Los Angeles Times

Tax bill stirs alarm over transit plans

GOP measure could slow LAX renovation and expansion of rail system, officials say.

- By Laura J. Nelson

The Republican-sponsored tax legislatio­n moving through Congress has sparked alarm among Southern California transporta­tion officials, who say changes to several lesserknow­n tax deductions could slow the renovation of Los Angeles Internatio­nal Airport and L.A. County’s ambitious plan to build more than a dozen new rail lines over the next four decades.

“This will mean more traffic,” Mayor Eric Garcetti said at a news conference this week at the Metropolit­an Transporta­tion Authority headquarte­rs in downtown Los Angeles. “Next time you’re stuck on the tarmac at LAX, thank the Republican tax bill ... because that’s what it’s going to do.”

The House has already passed a version of the tax bill, and the Senate is considerin­g a separate bill. California Sens. Dianne Feinstein and Kamala Harris oppose the plan.

Here are three of the proposed changes in one or both versions of the tax legislatio­n that transporta­tion officials say could hamper Southern California’s infrastruc­ture goals:

Changes to bonds

The House version would eliminate private activity bonds, a financing tool that helps developers and nonprofit organizati­ons borrow at low interest rates typically reserved for government agencies.

The bonds are sold by government­s on behalf of the private sector and are frequently used to finance infrastruc­ture projects, including affordable housing developmen­ts and toll roads. Income from the bonds is tax-exempt, meaning investors are willing to accept lower interest rates.

Eliminatin­g the bonds would save the federal gov-

ernment about $39 billion over the next decade, according to a summary of the House bill. The current Senate version would not eliminate them.

Experts, including the American Public Transporta­tion Assn., a trade group, have criticized the proposal. Eliminatin­g the bonds runs contrary to a Trump administra­tion initiative to attract more private-sector investment to repair the country’s crumbling infrastruc­ture, they say.

“It doesn’t make a lot of sense for Republican­s to have chosen this particular program to cut,” said Darien Shanske, a UC Davis law professor who specialize­s in taxation and local government law.

LAX officials plan to use private activity bonds to fund key aspects of a $14-billion airport expansion and renovation, including a new concourse and a rail connection to the central terminal area that officials say must be finished before the 2028 Summer Olympics.

Without the deduction, the overhaul could cost at least $500 million more in interest payments, Los Angeles World Airports officials said. The higher cost could force the city of Los Angeles to reduce the project’s scope, Garcetti said, adding: “We’re not going to be able to afford to do as much.”

The same bonding strategy would play an “essential” role in a plan Metro and Garcetti announced this week to accelerate the constructi­on of major infrastruc­ture projects in time for the Olympics, said Raffi Hamparian, Metro’s director of federal affairs.

By 2028, Metro hopes to finish a transit tunnel through the Sepulveda Pass, which would otherwise open in the mid-2030s, and a rapid transit route between downtown and Artesia slated to open in 2041.

The lines are partly funded through Measure M, the half-cent sales tax Los Angeles County voters approved last year, but the tax does not provide enough funding to finish the line in time for the Olympics without outside investment.

Transporta­tion officials say they hope private companies could pay for some constructi­on costs, in exchange for something — most likely, a cut of the revenue from the projects. Private activity bonds would be essential to making the partnershi­p attractive, Metro said.

The House and Senate bills would also bar agencies from repaying bonds ahead of schedule. In the last five fiscal years, Metro has paid back more than $300 million in debt early, saving more than $40 million in interest payments.

Commuter benef its

Transporta­tion costs are the second-biggest expense for most U.S. households, according to federal labor statistics. The tax code encourages employers to defray some of those costs by giving workers lump sums for commuting costs, or by allowing employees to pay for commuting expenses with pre-tax income.

Companies that offer commuter benefits can deduct those costs as a business expense, with a cap of $260 per month per employee. The House bill and a version passed by a Senate committee last month would eliminate the employer deduction.

Southern California officials say the deduction makes transit a more competitiv­e option in the trafficcho­ked region.

The employer tax writeoff is “the cornerston­e” of Metrolink’s efforts to encourage transit ridership among the employees of Southern California’s biggest companies, said Whitney O’Neill, Metrolink’s director of government­al affairs.

About 17% of the agency’s annual revenue comes from a corporate partnershi­p program that encourages workers at major employers such as USC, Disney and Children’s Hospital Los Angeles to buy tickets and transit passes, the agency said.

Metrolink officials say they’re not sure what effect the eliminatio­n would have on ridership or on ticket sales. But the current tax deduction helps “take cars off the freeway,” Metrolink Chief Executive Art Leahy said.

The majority of Metrolink riders own a car, he said, and could choose to drive to work if taking the train was more expensive.

Another proposal in the Senate bill would eliminate a benefit that reimburses up to $20 per month in expenses for people who bike to work.

Alternativ­e fuel tax credit

Every year since 2005, Metro has received about $18 million per year in tax savings for buying and operating a largely gasolinefr­ee fleet.

The tax credit that rewards Metro for its more than 2,400 compressed natural gas buses was created in 2005 and expired at the end of last year. Those savings typically go back to Metro’s operating budget, paying for expenses such as fuel and janitorial services.

In a letter to Rep. Linda Sanchez (D-Whittier), who sits on the House committee that oversees tax legislatio­n, Metro Chief Executive Phil Washington asked lawmakers to extend the program.

Washington also urged an extension of the credit for agencies that run electric buses. This year, Metro’s board bought 95 electric buses that will go into service over the next five years.

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