Download as pdf or txt
Download as pdf or txt
You are on page 1of 5

By Anthony Flint

MOLLY METZGER DIDN’T PLAN TO BECOME AN EXPERT Team TIF is one example of the scrutiny that
on tax increment financing (TIF), much less lead a TIF is undergoing lately. Municipal leaders say TIF
citizens’ group focused on the issue. But when is one of the most important tools they have to
racial strife in her native St. Louis was brought regenerate urban areas, particularly in postin-
into stark relief by the high-profile shooting of dustrial legacy cities. And they have embraced it
Michael Brown in nearby Ferguson, she felt since it took hold in the 1950s: The United States
compelled to take action. now has at least 10,000 TIF districts across 49
An expert on inequities in housing and states (Merriman et al. 2018). But critics say TIF
economic development, Metzger was increasingly has become little more than a subsidy for the

THE HIDDEN
bothered by the fact that land use policies that private sector, diverting revenue away from
had long been touted for their ability to jump- schools and other important services, and
start development and create economic opportu- contend that many TIF programs are woefully
nity in underserved neighborhoods were doing lacking in transparency.

TIF INOF TIF


neither. The closer she looked, the more she saw The problems are serious enough that several

COSTS
that TIF—which front-loads future property tax grassroots efforts have derailed proposed TIF
revenue to speed up selected projects—seemed districts in recent years, through either the ballot
to benefit neighborhoods that were already box or the courts. Tax increment financing runs
gentrifying and siphoned off funds that should the risk of functioning more like property tax
have gone to public schools. incentives for business—another flawed practice
“Most people don’t want to spend their free that often fails to deliver on promises but
time learning about such a wonky topic,” says remains in widespread use.
Metzger, a professor at the Brown School of Planners and policy makers, however, aren’t
Social Work at Washington University in St. Louis. giving up on TIF. Instead, they are redesigning and
“But the question we are asking now is whether reimagining it, adding provisions to ensure that
we should pump the brakes. If we continue to equity is a consideration, and building in options
incentivize everything, it’s not benefitting the that allow school districts to maintain access to
whole city, and it’s not building the tax base. It’s revenue. Some jurisdictions have experimented
like a lot of political issues—a tiny fraction with community improvement districts (CIDs) as
benefits.” Metzger helped found a group, called a kind of hybrid or alternative framework that
Team TIF, which serves as a watchdog over the corrals both sales tax and property tax revenues
way the city uses this public-finance mechanism. for a given development project.
So far, the group has held public meetings and With participation from the private sector,
produced informational materials to raise cities are also bundling TIF with other financing
public awareness. instruments, such as credit enhancement
agreements or stabilization funds—so much so
that a traditional, stand-alone TIF has become
known as an increasingly rare “naked” TIF.

TRANSITION
”TIF can be viewed as something that will
Reconsidering a Vaunted A TIF district in Fairview, Texas. Credit: Courtesy
save and transform neighborhoods—or
something that will gentrify neighborhoods
Economic Development Tool of Town of Fairview.

and push people out.”

8 LAND LINES OCTOBER 2018 9


HOW TIF WORKS values rise because of the TIF. That money is A new Lincoln Institute
report identifies the Cortex
Tax increment financing began in California, essentially sequestered to support the project’s
Innovation District, a
where authorities created it to help redevelop current financial needs and make it possible. bioscience and technology
urban areas. From there, it rapidly spread across The tax revenue can be used to fund public hub that is one of the largest
TIF-related undertakings in
the country. The Midwest took particular interest, infrastructure, compensate private developers for
the St. Louis area, as a place
with a flurry of TIF activity in Wisconsin, Minne- their investments, or provide collateral where the public-finance
sota, and Illinois through the 1970s and 1980s. for bonds. mechanism worked
relatively well. Credit: Cortex
Missouri enacted TIF legislation in 1982, a full State enabling legislation spells out what TIF
Innovation Community.
three decades after the tool was created, but is supposed to be for—economic development,
wasted no time putting it into action: Today, there environmental remediation, or housing, to name
are 468 TIF districts in 116 municipalities in the just a few purposes. Most TIF use is designed to
state, including 210 in St. Louis County and the address urban blight. Some TIF districts pertain
City of St. Louis—sequestering roughly $2.2 just to one parcel or development site, while
billion in tax revenue (Rittner et al. 2015). others are much larger. (Critics say artificially
Elsewhere, the rush to use the tool has been large districts designed to boost projected
dramatic (see Figure 1). Over the last decade, for revenues are just one of TIF’s many pitfalls.)
example, the number of TIF districts in Iowa grew Although TIF is deployed extensively, it is
from 949 to 3,340 (Collins et al. 2018). poorly understood except by public-finance
So how does TIF work? Typically, a municipal insiders. It is also subject to a wide variation in
government, enabled by state legislation, design and interpretation.
partners with the private sector to designate an “I’ve always been amazed at the way TIF The report reviews the use of tax increment increment financing mushroomed in Chicago to
area as a TIF district, and calculates the amount inflames passions while not being fully under- financing by a range of communities and recom- the point that $660 million—nearly a third of all
of property tax revenue that the project will stood,” said David Merriman, professor at the mends policies to improve TIF use. “It can be property taxes in the city—was earmarked for TIF
generate for the next 10 to 20 years or more. This University of Illinois at Chicago, who spent two viewed as something that will save and transform districts, effectively shielding the money from
projected revenue typically includes taxes on the years scouring the nation to produce the Lincoln neighborhoods—or something that will gentrify standard oversight by elected officials. Local
project itself, as well as expected tax increases Institute report Improving Tax Increment Financing neighborhoods and push people out.” journalists showed how the mechanism effec-
on other properties in the district as assessed (TIF) for Economic Development (Merriman 2018). Researching TIF from coast to coast, Merriman tively became a kind of slush fund for favored
found plenty of instances where the mechanism projects. Mayor Rahm Emanuel commissioned a
worked well, such as the Cortex Innovation District task force that recommended reforms, but
in St. Louis, a hub of bioscience and technology, change may be slow to come given that dozens of
Figure 1 which was built primarily on land left vacant by TIF districts in the city are not even halfway
TIFs by State WA
ME
483
abandoned manufacturing enterprises from a through their duration.
38
MT ND VT
previous era. In other cases, the use of the Merriman found that a relatively simple set of
48 9 NH (32)
OR
50
MN NY instrument led to major divisions. The fight over steps would foster transparency and benefit
0 - 100 1,719 2 MA (2)
244 WI
ID SD 1,241 MI
CT (4) tax increment financing associated with Atlanta’s virtually every use of TIF in Chicago and beyond.
78 172 RI (5)
634
100 - 500 WY
10
PA
100 NJ (49)
Beltline was supercharged by concern about In Improving Tax Increment Financing (TIF) for
IA
NV
NE 3,340 IN OH DE (0) gentrification, issues of racial and income equity, Economic Development, Merriman recommends
500 - 1000 22
828 IL 700+ 1,278
WV
MD (28)
VA
UT
CO
1,238
31 9
and the diversion of tax revenue from schools. that states carefully track and monitor TIF use.
84 MO KY
1000+ CA 140 KS
468 23 Like tax incentives for business location, TIF Model programs can be found in Wisconsin and
11 NC
743 3
TN
29
can trigger bidding wars between jurisdictions Illinois, where state agencies track and report on
OK SC
AZ
N/A
NM 48 AK
9 GA
17 competing for development. Free-market and total property tax revenues going to TIF districts,
16 MS AL
25 10
64
libertarian groups have joined progressives in local governments are required to report detailed
TX LA
9
opposing TIF because it empowers governments information related to revenues and their tax
1,378

AK: 1 HI: 0
FL
222
to pick winners and losers. base, and nearly everything is published in online
The biggest problem associated with TIF over databases. All local governments would be well
the last two decades is the lack of transparency, advised to provide extensive, easily accessible
Merriman concluded. Embraced with zeal by information about TIF use, revenues, and
Note: This map relies on data from Improving Tax Increment Financing (TIF) for Economic Development, Lincoln Institute of Land Policy. former Chicago Mayor Richard M. Daley, tax expenditures, he says. And researchers can do
https://www.lincolninst.edu/publications/policy-focus-reports/improving-tax-increment-financing-tif-economic-development.

10 LAND LINES OCTOBER 2018 11


their part by studying and documenting the AN EVOLVING TOOL
different outcomes of TIF in a wide variety of are- In many respects, change is already underway. TAX INCREMENT FINANCING VERSUS LAND VALUE CAPTURE
as. To date, academic studies of TIF show mixed TIF is rapidly evolving, as policy makers take
results but do not clearly explain the causes of notice of the problems.
this variation, according to the report. California, arguably where it all began, is once It may seem like the public-finance equivalent of
States should allow counties, school again a leader in reimagining the financing of angels on a pin, but there is a difference between
districts, and other overlying local governments urban redevelopment and associated infrastruc- tax increment financing and land value capture.
to opt out of TIF, the report says. They should ture. Cities and towns in the Golden State once The two policies have been conflated of late,
also confront the phenomenon known as “but relied heavily on TIF, which was administrated adding to some misapprehension about how urban
for”—a loose interpretation of proof that a through hundreds of quasi-public redevelopment redevelopment is funded.
proposed TIF development would not occur “but authorities and ushered in more than $50 billion In a TIF district, development is financed by
for” the establishment of a TIF district. over the years for infrastructure and other calculating the property tax revenue the project
The “but for” clause may have outlived its development costs. In 2012, Governor Jerry will generate over a defined time period—for
already limited usefulness. “It’s hard to demon- Brown discontinued the practice due to concerns example, 20 years in the future. That money is
strate conclusively [that a development would about growing debt. effectively plowed into making the development
not have occurred ‘but for’ the TIF], so nothing But like a pruned branch growing back, a new happen in the first place, in a kind of front-loading
ever gets shot down. There should be a better mechanism evolved in 2015 for cities, counties, process. This anticipated future revenue is
hurdle for bad projects,” said Merriman. “It would and special districts in California: the Enhanced calculated by projecting what land and property
be better to have something more concrete—to Infrastructure Finance District, which allows the owners would pay, under whatever local property
talk about a project filling 10 percent of the gap, issuance of TIF bonds under specific circum- tax system is in place, based on assessed value.
for example.” stances, with thresholds built in for voter Land value capture, on the other hand, allows
approval. The money can be used for public communities to recover and reinvest land value
works, transportation, parks, libraries, and water increases that result from public investment and
Crowds in Chicago celebrate the opening of the Bloomingdale
and sewer facilities—with an emphasis on government actions, such as a new subway line or
Trail and Park, which was partially funded through TIF. Credit:
sustainable community goals under California’s a rezoning. The increases, also known as the land Charles Carper/Flickr CC BY 2.0.
landmark climate legislation. value increment, are measured to reflect the
impact of those public actions, whether infra-
Research suggests that TIF often displaces economic activity that would have happened anyway in economically vibrant areas. In structure or a new park or an expanded building captures no more of the value created by public
Kansas City, Missouri, eight times as many TIF deals were approved in low-poverty areas such as Country Club Plaza (left) than in
envelope. The revenues from that calculation can investments in a TIF district than it would
areas like East Kansas City (right), with poverty rates above 30 percent. Credit: Eric Bowers.
be used for a range of improvements for more without the TIF district. In fact, he says, “if some
equitable urban development, such as affordable TIF revenues are used to subsidize private
housing and infrastructure. activity, as is the usual case, TIF is more properly
It is true that a well-functioning property tax a device that ‘transfers’ value to, rather than
system will reflect increases in land value, ‘captures’ value from, the private sector.”
including those driven by public investments. But Land value capture instruments include
property tax revenue typically goes into a general betterment contributions, special assessments,
fund, rather than toward the infrastructure that is charges for building rights, exactions, and impact
triggering the increase in value. There are also or linkage fees, to name a few. On the surface, TIF
limits and restrictions on increases in the property districts seem similar, in part because of the
tax in many jurisdictions. Further, value capture targeted and self-contained character of the
purists argue that the increases in value attribut- mechanism. In the future, tax increment financ-
ed to public investment belong to the public; a ing and land value capture might possibly be
portion is simply being recovered. combined, through an extra surcharge or other
As David Merriman writes in the Lincoln special assessment. But for now, largely because
Institute report Improving Tax Increment Financing the approaches are based on different underly-
(TIF) for Economic Development, the public ing concepts, they are not equivalent. —AEF

12 LAND LINES OCTOBER 2018 13


In structuring many bundled deals, the aim is Despite amendments to enabling legislation,
to require the private-sector developer or the “but for” and blight provisions remain
landowner to put cash in a kind of escrow account stubbornly fungible in many cases. These tests
until the TIF revenues provide enough coverage. and thresholds can be easily manipulated, as
Layering in a special assessment, credit enhance- both eager politicians and developers engage in
ment, or stabilization fund helps minimize the risk the marketing of project proposals. Few guide-
Residents of Stillwater, period at the outset and further leverages the lines compel consideration of income inequality
Oklahoma, gathered
incremental revenues, Metzler said. This kind of and demographic factors or otherwise ensure that
signatures this summer in
an effort to bring their bundling has become so common that “we refer to tax increment financing happens in the areas that
community’s proposed TIF TIF alone as a naked TIF,” she said. truly need a boost—rather than in neighborhoods
district to a public vote.
It’s not surprising that tax increment financ- that have already turned the corner.
Credit: Michelle Charles/
Stillwater News Press. ing would become contentious in so many cases, Some well-intentioned changes have
Metzler said. “We’re asking to take incremental produced unintended consequences. After
revenues that otherwise would go into the Illinois rewrote the rules to allow school districts
general fund. Any time you do that, it’s a public to opt out of TIF districts and become eligible for
process. That process has become significantly state aid, the mayor of Naperville, Illinois, just
more important. It used to be, you would go to a outside of Chicago, brazenly suggested making
couple of council hearings and it would be done the entire city a TIF district to collect additional
in four months. Now it is a full branding of the revenue to cover school funding.
project, with a lot of public outreach, to make Throughout, TIF has proven too great a
sure the public is behind you, and it takes at least temptation for elected officials focused on
a year.” economic development. Lawmakers in Kentucky
Not all modifications are greeted with equal responded to one troubled TIF district by
Enhanced Infrastructure Finance Districts Wisconsin created special zones for electronics enthusiasm. In some communities, the change authorizing the extension of its duration from 23
are also prioritized for “the acquisition, con- and information technology manufacturing can’t come fast enough. Some are skeptical that to 45 years. In the closing days of the legislative
struction, or rehabilitation of housing for where TIF can be used. In the courts, some the bundling approach is merely adding on to a session in Rhode Island this year, state leaders
persons of low and moderate income.” Proposed projects have been derailed by legal challenges, baseline of already generous incentives, and approved tax increment financing for the seaside
projects thus far are in a larger catchment area but the judiciary has thus far generally backed alternatives such as community improvement towns of Middletown and Newport; the deal for
than a typical TIF district, theoretically enabling the practice. This year, the Wisconsin Supreme districts haven’t fared particularly well. the latter included a hotel and retail space for
more components of a given urban neighborhood Court upheld the use of TIF revenue to provide The state auditor in Missouri, Nicole Gallo- this popular tourist destination. They also
to benefit. cash grants to developers for project costs way, recently issued a report critical of communi- unhesitatingly passed a stadium financing
Recent activities in state legislatures across (Collins et al. 2018). ty improvement districts as an alternative to TIF, package that included TIF to try to keep the
the country, as well as a handful of court rulings, TIF is also increasingly being bundled with citing one instance where the only beneficiary of minor league Red Sox team in Pawtucket. This
have resulted in extensive TIF reforms. Since other supporting finance mechanisms, such as redirected sales tax revenue was a Starbucks. summer, the team agreed to relocate to Worces-
2017, nine states have passed substantive credit enhancement agreements, up-front With 80 percent of CID boards controlled by ter, Massachusetts—which provided an even
legislation to change TIF, according to the special assessment levies, or reserve or contin- developers, “spending decisions are made by the bigger bundle of incentives including a TIF
Lincoln Institute database Significant Features gency funds to help buttress and safeguard owners and developers who stand to gain the district for the downtown where a new stadium
of the Property Tax. The adjustments focus on deals, minimizing risk to the public sector. most from the districts’ tax collections,” she said. is envisioned.
three areas identified in Merriman’s report: “There’s a lot of pressure on municipalities,
protecting school funding, calibrating the and they’re getting smarter about the tools in
“but for” and blight provisions, and requiring their toolbox,” said Emily Metzler, senior vice “We’re asking to take incremental revenues that otherwise would go into
transparency. president of MuniCap, a Columbia, Maryland–
North Dakota, Colorado, Montana, and based firm that specializes in tax increment and
the general fund. Any time you do that, it’s a public process. That process
Kansas all amended their statutes to exempt special assessment financing. “We’ve seen an has become significantly more important.”
school districts from TIF. Minnesota expanded uptick in TIF use, but [also] greater understanding
TIF eligibility to cover workforce housing, and about how to best use TIF in the capital stack.”

14 LAND LINES OCTOBER 2018 15


END IT OR MEND IT? The good news is, flaws in TIF policy are REFERENCES
Cities may well be at a crossroads on TIF— prompting innovation and creativity. Portland,
namely, whether to end it or mend it. Maine—an increasingly hot-market city—has
Joan Youngman, director of the Department been modifying TIF to achieve more targeted Better Together St. Louis. 2018. “Tax Increment Financing Lincoln Institute of Land Policy. “Significant Features of
of Valuation and Taxation and a senior fellow at urban planning goals. As explained by planning Map.” www.bettertogetherstl.com/tax-incremental- the Property Tax Database.” https://www.lincolninst.edu/
the Lincoln Institute, said there are clear steps director Jeff Levine, new state enabling legisla- financing-map. research-data/data/significant-features-property-taxr.

cities and states can take now to improve the tion paves the way for cities to use a general TIF Burton, Paul. 2018. “PawSox on Deck After Rhode Island Merriman, David. 2018. Improving Tax Increment Financing
performance of TIF. As tempting as it might be to for credit enhancement or public infrastructure Lawmakers OK Stadium Bond Deal.” The Bond Buyer, June (TIF) for Economic Development. Cambridge, Massachu-
stick with something familiar, those seeking anywhere within their boundaries, up to 5 25. https://www.bondbuyer.com/news/rhode-island- setts: Lincoln Institute of Land Policy. https://www.
more equitable development might consider percent of the urban area, but there is no limit if lawmakers-ok-tif-backed-stadium-bond-deal. lincolninst.edu/publications/policy-focus-reports/
improving-tax-increment-financing-tif-economic-
skipping TIF and developing alternative tools for the activity is within a defined downtown. Transit Collins, Catherine, Daphne A. Kenyon, Andrew Rescho-
development.
financing infrastructure, affordable housing, and Oriented Development TIF can be used to fund vsky, Bethany Paquin, and Lars Arnesen. 2018. “Property
economic development. transit operations in the area and can be Tax Developments, 2017–2018.” State Tax Notes, Merriman, David, Di Qiao, and Tianshu Zhao. 2018.
Merriman agrees, but added: “Economic combined with other TIF types. And an Affordable September 24. https://www.taxnotes.com/state- “Evidence About State by State Use of Tax Increment

development is viewed as the most important Housing TIF can be used to help fund any tax-notes/charitable-giving/property-tax-developments- Financing.” State Tax Notes, June 4. https://www.taxnotes.
2017-2018/2018/09/24/28cwf. com/state-tax-today/property-taxation/evidence-about-
thing a city can do. It’s not a giveaway. You pay housing on a parcel or series of parcels as long
state-state-use-tax-increment-financing/2018/06/
the same taxes you would pay without the TIF. as at least a third of the housing in the area is Day, Linda. 2016. “A New Financing Tool for California:
20/2801z.
And it requires a tangible, up-front plan. At the affordable at 120 percent of area median income, Enhanced Infrastructure Finance Districts.” Planetizen,
same time, we have to keep a careful watch on it with deed restrictions. August 31. https://www.planetizen.com/node/88347/ Metzger, Molly. 2016. “What is TIF?” Digital presentation
new-financing-tool-california-enhanced-infrastructure- slides. Team TIF St. Louis (website). www.teamtifstl.com/
and understand the way it can be abused.” In Portland, TIF is tailored to meet broader
finance-districts. resources/what-is-tif-presentation/.
policy goals and frequently combined with other
tools, such as historic or housing tax credits. The Doyle, Megan. 2018. “Portland Council Approves Tax Providence Business News. 2018. “Commerce RI Approves
overall result is a more intentional framework for Breaks for Senior and Low-Income Housing Projects.” TIF for Newport Hotel, 2 Innovation Vouchers and an
Portland Press Herald, July 16. https://www.pressherald. Industry Cluster Grant.” July 27. https://pbn.com/
regeneration and development rather than the
com/2018/07/16/council-approves-tax-breaks-for- commerce-ri-approves-tif-for-newport-hotel-2-
ad-hoc approach used elsewhere, often fueled by
senior-and-low-income-housing-projects/. innovation-vouchers-and-an-industry-cluster-grant-2/.
a sense of desperation.
The way cities approach redevelopment “has East-West Gateway Council of Governments. 2016. “The Rittner, Toby, Jason Rittenberg, and Sam Stouffer. 2015.

a lot to do with the self-esteem of the city,” said Use of Development Incentives in the St. Louis Region.” Tax Increment Finance State-By-State Report: An Analysis
November 2016 update to An Assessment of the of Trends in State TIF Statutes. Columbus, Ohio: Council of
Metzger. And it’s not just St. Louis she’s thinking
Effectiveness and Fiscal Impacts of the Use of Develop- Development Finance Agencies. https://www.cdfa.net/
about. A more coordinated plan that focuses on
ment Incentives in the St. Louis Region, 2011. https:// cdfa/cdfaweb.nsf/ordredirect.html?open&id=201601-
income inequality and affordable housing would
www.ewgateway.org/wp-content/uploads/2017/08/ TIF-State-By-State.html.
help anywhere, she said—as long as govern- DevIncentivesRpt-2016.pdf.
Rivas, Rebecca. 2018. “State Auditor Releases Scathing
ments invite the citizenry to participate.
Hegarty, Erin. 2018. “Naperville Mayor Suggests ‘Major’ Report on Community Improvement Districts.” The St.
“We have spelled out an agenda for transpar-
Special Taxing District to Push Lawmakers into TIF Louis American, August 23. www.stlamerican.com/news/
ency and racial equity, and we have the data and
Reform.” Naperville Sun, August 7. www.chicagotribune. local_news/state-auditor-releases-scathing-report-
mapping to back it up,” she said.
com/suburbs/naperville-sun/news/ct-nvs-mayor- on-community-improvement-districts/article_
“We’re trying to keep shining the light.” chirco-naperville-tif-district-st-0808-story.html. 4eb61d5c-a727-11e8-9097-eb8be7fee21b.html.

Kotsopoulos, Nick. 2018. “Tax Incentives Key for PawSox Schoenherr, Neil. 2018. “Incentive Reform Key to Racial
Stadium, Land Development in Worcester.” Telegram & Equity in America’s Cities.” The Source. Washington
Gazette, August 19. www.telegram.com/news/20180819/ University in St. Louis, February 19. https://source.wustl.
Anthony Flint is a senior fellow at the Lincoln Institute
tax-incentives-key-for-pawsox-stadium-land- edu/2018/02/incentive-reform-key-racial-equity-
of Land Policy. development-in-worcester. americas-cities/.

Dr. Molly Metzger of Washington University in St. Louis delivers a


presentation on TIF inequities. Credit: Ethical Society of St. Louis.

16 LAND LINES OCTOBER 2018 17

You might also like