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Legislature OKs measure to expand use of ‘no-bid’ muni bond sales

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The California Legislature gave Wall Street an end-of-summer gift today.

From Bloomberg News:

California lawmakers passed a bill sought by investment banks that would expand no-bid bond sales, which supporters say are needed after the Wall Street credit crisis made competitive auctions more difficult. The bill allows California’s 58 counties and 480 cities to sell general obligation debt through negotiated offerings, in which the municipality decides in advance which banks will market it. In competitive offerings, banks submit their lowest interest-cost bid on an advertised day. Current law allows negotiated sales by cities and counties for lease-backed and revenue bonds and by school districts. The increasing use of no-bid deals in public finance has ignited debate over whether it saddles taxpayers with higher costs, since banks may set higher interest rates on bonds when they know they have the deal in advance. Banks have an incentive to raise the interest rates on such securities, because it makes them easier to sell, limiting the risk that underwriters will be left holding unsold bonds.

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Wall Street’s argument in favor of negotiated deals is that the certainty involved gives the chosen banks more time to find interested investors at potentially better rates for the bond issuer.

But Bloomberg notes that plenty of academic studies have shown that competitive bidding saves taxpayers money by lowering yields.

‘This is just another very clever scheme,’ Lee Buffington, treasurer of San Mateo County, told Bloomberg. ‘It’s the good ol’ taxpayers that are getting screwed here.’

Still, California is just going with the flow: Nationwide, the trend in underwriting bond deals has shifted heavily toward negotiated awards.

This year, just 15% of the total dollar volume of new muni bonds was sold via competitive auctions, according to Bloomberg data.

-- Tom Petruno

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