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The Internal Revenue Service, in Revenue Procedure 2016-44, has loosened the restrictions on safe harbors for management contracts entered into by governmental issuers of tax-exempt bonds in connection with facilities financed by such bonds. The revenue procedure, which will be published in the Internal Revenue Bulletin on September 6, 2016, is a welcome development for…

The SEC announced today enforcement actions against 71 municipal issuers of bonds in connection with the Municipalities Continuing Disclosure Cooperation (MCDC) Initiative.  The enforcement actions follow previous announcements from the agency, charging 72 municipal underwriting firms with similar violations discovered through voluntary reporting under MCDC.

The MCDC Initiative was announced by the SEC in…

I recently published an article in The Legal Intelligencer titled, “Real Estate Matters in Monetizing Municipal Assets.” From the article:

Municipalities under financial pressure from rising budgetary costs and long-term obligations are increasingly looking for options to “monetize” publicly owned assets through transfers to private entities. Especially attractive are municipal water and wastewater systems. With

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Nearly two years after Harrisburg Mayor Eric Papenfuse first proposed it, the Harrisburg School District has approved a new, ten-year tax abatement program for residential and commercial development in the city.

As reported by The Patriot News:

The program would provide a 100-percent tax break for 10 years to improvements on residential properties

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The Borough of New Cumberland recently signed an agreement to sell its sewer system to Pennsylvania American Water.

The deal is reportedly for $23 million.  Per The Patriot News:

The sale will eliminate $16 million in debt the borough has. Pa. American Water also agreed to invest $2 million in wastewater and other

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The Pennsylvania 2015-2016 Budget Impasse may be (technically) over, but it just claimed another victim.  From The Bond Buyer:

Standard & Poor’s has discontinued its underlying rating for credit enhancement programs on rated Pennsylvania school districts.

S&P announced the policy change Tuesday afternoon as an additional step to its December withdrawal of ratings based

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We previously reported on Mayor Eric Papenfuse’s controversial plan to triple the local services tax in the City of Harrisburg (a tax that overwhelmingly affects commuters, not residents). After securing the needed sign-off from the Commonwealth Court in January, Papenfuse’s plan was stalled by City Council as it worked through numerous other changes proposed to…

DEP is in the process of finalizing changes to individual and general permits for municipal storm sewer systems  that would result in stringent and costly requirements on municipalities throughout the Commonwealth. I recently co-authored an article for publication in The Legal Intelligencer on these changes, and how municipalities can address them.

DEP’s proposed changes modify…

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target – municipally owned water and wastewater systems.  Pennsylvania legislation over the last few years has provided considerable financial and regulatory incentives for this unprecedented growth. These companies are no longer waiting for municipalities…