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April 10, 2020


State and Local Government Debt and COVID-19


Debt (often in the form of bonds) represents a promise by
the issuer (borrower) to pay interest income to lenders on
the principal (the amount of money borrowed) until that
principal is repaid. In light of the economic downturn
accompanying the COVID-19 outbreak, there are growing
concerns about state and local governments' ability to make
payments on outstanding debt, and general concern about
the fiscal capacity of those governments. The CARES Act
(P.L. 116-136), signed into law on March 27, 2020,
included provisions that may offer fiscal relief to state and
local governments. This In Focus briefly describes the
nature and characteristics of state and local debt issuances
in light of recent economic and legislative developments.

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State and local governments typically issue debt to finance
the construction of capital facilities (e.g., buildings, roads,
and airports). Because capital facilities provide benefits
over a long period of time, debt instruments may allow the
timing of payments to better match those benefits. Debt
may also be used for cash-management purposes, though
the capacity to respond to unexpected budgetary
developments is typically limited.

Unlike the federal government, which has no enforceable
balanced budget restriction, state and local governments
generally must balance their operating budgets every one or
two years. Though debt issuances are typically accounted
for in capital budgets not subject to balanced budget
restrictions, budget shortfalls can force state and local
governments to choose between sudden spending decreases,
tax increases, or breaching contractual payments on debt
issuances (described as being in default). This is one reason
why state and local debt may be perceived as riskier than
federal debt to lenders. For more information, see CRS
Report RL30638, Tax-Exempt Bonds: A Description of
State and Local Government Debt.

The federal government subsidizes the cost of many state
and local bonds by exempting any interest income they earn
from federal income taxation. Certain goods and services,
including capital projects, provided by state or local
governments benefit both residents, who pay local taxes,
and nonresidents, who pay little to no local taxes. Because
state and local taxpayers are unlikely to provide these
services to nonresidents without compensation, certain state
and local services may be underprovided without outside
intervention. In theory, the exemption of interest income
compensates state and local taxpayers for benefits provided
to nonresidents and residents alike, and encourages
increased provision of borrowing-financed projects.

Interest rates vary with the creditworthiness of the
borrower, the terms of repayment, the length of repayment


(or maturity), and general economic conditions. The tax
exemption on interest income lowers the cost of debt for
state and local governments by reducing their interest costs.
All else equal, a lender in the 35% marginal income tax
bracket would be indifferent between a taxable (or
corporate) bond with an interest rate of 5.00% and a tax-
exempt bond with an interest rate of 3.25%, because the
bonds' after-tax income would be identical. State and local
governmental bonds, or those that meet the statutory
definition of having a public purpose, receive this tax
exemption without restriction.

Nongovernmental (or private activity) state and local bonds
also receive a federal tax exemption if they are included in
the statutory list of activities eligible for qualified private
activity bonds. Tax credit bonds, which provided a federal
tax credit or direct payment in lieu of the tax exemption,
were a former alternative to the federal tax exemption for
state and local debt. Authority to issue tax credit bonds was
repealed by P.L. 115-97 (commonly referred to as the
TCJA) beginning in 2018, though some previously issued
tax credit bonds are still outstanding. Current law prohibits
the federal government from providing loan guarantees
(wherein the government assumes responsibility for debt
should the borrower be unable to make payments) on any
tax-exempt bond.


Federal Reserve data indicate that in September 2019, state
and local governments had approximately $3.05 trillion in
outstanding debt. Much of that debt remains outstanding for
several years, as data from the Municipal Securities
Rulemaking Board (MSRB) show state and local
governments issued $0.46 trillion in new debt (roughly 15%
of the total stock) in 2019. Debt instruments finance
projects across a variety of policy areas. MSRB data on
issuances from 2009 through 2018 show significant
resources devoted to education (26% of all debt issued),
transportation (13%), utilities (10%), and health care (8%),
with an additional 31 % in issuances for general purpose
projects (including broad capital improvement initiatives).

Figure 1 (next page) shows the level of combined state and
local government debt recorded in 2017, measured as a
percentage of total annual state and local revenues
(including intergovernmental transfers); in other words, it
shows what those governments owe as a share of their
annual income. Nationwide, state and local government
debt issuances equal 78% of annual revenues, and state
figures range from 20% (Wyoming) to 105% (Texas).
Local governments (98%) generally have a larger ratio of
debt to annual revenues than state governments (46%).
State and local debt is smaller than the federal debt burden


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