’s does not perform an audit in committee’s decision. connection with any credit rating and may, on Once a final rating is assigned, it is disseminated occasion, rely on unaudited financial information. to the public via Standard& Poor’s free web site Credit ratings may be changed, suspended, or (www.standardandpoors.com), through the news withdrawn as a result of changes in, or unavailability media and through Standard& Poor’s publications. of, such information, or based on other circumstances. All initial ratings are assigned and released only Issue credit ratings can be either long-term or by request. short-term. Short-term ratings are generally assigned to those obligations considered short term Rating Types in the relevant market. In the U.S., for example, A Standard& Poor’s issuer credit rating is a current that means obligations with an original maturity of opinion of an obligor’s overall financial capacity (its no more than 365 days-including commercial creditworthiness) to pay its financial obligations. paper. Short-term ratings are also used to indicate This opinion focuses on the obligor’s capacity and the creditworthiness of an obligor with respect to willingness to meet its financial commitments as put features on long-term obligations. The result is they come due. It does not apply to any specific a dual rating, in which the short-term ratings www.standardandpoors.com 7 Introduction address the put feature, in addition to the usual Issue credit ratings can be either long-term or long-term rating. Medium-term notes are assigned short-term. Short-term ratings are generally long-term ratings. assigned to those obligations considered short term A Standard& Poor’s Underlying Rating (SPUR) in the relevant market. In the U.S., for example, is a rating of the stand-alone capacity of an issue that means obligations with an original maturity of to pay debt service on a credit-enhanced debt issue, no more than 365 days-including commercial paper. without giving effect to the enhancement that Short-term ratings are also used to indicate the applies to it. creditworthiness of an obligor with respect to put Issue and issuer long term ratings are divided into features on long-term obligations. The result is several categories ranging from ‘AAA’ reflecting the a dual rating, in which the short-term ratings strongest credit quality to ‘D’ reflecting the lowest. address the put feature, in addition to the usual Long-term ratings from ‘AA’ to ‘CCC’ may be modi- long-term rating. Medium-term notes are assigned fiedby the addition of a plus or minus sign to show long-term ratings. relative standing within the major rating categories. Long-Term Issue Credit Ratings A Standard& Poor’s commercial paper rating is a current assessment of the likelihood of timely Issue credit ratings are based in varying degrees, on payment of debt having an original maturity of no the following considerations: more than 365 days. Ratings are graded into several ■ Likelihood of payment-capacity and willingness categories, ranging from ‘A’ for the highest-quality of the obligor to meet its financial commitment obligations to ‘D’ for the lowest. on an obligation in accordance with the terms of A Standard& Poor’s U.S. municipal note rating the obligation; reflects the liquidity factors and market access risks ■ Nature of and provisions of the obligation; and unique to notes. Notes due in three years or less ■ Protection afforded by, and relative position of, will likely receive a note rating. Notes maturing the obligation in the event of bankruptcy, reorga- beyond three years will most likely receive a long- nization, or other arrangement under the laws term debt rating. The following criteria will be used in making that assessment: of bankruptcy and other laws affecting creditors’ ■ Amortization schedule-the larger the final maturity rights. The issue ratings definitions are expressed in relative to other maturities, the more likely it will terms of default risk. As such, they pertain to senior be treated as a note; and obligations of an entity. Junior obligations are typi- ■ Source of payment-the more dependent the issue cally rated lower than senior obligations, to reflect is on the market for its refinancing, the more the lower priority in bankruptcy, as noted above. likely it will be treated as a note. AAA Municipal Issue Ratings Definitions An obligation rated ‘AAA’ has the highest rating A Standard& Poor’s issue credit rating is a current assigned by Standard& Poor’s. The obligor’s opinion of the creditworthiness of an obligor with capacity to meet its financial commitment on respect to a specific financial obligation, a specific the obligation is extremely strong. class of financial obligations, or a specific financial AA program. It takes into consideration the creditwor- thiness of guarantors, insurers, or other forms of An obligation rated ‘AA’ differs from the highest- credit enhancement on the obligation. The issue rated obligations only to a small degree. The obligor’s credit rating is not a recommendation to purchase, capacity to meet its financial commitment on the sell, or hold a financial obligation, inasmuch as it obligation is very strong. does not comment as to market price or suitability A for a particular investor. An obligation rated ‘A’ is somewhat more susceptible Issue credit ratings are based on current information to the adverse effects of changes in circumstances furnished by the obligors or obtained by Standard& and economic conditions than obligations in higher- Poor’s from other sources it considers reliable. rated categories. However, the obligor’s capacity to Standard& Poor’s does not perform an audit in meet its financial commitment on the obligation is connection with any credit rating and may, on still strong. occasion, rely on unaudited financial information. Credit ratings may be changed, suspended, or with- BBB drawn as a result of changes in, or unavailability of, An obligation rated ‘BBB’ exhibits adequate protection such information, or based on other circumstances. parameters. However, adverse economic conditions 8 Standard & Poor’s Public Finance Criteria 2007 Introduction To Public Finance Criteria or changing circumstances are more likely to lead also will be used upon the filing of a bankruptcy to a weakened capacity of the obligor to meet its petition or the taking of a similar action if payments financial commitment on the obligation. on an obligation are jeopardized. BB, B, CCC, CC, and C Plus (+) or minus (-) Obligations rated ‘BB’, ‘B’, ‘CCC’, ‘CC’, and ‘C’ The ratings from ‘AA’ to ‘CCC’ may be modified are regarded as having significant speculative char- by the addition of a plus (+) or minus (-) sign to acteristics. ‘BB’ indicates the least degree of specula- show relative standing within the major rating tion and ‘C’ the highest. While such obligations will categories. likely have some quality and protective characteris- NR tics, these may be outweighed by large uncertainties An issue designated NR is not rated. or major exposures to adverse conditions. BB Short-Term Issue Credit Ratings Notes An obligation rated ‘BB’ is less vulnerable to non- payment than other speculative issues. However, A Standard& Poor’s U.S. municipal note rating it faces major ongoing uncertainties or exposure reflects the liquidity factors and market access risks to adverse business, financial, or economic condi- unique to notes. Notes due in three years or less tions, which could lead to the obligor’s inade- will likely receive a note rating. Notes maturing quate capacity to meet its financial commitment beyond three years will most likely receive a long- on the obligation. term debt rating. The following criteria will be used in making that assessment: B ■ Amortization schedule-the larger the final maturity An obligation rated ‘B’ is more vulnerable to non- relative to other maturities, the more likely it will payment than obligations rated ‘BB’, but the oblig- be treated as a note; and or currently has the capacity to meet its financial ■ Source of payment-the more dependent the issue commitment on the obligation. Adverse business, is on the market for its refinancing, the more financial, or economic conditions will likely impair the obligor’s capacity or willingness to meet its likely it will be treated as a note. financial commitment on the obligation. Note rating symbols are as follows: CCC SP-1 An obligation rated ‘CCC’ is currently vulnerable Strong capacity to pay principal and interest. An to nonpayment and is dependent upon favorable issue determined to possess a very strong capacity business, financial, and economic conditions for the to pay debt service is given a plus (+) designation. obligor to meet its financial commitment on the SP-2 obligation. In the event of adverse business, finan- Satisfactory capacity to pay principal and interest, cial, or economic conditions, the obligor is not like- with some vulnerability to adverse financial and ly to have the capacity to meet its financial economic changes over the term of the notes. commitment on the obligation. SP-3 CC Speculative capacity to pay principal and interest. An obligation rated ‘CC’ is currently highly vulner- able to nonpayment. Commercial Paper C A Standard& Poor’s commercial paper rating is a The ‘C’ rating may be used to cover a situation current assessment of the likelihood of timely pay- where a bankruptcy petition has been filed or simi- ment of debt having an original maturity of no lar action has been taken, but payments on this more than 365 days. Ratings are graded into sever- obligation are being continued. al categories, ranging from ‘A’ for the highest-quali- ty obligations to ‘D’ for the lowest. These D categories are as follows: An obligation rated ‘D’ is in payment default. The A-1 ‘D’ rating category is used when payments on an obligation are not made on the date due even if the This designation indicates that the degree of safety applicable grace period has not expired, unless regarding timely payment is strong. Those issues Standard& Poor’s believes that such payments will determined to possess extremely strong safety charac- be made during such grace period. The ‘D’ rating teristics are denoted with a plus sign (+) designation. www.standardandpoors.com 9

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