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Fitch Rates Oregon DOT's $582MM Highway Subordinate Lien Revs 'AA-'; Outlook Stable

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NEW YORK - (BUSINESS WIRE) - Fitch Ratings assigns an 'AA-' rating to the following State of Oregon Department of Transportation (ODOT) highway user tax revenue bonds:

--Approximately $560.3 million subordinate lien bonds, series 2010A (Federally Taxable Build America Bonds);

--Approximately $21.995 million subordinate lien bonds, series 2010B.

The bonds are expected to sell during the week of March 29 via negotiation.

In addition, Fitch affirms the following ratings:

--Approximately $1.4 billion in outstanding ODOT senior lien highway user tax revenue bonds at 'AA';

--Approximately $265.3 million in outstanding ODOT subordinate lien highway user tax revenue bonds at 'AA-'.

The Rating Outlook is Stable.

RATING RATIONALE:

--Highway user taxes, including the gas tax, are constitutionally dedicated for highway purposes, although pledged revenues and apportionments thereof are subject to legislative changes and voter initiatives.

--The state of Oregon has pledged to bondholders a first lien on dedicated revenues, according to senior or subordinate status.

--Coverage levels, once exceptionally strong, have declined as additional bonds were authorized. Issuance of additional senior and subordinate bonds requires 3 times (x) and 2x coverage, respectively.

--ODOT is closely integrated in the state's central capital and financial planning process.

KEY RATING DRIVERS:

--Significant changes in projected coverage levels;

--Significant changes to the revenue pledge or the apportionment thereof.

SECURITY:

--Senior lien bonds are secured with a parity first lien on specific highway use taxes and fees deposited in the state highway fund, net of administration and collection costs, and statutorily determined city and county apportionments to fund local transportation projects.

--Subordinate lien bonds are secured by the pledged revenues on a subordinate, junior and inferior basis to the Senior Lien bonds.

CREDIT SUMMARY:

The 'AA' rating on the senior lien bonds reflects the constitutionally dedicated revenues for highway purposes, a strong 3x additional bonds test (ABT), as well as the department's integration in the state's capital and financial planning process. The 'AA-' rating on the subordinate debt reflects the junior pledge to the senior bonds. Further, additional subordinate bond leveraging is limited by a satisfactory 2x ABT. Credit concerns reflect pledged revenues and apportionments being subject to legislative changes, as well as continued exposure to revenue restraining voter initiatives.

Providing security for the bonds are various liens on specific highway use taxes and fees deposited in the state highway fund, net of administration and collection costs, and statutorily determined city/county apportionments to fund local transportation projects. Statutory reductions for administrative costs totaled $140.3 million in fiscal 2009. Additionally, some $125 million of collected revenues was statutorily set aside for the Oregon Transportation Investment Act (OTIA), totaling approximately $32.3 million for OTIA I and II and approximately $92.8 million for OTIA III. The OTIA I and II amounts are not credited to the state highway fund or localities for distribution under apportionment formulas until debt service is met. Any excess not required for debt service on OTIA bonds is distributed by formula to the state, counties and cities.

Total highway fund revenues in fiscal 2009 were $819.3 million, of which 49% was derived from motor fuels taxes, 29% motor carrier (including weight-mile taxes) and 22% from motor vehicles license, registration and other fees. Fiscal 2009 highway fund revenues declined by a significant 6.9% from fiscal 2008 due to the recession. After all statutory reductions, set asides and adjustments, fiscal 2009 pledged revenues were 55% of total highway fund revenues, equal to $447.3 million. Fiscal 2009 pledged revenues covered senior lien annual debt service by 5.1x and aggregate debt service by 4.6x.

Oregon's highway improvement program has expanded from the initial $500 million program begun in 2001 with OTIA I and OTIA II, constructed through DOT and local government partnerships. In 2003, the state expanded the breadth of this program with the $1.9 billion OTIA III authorization for bridge improvement with the state and a private vendor contract. The master bond declaration was modernized in 2006, providing for issuance of subordinated debt with a 2x additional bonds test as well as a mechanism permitting the inclusion of federal funds among pledged revenues, although federal funds are not currently pledged for bond repayment. The remaining $582 million of capacity under the OTIA III program will be exhausted with the issuance of the series 2010A and 2010B bonds. Oregon's legislature has recently passed the Jobs and Transportation Act (JTA) with $840M highway user tax revenue bond capacity supported by increases in currently pledged revenues. Fitch notes that an expected master declaration modification will pledge any subsidy related to Build America Bonds (BABs) as pledged revenue for all purposes except the calculation of the subordinate lien ABT where such subsidy will be treated as a debt service offset. Effectively, this exception maximizes issuance capacity on the subordinate lien.

To support additional debt authorizations, certain fees and revenues were increased. However, coverage ratios fell from the once extraordinary levels in excess of 70x with the initial issue in 2000 to 5x-7x after the first OTIA III issue in June 2004. Estimated debt service coverage by projected fiscal 2014 revenues, assuming $600M of the $840M JTA authorization is issued, excluding the BABs subsidy, would be 4.7x for senior bonds and 3.3x for subordinate bonds. Including the BABs subsidy as a revenue increases senior and subordinate coverage slightly, to 4.8x and 3.4x, respectively.

Applicable criteria available on Fitch's web site at 'www.fitchratings.com':

--'Tax-Supported Rating Criteria', dated Dec. 21, 2009.

--'U.S. State Government Tax-Supported Rating Criteria', dated Dec. 28, 2009.

Additional information is available at 'www.fitchratings.com'.

ALL FITCH CREDIT RATINGS ARE SUBJECT TO CERTAIN LIMITATIONS AND DISCLAIMERS. PLEASE READ THESE LIMITATIONS AND DISCLAIMERS BY FOLLOWING THIS LINK: HTTP://FITCHRATINGS.COM/UNDERSTANDINGCREDITRATINGS. IN ADDITION, RATING DEFINITIONS AND THE TERMS OF USE OF SUCH RATINGS ARE AVAILABLE ON THE AGENCY'S PUBLIC WEBSITE 'WWW.FITCHRATINGS.COM'. PUBLISHED RATINGS, CRITERIA AND METHODOLOGIES ARE AVAILABLE FROM THIS SITE AT ALL TIMES. FITCH'S CODE OF CONDUCT, CONFIDENTIALITY, CONFLICTS OF INTEREST, AFFILIATE FIREWALL, COMPLIANCE AND OTHER RELEVANT POLICIES AND PROCEDURES ARE ALSO AVAILABLE FROM THE 'CODE OF CONDUCT' SECTION OF THIS SITE.

Fitch Ratings
Kenneth T. Weinstein, +1-212-908-0571 (New York)
Amy Doppelt, +1-415-732-5612 (San Francisco)
Cindy Stoller, +1-212-908-0526 (Media Relations, New York)
cindy.stoller@fitchratings.com


 
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