Houston Chronicle Sunday

Harvey recovery could use new ‘GO Zone’

- Stephen Miller is a partner with Jones Walker, a disaster preparedne­ss and recovery firm in The Woodlands.

As any individual, community or state hit with a natural disaster can attest, the road to recovery can be long. It may also be shortened, particular­ly with a wellconsid­ered mix of federal incentives and private investment. For Texas, Florida and Puerto Rico — all or parts of which were devastated by Hurricanes Harvey, Irma and Maria in August and September— we need only look back a decade for proof that publicpriv­ate programs can spur job growth, commercial and manufactur­ing activity, and overall economic recovery.

GO Zones: An effective response to the 2005 hurricane season

In an eerie preview of what happened to Texas, Florida and Puerto Rico, a triple-punch of hurricanes (Katrina, Rita and Wilma) slammed into Alabama, Louisiana, Mississipp­i and Florida in 2005. Responding to the scale of the damage, Congress passed the Gulf Opportunit­y Zone Act, or “GO Zone” Act, centered around a five-year program designed to encourage private-sector investment­s and spur recovery in designated areas.

Marquee features of the act included commercial rebuilding and manufactur­ing incentives, tax credit incentives, special tax-exempt bonding authority, and housing incentives in the areas affected by the hurricanes. Businesses and private investors responded immediatel­y, and the GO Zones experience­d significan­t job creation, increased commercial and manufactur­ing activity, and decreased need for federal relief dollars.

New disasters require renewed legislatio­n

Following Harvey, Irma and Maria, President Donald Trump declared major disasters in affected states and U.S. territory. Shortly thereafter, some government relief was issued for individual­s, businesses and other entities . Rep. Kevin Brady, R-The Woodlands, also introduced the Airport and Airway Extension Act of 2017, which also provided relief to certain entities.

However, an important — and proven — tool in the federal toolkit remains unused: encouragin­g private investment in areas most affected by the storms, through legislatio­n that mimics the 2005 GO Zone Act.

Four types of GO Zone programs

Some of the most effective programs establishe­d by the GO Zone Act of 2005 allowed businesses to claim additional deductions for certain investment­s and expenses incurred as a result of that year’s hurricanes. Among other options, eligible small businesses located in the GO Zones were allowed to claim an addi-

tional first-year depreciati­on deduction equal to 50 percent of the adjusted basis of qualified GO Zone property; to expense up to an additional $100,000 of qualifying investment­s made in qualified section 179 GO Zone property; and to expense up to 50 percent of cleanup and demolition costs. Taxpayers could also deduct certain brownfield expenditur­es.

Tax-credit programs encouraged commercial recovery and developmen­t through, among other options, an expanded and extended employee retention tax credit. An additional $1 billion in new market tax credit allocation­s among qualified community developmen­t entities encouraged them to make lowincome community investment­s within the GO Zone, and a new category of tax credit bonds was created that could be issued by GO Zone states.

A third category of programs focused on the use of tax-exempt bonds to provide state and local government­s with more flexibilit­y to finance new projects or restructur­e existing debt.

Finally, a fourth category of housing incentives included expanded lowincome housing tax credit allocation­s and the waiver of first-time homebuyer requiremen­ts so that individual­s whose homes were destroyed were able to qualify for special low-interest rate mortgages and to use up to $150,000 of such loan proceeds to repair damaged homes.

States must work together to convince legislator­s

The results of the GO Zone Act of 2005 are undeniable. While the damage caused by that year’s hurricanes was severe, communitie­s in the GO Zone were able to rebound more quickly, create more jobs and generate more economic activity following the influx of private investment dollars and federal tax credits.

Texas, Florida and Puerto Rico needed and continue to need today, similar legislatio­n to help move their recoveries forward. Because the hurricane damage in 2017 (as in 2005) crossed state lines, a federal government response is appropriat­e. Alone, no U.S. state or territory is likely to have the political force to spur legislativ­e action at the federal level. Working together, however, they can persuade our federal legislator­s to establish a framework for investing in and rebuilding their communitie­s.

 ??  ?? STEPHEN MILLER
STEPHEN MILLER

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