Constitutional Amendment 5 Creates Flexible Incentive Tool
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    October 15, 2020

    Constitutional Amendment 5 Creates Flexible Incentive Tool

    Shreveport, LA - The North Louisiana Economic Partnership (NLEP), an Accredited Economic Development Organization, supports Constitutional Amendment No. 5. The amendment is on the November 3 ballot and it establishes Article 7, Section 21(O), creating an ad valorem tax exemption for property subject to a cooperative endeavor agreement that requires the property owner (a business) to make payments to a local governing body in lieu of taxes (PILOT). This amendment provides Louisiana communities with another, more flexible tool to compete for investment.

    PILOTs are currently available to businesses and local governing bodies in Louisiana, and they are used quite extensively by other states for as a primary tool for attracting industrial investment. Under current practice in Louisiana, once a PILOT agreement is in place the governmental agency takes legal title of the property receiving investment and leases it back to the investing business at a cost that would be lower than the property tax owed if it remained under the business’ ownership. As public property, there is no property tax owed. 


    PILOTs create a reliable stream of payments that the governmental entity can use to issue bonds for infrastructure projects and public needs, and it provides the investing business with a predictable cost structure. The stream of payments received by the governmental agency is usually larger than they might receive under the Industrial Tax Exemption Program (ITEP), currently the primary tool used for incentivizing industrial investment in Louisiana, and the payments to the local governing entity begin sooner than with the ITEP, which exempts 80% of property taxes for up to 10 years.

    This amendment lets businesses (existing or new) and local government agencies negotiate PIILOTs for new projects or additions to existing facilities without the need to transfer legal title of the property. This makes the tool more attractive to businesses, especially those who already operate in Louisiana and are looking to expand; loss of title to their property may not seem like a feasible choice.  It also has a term of up to 25 years, whereas the ITEP is capped at 10 years; this provides flexibility for both parties to structure the deal how they best see fit.

    The amendment provides greater control of the incentive at the local level and greater certainty over the outcome for the business, as the ITEP approval process must start at the state level and if approved it then comes to local government for approval, which creates confusion and uncertainty for businesses and a longer approval process. It also minimizes risk to the investing business by providing a longer term for payment and not requiring them to seek re-approval after 5 years.

    Business investments are made – or not – for a variety of reasons, but where companies choose to make them often comes down to which communities can best minimize risk, lower cost, and support a quick timeframe for reaching project completion. This amendment gives North Louisiana communities a different and more flexible tool to offer companies to help them make the decision to invest here.

    About NLEP
    NLEP provides professional economic development services to the 14-parish region of North Louisiana, including lead generation, prospect management and support of existing businesses. The organization also represents the interests of North Louisiana with a unified voice and as a single point of contact. It acts as a catalyst, a convener, and a connector in the region to ensure that North Louisiana’s economic development potential is realized. For more information, visit www.nlep.org.
     

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