GOP Tax Plan Eliminates Critical Infrastructure-Funding Bond Program

The Tax Cut and Jobs Act would have a deleterious effect on major infrastructure proposed by the private sector. The loss of Private Activity Bonds would hike borrowing rates for road, transit, stadium, and even affordable housing projects.

3 minute read

November 9, 2017, 6:00 AM PST

By Irvin Dawid


Freeway Construction

Lev Kropotov / Shutterstock

Along with ending the federal plug-in electric vehicle credit that impacts the budding clean car industry and capping mortgage and property tax deductions affecting homebuilding, H.R. 1: Tax Cuts and Jobs Act, would have an outsized-effect on major infrastructure projects largely financed by the private sector by ending the use of tax-exempt Private Activity Bonds (PABs) and related tax-exempt bonds.

Florida's new $3 billion Brightline train service, set to begin 125 m.p.h. between Miami, Fort Lauderdale, and West Palm Beach by the end of the year, had hoped to use $1.75 billion in private activity bonds, but couldn't sell the bonds. The new amount is $600 million, reports TC Palm on Oct. 30.

Would the elimination of PABs hurt the Texas Central railway, a true high-speed rail project that will be entirely privately financed? An August 2015 Dallas Observer  article suggested that PABs would not be used, but the door wasn't entirely closed to them either. 

PABs are used for road projects as well, specifically express (toll) lanes built by public-private partnerships, like Virginia's New 395 Express Lanes

The U.S. Department of Transportation's Build America Bureau, "responsible for driving transportation infrastructure development projects in the United States," indicates that the PAB 'pipeline' through Jan. 23, 2017 amounted to $10,860,952.

"There will be a concerted effort by advocates to get the provision removed from the bill, said Robert Poole, director of transportation policy at the Reason Foundation, a free-market research group," reports Bloomberg News on Nov. 2.

“This would be completely at odds with getting more private investment in infrastructure,” Poole said.

Not just transportation

Eliminating tax-exempt bonds "could jeopardize financing plans for the proposed $1.9 billion Las Vegas Raiders stadium project," reports Richard N. Velotta for the Las Vegas Review-Journal on Nov. 3. "The financing package includes a $750 million public contribution that would be financed through tax-exempt bonds." 

Payton Chung of Greater Greater Washington explains on Nov. 6 how the bonds' disappearance would impact mixed-income apartment construction which use the bonds to both reduce borrowing rates and "generate a four percent Low Income Housing Tax Credit (LIHTC) that developers can use as part of the down payment on their loan."

Most of the new multifamily construction in Wards 7 and 8 and at public housing redevelopment sites is financed with the DC Housing Finance Authority's Multifamily Mortgage Revenue Bond program.

Chung goes on to describe the widespread use of PABs in the D.C. area, at airports, rail stations, office buildings, and museums, to name just a few. 

For a wider look at the different types of tax-exempt bond funds that may be eliminated by H.R. 1, see Brookings Institution reports:

An alternative approach would be to limit, rather than eliminate, the federal tax subsidy by mandating tax-exempt stadium bonds be deemed “qualified private activity bonds,” which are subject to a statewide volume cap.

Hat tip to Clyde Anderson.

Monday, November 6, 2017 in Greater Greater Washington

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

September 15 - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.