Developer seeks future tax funds for $113 million infrastructure costs
LAS CRUCES - Come Tuesday, the Doña Ana County Board of Commissioners will decide whether to give an initial approval to a development company seeking millions of dollars in future tax revenue for infrastructure in a huge development near Santa Teresa.
The El Paso-based Verde Group is requesting the county commission commit to dedicating 75 percent of the project’s future sales tax revenue toward public infrastructure.
At issue will be a new financing mechanism, which has drawn its share of critics and proponents.
Under the mechanism - called a Tax Increment Development District - Verde would front $113 million for projects, roughly half of the estimated cost of infrastructure for its first development. The company would eventually be reimbursed from the sale of bonds, which would be repaid by sales tax revenue coming from within the boundaries of the development.
The Verde Group is requesting three TIDDs - two for industrial parks and one for the company’s first housing development, a 5,000-lot subdivision called Rialta Mesa. The tax districts, allowed by a relatively new state law, would be the first-ever in the unincorporated areas of Doña Ana County, as well as some of the first-ever in New Mexico.
Advocates have argued the districts will stimulate economic development in Santa Teresa and encourage the sort of large-scale master-planning the county wants to promote. Critics, however, have said the tax districts amount to an unnecessary subsidy for a developer in a region where growth is likely to occur regardless of whether tax districts are in place. In addition, they say the county risks siphoning off tax revenue that might be needed in other areas.
The Verde Group has contended the development won’t go forward without the tax districts, as well as a second type of financing it plans to request from the county later on. Also, the company has said an approval Tuesday is critical to keep on a time line of starting construction next year. In addition to the county commission, two state boards would have to sign off on the proposal soon for it to reach the next level of authorization, the state Legislature, which convenes in mid-January.
What’s a TIDD?
To establish a TIDD, state law calls for counties or cities to set base years for tax revenue within a district, which is a defined geographical area. Up to 75 percent of the county and state’s revenue above that level in years to come would go to repay infrastructure bonds.
The Verde Group’s proposed TIDDs are all located near the international border, along Pete V. Domenici International Boulevard. The proposed base year is 2006.
Eligible projects range from sidewalks, to streets, to lighting to wastewater treatment facilities, though it’s up to the county or city to work out agreements with a developer about what improvements qualify for reimbursement.
The state law allows for both property and sales tax to be diverted to TIDDs. The Verde Group has said it’s seeking sales tax only.
A financial adviser for Doña Ana County has estimated the three TIDDs would generate nearly $1.1 million to repay bonds in 2011 and roughly $7 million by 2020.
Doña Ana County wouldn’t be liable for failed bonds, but officials have said a default would reflect poorly on the county.
The county would take over infrastructure after it’s built, and, after bonds were paid off, Doña Ana County and the state would resume collecting the full portion of tax revenue.
New to New Mexico
A statute allowing for Tax Increment Development Districts cleared the Legislature in 2006, after being promoted heavily by developers of a 12,900-acre, Albuquerque project called Mesa Del Sol.
Though the financing mechanism is new to the state, it’s a take on tax increment financing that has been used in other parts of the country for years.
Tax increment financing originated in California in the 1950s as a way to revitalize blighted urban areas, said Toby Rittner, executive director for the Ohio-based Council of Development Finance Agencies. He said the concept spread, and the number of states adopting tax increment financing has boomed in the last 15 years.
“You saw states start to bring it on in the late ’80s, early ’90s, but then you really see them start using it in the ’90s,” he said.
Tax increment financing, which pledges future tax revenue to pay off bonds, was initially applied only toward revitalization efforts, but it was soon adapted to include so-called greenfields - previously undeveloped, vacant land. The Verde Group’s development would fall into this category.
The Verde Group’s TIDD proposal is one of two in Doña Ana County. The city of Las Cruces is in the midst of considering a tax district, as well. The proposal differs from the Verde Group’s because it will encompass an area of existing development in the city’s downtown region. That tax district is aimed at funding revitalization-related projects.
The greenfield debate
Some critics, including San Miguel resident James Kadlecek, object to the use of TIDDs in greenfields, especially those located on the outskirts of metropolitan areas.
Kadlecek, a former director for the Mesilla Valley Economic Development Alliance, said he believes the region proposed by Verde is bound to grow because of its proximity to El Paso. Because of that, he said, the Verde Group’s project doesn’t warrant creating a TIDD.
“The area there is clearly in the pattern of growth for El Paso metro,” he said. “Development is going to happen there, we don’t need to provide an incentive for it. … It just seems to me this company is asking the public to pay for costs they ought to be able to pay for themselves. ”
Kadlecek said he doesn’t mind the use of tax districts in Verde’s two industrial areas because those could result new jobs.
Rittner said the use of tax increment financing in greenfields isn’t uncommon. He estimated roughly 30 to 40 percent of tax increment financing is applied to previously undeveloped areas.
Kadlecek’s said one of his main concerns is the type of infrastructure that will be paid for using public dollars. Historically, the county has footed the cost of some infrastructure, including portions of arterial roads and trunk lines for utilities, while developers have picked up the tabs of projects such as streets and the extensions of utilities to lots.
County Manager Brian Haines has assured money from TIDDs in Verde’s projects will go toward infrastructure the county has typically paid for, such as water and utility systems.
In addition, Haines said, the tax districts will take the guesswork out of anticipating where growth is going to occur, something that has been problematic for the county in the past. Haines pointed to the county’s sale of bonds for a water utility in Santa Teresa in 1996.
“We were waiting in hopes development would occur, and we still only have 12 or 15 customers,” he said.
The Verde Group has said previously that constructing needed infrastructure from the ground up would be too costly for the company. Verde also plans to petition the county for a Public Improvement District, a PID. This type of financing adds a new assessment to a homeowner’s lot, on top of property tax. Revenue repays bonds for infrastructure.
Verde executive Jack Darnall emphasized the company won’t move forward unless the financing is approved.
“We can’t do the project without a TIDD and a PID,” he said, after an informational session last month with county commissioners. “We need both for it to work economically.”
Future tax flow
Tax district opponents also argue that the financing option would tie up future tax dollars. But advocates say the tax revenue wouldn’t exist without new development, which hinges on the creation of TIDDs.
Good Jobs First, an organization based in Washington, D.C., has several criticisms for tax increment financing, including that it diverts tax revenue from a local government’s general fund.
“Once you create this TIDD, up to 75 percent of the tax … can only go to subsidize the development,” said Greg LeRoy, executive director for Good Jobs First. “It can’t go to support any other activity outside of the TIDD.”
LeRoy said New Mexico’s statute is farther-reaching than most because it allows as much as 75 percent of the state’s share of sales tax to be diverted, in addition to a county’s or city’s portion.
County Commissioner Kent Evans said he’s “leaning toward approval” of Tuesday’s measure, mostly because he feels it will benefit the county in the long-run.
“I think they (Verde) really do need this to get started,” he said. “I think the returns are going to outweigh the investments. It’s going to benefit us all.”
TIDD proponents also highlight that the county and state will receive their full portions of tax revenue once bonds are paid off.
County Commission Chairwoman Karen Perez expressed doubts the county will able to maintain infrastructure in the large development while bonds are being paid off. She said that’s an especially important concern, considering infrastructure in most of the county’s rural areas isn’t up to par.
“Can the county take on more infrastructure and services?” she said.
Master-planned community
The Verde Group’s Rialta Mesa is the first part of a master plan for a development that could one day hold between 70,000 and 100,000 people.
Verde executives have said the development, designed with a so-called new urbanism style of planning, will feature retail centers and schools interspersed throughout homes, reducing the need to travel. In addition, trails and bicycle pathways would link the community, and the development would emphasize retaining open space. They say a mix of housing types is proposed.
The style is in contrast to the typical large-scale development in the Las Cruces area, which often results in high-density homes punctuated by occasional strip malls.
County Commissioner Bill McCamley said his decision will come down to a comparison of the benefits of a TIDD and the costs.
“If a developer can show far and above what a normal developer would go, as far as schools, open space, I think it’s up to the county to consider incentivizing development,” he said.
McCamley said he likes what he’s seen of Verde’s plans so far, but he does have some concerns, including whether the county can guarantee a portion of homes will be considered affordable housing.
McCamley, who’s running for New Mexico’s 2nd Congressional district seat, said he plans to disclose at Tuesday’s meeting that he has received campaign contributions from Verde executives. He said he doesn’t plan to recuse himself from the vote.
“I’ll make decisions based on what is, in my assessment, the best policy for Doña Ana County,” he said. “There will be no other reasons for my decisions.”
Questions remain
Rittner said his organization, Council of Development Finance Agencies, promotes sound use of financing tools. He said an important consideration on the part of government officials is setting policies that outline how tax increment financing will be used and then ensuring individual proposals match up with them.
Goals might be to only use it in cases of revitalization or to improve housing in an underserved market.
In addition, Rittner said, governments should take steps to keep the public informed about the process.
County Commissioner Dolores Saldaña-Caviness said she generally likes the Verde Group’s proposal, but she’s not certain she agrees with dedicating 75 percent of future sales tax.
“We need to make sure the interests of Doña Ana County are protected, no matter what we do,” she said. “We have to make sure we do everything right.”
Perez said she hasn’t decided how she’ll vote Tuesday, but her decision will hinge on how well questions about specifics of the proposal are answered by county staff. She said the county’s review of the Verde Group’s application for TIDDs, has reminded her of how advocates of a tax related to Spaceport America pushed that item through the county commission early this year, when unanswered questions remained.
“There’s a lot of loose ends, and really I’m getting flashbacks to the spaceport, in that people are saying: “We’ll work out the details later,’” she said.
Kadlecek said the county is setting a precedent in how it deals with TIDD requests. He said he thinks officials should consider decreasing the percentage of tax revenue that will be dedicated to the tax districts or perhaps limiting the use of TIDDs to the industrial areas only.
“At the very least, I hope the county does some hard negotiating,” he said.
Source: By Diana M. Alba Sun-News reporter
Diana M. Alba can be reached at dalba@lcsun-news.com









