On 29 June 2015, the governor of Puerto Rico, Alejandro García Padilla, announced the formation of a Working Group that will seek a final and sustainable solution to the territory’s well-publicised financial problems by the end of August. Discussions between the government and bondholders of in coming weeks will focus on four issues: government revenues, government expenses, structural reforms and a major debt restructuring. Among much else, the government will be seeking changes to the US Bankruptcy Code that will allow it to seek Chapter 9 protection – like municipalities in the US.
Towards the end of June 2015, Governor García Padilla openly recognised that the government of Puerto Rico, and its various agencies, will not be able to repay its outstanding debt. The debt amounts to around US$72bn, or roughly 100% of GDP: one third of the total corresponds to borrowings by public corporations such as the Puerto Rico Electric Power Authority (PREPA). In a state address on 29 June, the governor discussed how a lasting solution to the well-documented economic and financial problems of Puerto Rico might be achieved.
Part of that solution, in the governor’s view, should be provided by lawmakers in Washington DC. “Puerto Rico today is in a situation which is no different to that of New York City and Detroit some years ago. The success of New York City and Detroit came from an alignment of wills. All sectors – the unions, the governments, the banks, the bondholders and the men and women in the street – shared in the sacrifices, and now they share in the prosperity. The alternative – which is unacceptable in Puerto Rico – is that we continue to share in the crisis.”
The governor also announced the formation of a ‘Working Group for the Economic Recovery of Puerto Rico’, which is charged with reporting to the government by the end of August. The Working Group comprises the governor’s chief of staff, Victor Suárez Meléndez, the treasury secretary (and president of the Government Development Bank of Puerto Rico [GDB]), Melba Acosta Febo, the justice secretary, César Miranda Rodríguez, the senate president, Eduardo Bhatia Gautier, and the speaker of the house of representatives, Jaime Perelló Borrás. Separately, the GDB’s chairman, David H. Chafey Jr., announced his resignation, just six months into a two-year term, and Governor García Padilla announced the appointment of three new directors to that institution. The new directors replace three others, whose terms had been due to expire in September this year.
The government and the Working Group have sought help from external advisers. Citigroup will act as the lead broker-dealer in relation to potential liability management transactions. Millstein & Co. will act as restructuring adviser. Cleary Gottlieb Steen & Hamilton LLP will act as legal counsel. On 6 July, the GDP appointed Public Financial Management Inc. (PFM) as Independent Registered Municipal Adviser. PFM has a wide-ranging mandate, which is valid to the end of June 2016, to advise the GDB on capital financing transactions.
The Working Group’s mission includes several objectives:
- Design of a plan that will ensure the balancing of government-wide budgets over the next five years;
- Making of additional proposals to diversify Puerto Rico’s economy and to improve competitiveness;
- Promotion of private-public partnerships that build on the success of the Teodoro Moscoso bridge, the Luis Muñoz Marín international airport and Highway PR-22;
- Promotion of fiscal and economic reforms that promote economic development (including changes to labour and welfare laws);
- Tax reforms, including changes to Puerto Rico’s corporate and property tax regimes, and;
- Implementation of additional expenditure cuts.
The Working Group’s plan will also seek to ensure that “the aggregate debt burden of the Commonwealth is adjusted so it can be repaid on sustainable terms while ensuring pension obligations are honoured over the long term and essential services for the people of Puerto Rico are maintained”. Finally, the Working Group is charged with creating an apolitical Fiscal Oversight Board, which will guarantee the government’s meeting of its commitments through the adjustment process.
A clear indication of what the Working Group’s plan will include was provided in a presentation in New York City on 13 July of a report by Dr Anne Krueger, a former First Deputy Managing Director of the International Monetary Fund (IMF), Dr Ranjit Teja, a Deputy Director with the IMF, and American University Professor Andrew Wolfe[1]. The overall challenge is to extract Puerto Rico from a vicious cycle of debt and stagnation (see below).
The report argues that a reduction of the fiscal deficit must go hand in hand with the removal of structural obstacles to growth. Reduction of the fiscal deficit involves both changes to revenues and expenses. The authors believe that, if accompanied by structural reforms, their proposed measures could produce fiscal balance for Puerto Rico by 2020. In relation to revenues, the authors suggest: a revamping of property taxes, which are based on 1954 valuations, an end to tax amnesties and exemptions and higher sales tax.
In relation to expenses, the authors think that there is scope for the government to cut outgoings by up to US$2bn annually by Fiscal Year (FY) June 2020, with further savings by FY June 2025 year. Freezing spending in real terms and renewing the Government Fiscal & Operational Sustainability Act (No. 66 of 2014) alone would save an estimated US$1bn annually. However, there is a possibility that the Act, which enables the government to change contracts and to restrict legal judgements against it, will be challenged in US courts as being unconstitutional. The authors also argue for a reduction in the teacher-student ratio in Puerto Rico’s schools and a saving of around US$500m annually from a reduction of the subsidy to the University of Puerto Rico. A reduction in Medicaid benefits could also save an estimated US$150m each year.
Structural reform includes changes on many fronts. In particular, the report suggests that the government should try to reduce disincentives to the hiring of workers by securing a relaxation in the Federal minimum wage. It should also seek a downwards revision to federal welfare payments – which are more generous relative to the (low) incomes in Puerto Rico than they are in the rest of the US. A Federal law which places Puerto Rico at a disadvantage relative to other island nations in the Caribbean is the Jones Act (the Merchant Marine Act of 1920, as amended), which requires that all seaborne trade with the territory be carried out by US flagged and crewed vessels. The government could also seek an exemption from this. Finally, it could cut red tape, widely considered as challenging for businesses operating locally.
Crucially, Krueger, Teja and Wolfe argue for debt relief for the Puerto Rican government and its agencies. This could involve an extension of debt maturities and/or lower interest payments. “To achieve this, bondholders would need to be convinced that relief would support reforms that would result in a larger return than continuing on the present path,” they note. They also note that discussions would need to be coordinated with holders of the government’s General Obligations and holders of government agencies’ bonds.
Like the governor, the authors note that it would be helpful if Puerto Rico were covered by Chapter 9 of the US Bankruptcy Code, which covers municipal governments. This would require a change to the law by the US Congress. Whether or not such a change would be supported by powerful stakeholders remains to be seen. To the extent that creditors have greater protection under the Bankruptcy Code than they do in the current, rather uncertain situation, they should support the extension of Chapter 9 to the government of Puerto Rico and its agencies. In early July 2015, legal action by Franklin Templeton Investments, OppenheimerFunds and Blue Mountain Capital Management – which collectively own around US$2bn in bonds issued by PREPA,[2] resulted in a ruling that Puerto Rico’s own Recovery Act was unconstitutional. The Recovery Act had been passed in 2014 in order to facilitate restructuring by financially distressed municipalities in the territory. The three investment firms had been concerned that they would be disadvantaged if they ever had to engage in debt restructuring negotiations with PREPA. Under Chapter 9, they would have been in a stronger position.
Over the coming weeks, it is likely that all parties – the government and its agencies, Federal politicians and the bondholders – will raise additional proposals and counter-proposals. At this stage, it seems reasonable to expect that legislative change in Washington DC will extend Chapter 9 to the government of Puerto Rico and its agencies. This would strengthen the positions of the creditor and would make it easier for the Working Group to execute a plan along the lines proposed by Krueger, Teja and Wolfe. It would also reduce the risk of a disruptive default, an exacerbation of the vicious cycle; and a further wave of emigration from Puerto Rico to mainland US.
The vicious cycle of debt and stagnation
The recent report published by Krueger, Teja and Wolfe explains how Puerto Rico has long been in a vicious cycle of mounting debt and economic stagnation.
The Commonwealth of Puerto Rico is an unincorporated territory of the US. Its people are U.S. citizens, and have the right to live and work in the rest of the country. However, they are not liable to pay US federal taxes unless they work for the federal government. Income from bonds issued by the government of Puerto Rico, the GDB (its fiscal agent) or its agencies are not subject to federal or Puerto Rican income taxes. They have therefore long appealed to investors in the estimated US$3.7trn US municipal bond market[3].
In recent years, the mounting financial problems in Puerto Rico have been reflected in mounting yields on the bonds. Yields on the benchmark government General Obligations (GO) and the power utility PREPA stood at about 5% in mid-2013. At that time, yields on bonds of the GDB were around 6%. By April this year, the yields on the GOs were about 10%, while the yields on PREPA and GDB bonds stood at about 14% and 15% respectively. The major ratings agencies downgraded the government of Puerto Rico to below Investment Grade in early 2014.
As the report notes, it is very unusual for any government to establish fiscal sustainability when economic growth is low. This is because low growth restricts revenues and increased debt ratios. Puerto Rico’s economy has actually been contracting for nearly a decade, which, as the authors note, ‘is remarkable for an economy suffering neither civil strife nor overt financial crisis.’
The fall in activity has been due to both structural and cyclical problems. Falling house prices have been a major reason for a drop in investment of 10 percentage points of GDP over the decade to June 2014. The deterioration of the economy and the local housing market has been accentuated by the problems in the banking sector, and vice versa. Bank assets have been reduced by around one third since 2005. The doubling of the oil price over the seven years to 2012 represented a sharp deterioration in the terms of trade given that the territory is dependent on imports for almost all power generation.
The failure of Puerto Rico’s economy to participate in the solid recovery of the US economy since 2010 suggests that the territory suffers from a serious competitiveness problem. The World Economic Forum’s Global Competitiveness Report for 2014-15 rates Puerto Rico as being the 32nd most competitive economy, out of 144. This is a respectable outcome by the standards of Latin America and the Caribbean (with Chile in 33rd position) but a challenge given that the rest of the US is in third position. The businesses surveyed by the World Economic Forum reported that inefficient government bureaucracy; restrictive labour regulations, tax regulations and tax rates are the biggest difficulties that they face in Puerto Rico.
Other data validates these concerns. Krueger, Teja and Wolfe note that only 40% of adults in Puerto Rico are in the workforce (versus 63% in the US). This is partly because the Federal minimum wage is high (77% of per capita income versus 28% in the US) and applies to a greater number of workers (28% of hourly workers versus 3%). It is also because the local regulations that govern overtime, paid vacations and dismissal are more onerous than they are in the US.
In addition, generosity of the welfare system is a disincentive to find work. According to one estimate cited by the authors, a family of three who are eligible for food stamps, Aid to Families with Dependent Children, Medicaid and utilities subsidies could receive US$1,743 per month: a worker on the minimum wage would take home monthly pay of US$1,149.
The combination of diminished opportunities at home and freedom of movement to the rest of the US have contributed to large-scale emigration. The total population of Puerto Rico fell for the first time in 2006, and has since dropped from over 3.8m to around 3.5m now.
Other challenges include expensive energy costs, because of the inefficiency of PREPA and high transportation costs. Again, the transport costs are due partly to the aforementioned Jones Act.
These problems are reflected in the industrial structure of Puerto Rico. The relatively high cost of unskilled labour has constrained the development of tourism – a sector where the territory should have a competitive advantage – the number of hotel beds is about the same as in the 1970s. High transport costs have forced players in the manufacturing sector to focus on high-value and capital-intensive areas such as software and pharmaceuticals.
The weakness of the economy has hit the government’s revenues, even as it has offered tax breaks to attract businesses to Puerto Rico. Krueger, Teja and Wolfe note that tax revenues have fallen from 15% of GNP prior to 2006 to around 12% now. Revenue projections have tended to be optimistic, while the Office of Budget Management has had little power to enforce spending cuts.
Persistent deficits have caused public sector debt to rise from 62.2% of GNP in the (June) 2000 fiscal year to 71.2% in the 2005 fiscal year to 90.9% in the 2010 fiscal year to just over 100% now. In the meantime, deficits are also being posted by PREPA, the Puerto Rico Aqueduct and Sewer Authority (PRASA), the Highway & Transportation Authority (HTA), as well as the pension schemes for government workers (ERS) and teachers and judicial workers (TRS). The combined deficits were around 5% of GNP in the fiscal year to June 2014.
In addition, the authors highlight a long history of non-transparency and statistics that are dated or otherwise unreliable.
Why Puerto Rico is not Greece
It is reasonable to ask whether the crisis in Greece offers pointers for the situation in Puerto Rico. In both cases, the governments of relatively small entities of very large (and rich) polities have found themselves in financial problems as a result of structural and cyclical problems. In neither case do the governments have control of monetary policy.
However, the differences matter more. Greece’s government debt is a lot larger in absolute terms and relative to GDP than that of the government of Puerto Rico (and its agencies). Greece’s population was growing until 2009 (when it reached 11.19m, according to the IMF) and has since been falling (to 10.98m in 2015). The implication is that net emigration from Greece has been evolving a lot more slowly than the movement of people out of Puerto Rico.
The original (2010) bailout of Greece’s government was undertaken to prevent contagion in the bond markets of the ‘peripheral’ Eurozone countries. The latest negotiations are between (predominantly) government/supra-national creditors and the government. Dealings have raised questions over the rights of a sovereign government that used to preside over its own currency. Some parties have advocated heterodox solutions to Greece’s problems.
By contrast, Puerto Rican debt is held overwhelmingly by private sector investors within the US municipal bond market. Discussions are currently focused on the extension of Chapter 9 of the US Bankruptcy Code to include the government of Puerto Rico and its agencies: this would facilitate an orderly restructuring of the debt. Puerto Rico is not a sovereign nation and its government has never presided over its own currency. There are no questions of heterodox solutions to Puerto Rico’s problems: indeed, the identities of authors of the report that has been commissioned by the government mean that the Working Group is effectively following an IMF program. End box
[1] Krueger, Anne O., Teja, Ranjit and Wolfe, Andrew, Puerto Rico – A Way Forward, June 2015.
[2] Blue Mountain Capital Management LLC v García Padilla et al., case 3:14-cv-01569 and Franklin California Tax-Free Trust et al. v Commonwealth of Puerto Rico et al., case 3:14-cv-01518. Both cases were heard in the U.S. District Court for the District of Puerto Rico.
[3] Value of outstanding municipal bonds as at the end of March 2015, according to the Securities Industry and Financial Markets Association (SIFMA)