THE SHORT ANSWER

Where a toll road is financed with revenue bonds, they are payable from a specific source of revenue, and the proceeds sit in GFOA's horizon list: construction funds, capitalized interest, debt service, escrow and reserve funds. GFOA's typical spending-fund horizons run from months to a few years, the reserve fund long-term; GICs, full-flex repos, structured Treasury portfolios, SLGS and forwards fit different spending patterns, with bond and tax counsel holding final determinations.

Toll roads and other transportation issuers invest bond proceeds by matching each fund a financing creates to the calendar on which that fund's cash leaves, and then choosing among the structures that fit that calendar and the yield limits that apply to it.

This page is the toll road entry in mGIC's coverage of issuer sectors, and it answers the question in the sector's own terms: revenue pledges built on tolls, long construction programs, and the private participation questions some projects raise.

The mechanics it draws on, from fund definitions to the bidding rules, are the ones covered across the bond proceeds guides; what follows is the sector's version of them.

What financing structures do toll road issuers use?

Where a toll road is financed with revenue bonds, the MSRB glossary's definition applies: a revenue bond is a bond payable from a specific source of revenue, and the glossary notes that generally no voter approval is required before such obligations are issued.

The glossary says pledged revenues may come from project operations, grants, or excise or other non-ad-valorem taxes.

Voter approval rules vary by state, so whether a particular toll authority or transportation agency needs an election is a question bond counsel answers under the governing state law.

The structure matters for the proceeds work because a revenue pledge ties repayment to the specific pledged source, and the general obligation and revenue bond comparison covers the contrast with general obligation bonds in full.

Which funds hold a toll road's proceeds, and how long do they stay invested?

The funds a toll road issue creates sit in the menu GFOA's horizon guidance covers, and GFOA's typical investment horizons for the spending funds run from about 6 months to 3 years, with the debt service reserve fund treated as long-term.

The fund types guide describes each fund in full; GFOA's ranges, from its guidance approved March 4, 2022, are set out below with the calendar each fund follows.

FundGFOA typical horizonWhat sets the calendar
Construction/project fund12 to 36 monthsThe road or bridge draw schedule
Capitalized interest fund6 to 18 monthsInterest payment dates
Debt service fund, interest accountUsually 6 monthsInterest payment dates
Debt service fund, principal accountUsually 12 monthsPrincipal payment dates
Refunding escrowDepends on the redemption dateThe redemption date

GFOA frames these as typical ranges, not rules, and says expectations vary and issuers should consult their advisory team and investment policy.

The proceeds those funds hold are defined in Treasury Regulation §1.148-1(b): sale proceeds are amounts actually or constructively received from selling the issue, including amounts used to pay underwriters' discount and accrued interest other than pre-issuance accrued interest.

Investment proceeds are amounts received from investing proceeds, net sale proceeds are sale proceeds less the amounts invested in a reasonably required reserve or replacement fund and as part of the minor portion, and Treasury Regulation §1.148-9 treats proceeds of a refunded issue that become proceeds of the refunding issue as transferred proceeds.

That last definition is the one a transportation refinancing touches: when earlier toll road bonds are refunded, proceeds of the refunded issue that become proceeds of the refunding issue are what Treasury Regulation §1.148-9 describes as transferred proceeds.

The debt service fund gets its own definition, because Treasury Regulation §1.148-1(b) treats a fund as a bona fide debt service fund only where it is used mainly to match revenues with principal and interest within each bond year.

Under the same definition, the fund must be depleted at least once each bond year, except for a reasonable carryover amount not to exceed the greater of the prior year's earnings on the fund or one-twelfth of the prior year's principal and interest payments.

The debt service fund guide takes the tax treatment from there, and the draw schedule guide shows how a construction calendar gets estimated.

Which reinvestment products fit toll road proceeds?

The SEC has described municipal reinvestment products as instruments tailored to municipalities' specific collateral and spend-down needs, such as guaranteed investment contracts, repurchase agreements and forward purchase agreements, and mGIC evaluates and competitively bids guaranteed investment contracts, full-flex repurchase agreements and structured portfolios of U.S. Treasury securities.

The reinvestment products hub maps the full menu; this section notes where each structure meets a transportation fund's shape.

The MSRB glossary's general definition of a guaranteed investment contract is an investment secured by a contract with a financial institution that guarantees a fixed rate of return and a fixed maturity, and the GIC guide covers how withdrawal provisions are negotiated around a draw schedule.

Full-flex repurchase agreements are the second of the three, and the flex repo guide covers the collateral, margin and withdrawal mechanics in detail.

In mGIC's work, a structured portfolio of U.S. Treasury securities is matched to the issue's anticipated cash needs, with a money-market fund allocation held for faster-than-expected spend-down, and the Treasury portfolio guide covers the matching.

SLGS carry an eligibility gate that matters for escrows and other yield-restricted balances: 31 CFR 344.1 limits purchases to an eligible source of funds, categories that begin with gross proceeds of tax-advantaged bonds and include amounts held with them in a refunding escrow, defeasance escrow, parity reserve fund or commingled fund, along with other amounts subject to yield limits.

Whether a particular toll road fund falls within those categories is a determination for bond counsel, and the SLGS guide covers the securities themselves.

The program also has a known interruption mode: 31 CFR 344.2(l) reserves Treasury's right to change or suspend the offering when the Secretary determines that issuing obligations sufficient for the orderly financing operations of the United States cannot be done without exceeding the statutory debt limit.

During such a contingency, 31 CFR 344.7(b) lets Treasury move unredeemed Demand Deposits into special 90-day certificates of indebtedness that earn simple interest at the daily factor in effect when Demand Deposit issuance was suspended, and they roll over if the contingency continues.

For reserve funds, the MSRB glossary's forward entry is the relevant one: a forward may provide for the delivery of specific types of securities on specified future dates at fixed yields for the purpose of optimizing the investment of a debt service reserve fund.

GFOA places the reserve fund's horizon in the long-term camp, which is the setting that entry describes, and the forward delivery agreement guide takes up the structure.

One vocabulary note belongs here, because the term GIC lives in two markets: in retirement plans, stable value contracts are bank or insurer wraps under which the provider pays plan participants at book value when a stable value fund's market value falls short.

That is a different product and regulatory setting from the investment agreements purchased with bond proceeds; the CFTC and SEC described those retirement-plan contracts in their joint request for comment on the stable value study required by Dodd-Frank section 719(d) (Release No. 34-65153).

What compliance issues are specific to toll road proceeds?

The sector-specific compliance question for toll roads is private participation, which this page leaves open: where a project involves private participation, or the bonds are private activity bonds, the revenue-bond frame above is not the whole analysis, and the private activity bond guide and the P3 sector page are the entry points.

Beneath that question, the federal frame is set by scope: Treasury Regulation §1.148-1(b) defines gross proceeds as all proceeds of an issue plus all its replacement proceeds, and proceeds is itself a defined term covering sale, investment and transferred proceeds.

The spending exceptions use specially modified definitions of gross proceeds, so which version of the definition applies under a given exception is its own question.

How those rules limit what proceeds can earn is the subject of the arbitrage guides, and the yield restriction page carries the post-temporary-period side.

Whether a toll authority's fund may hold a given instrument under its state's investment statutes is a question for bond counsel, and the state-by-state guide collects the state pages.

Final conclusions about an issue's tax status, its private use profile and what its funds may hold belong to bond counsel and tax counsel.

Which toll road and transportation transactions represent mGIC's work?

mGIC's representative transactions include Pocahontas Parkway (Route 895) in Virginia, and they reach across transportation more broadly: the DHL air cargo hub at CVG, Miami Air Cargo at MIA, the JFK International Air Cargo Center, Delta Cargo at JFK, and aircraft FBOs at Westchester County Airport and Hobby Airport.

They are named here as representative transactions only, and the case studies library is where the transaction pages live.

The work behind the names is mGIC's record of more than $60 billion in bond proceeds invested and swap notional executed across more than 1,000 transactions for issuers in more than 40 states.

mGIC was founded in Scottsdale, Arizona, in 2002, and Robert H. Rasmussen has led its Bidding Agent and reinvestment advisory work since then.

As an independent, SEC-registered municipal advisor, mGIC sells no investment product and does not act as principal in the investments it evaluates, and as a registered advisor it owes its municipal clients a fiduciary duty.

Its reinvestment advisory reviews cover fund objectives, permitted investments, draw schedules, credit parameters, market conditions and timing; its Bidding Agent work covers bid specifications, soliciting qualified providers, managing questions and comparing rate and non-rate terms; and its documentation work delivers the Bidding Agent and provider certifications to bond counsel.

Its fee is paid by the winning provider rather than the issuer, at or below the safe-harbor maximum in the Treasury arbitrage regulations, and it is disclosed.

Across the work, mGIC's stated order of priorities for reinvested proceeds is safety first, then liquidity, then yield.

If a toll road or transportation fund is heading toward a bid, or an existing investment should be checked against its documents and its draw schedule, you can talk to mGIC about a free, no-obligation reinvestment review.

Frequently asked questions

Do toll road bonds require voter approval?

The MSRB glossary defines a revenue bond as one payable from a specific source of revenue and says generally no voter approval is required before issuance. Voter-approval rules vary by state, so the requirement for a specific toll authority is a question for bond counsel under the governing state law.

What happens to SLGS demand deposits during a debt limit impasse?

31 CFR 344.2(l) reserves Treasury's right to change or suspend the SLGS offering when the Secretary determines orderly financing operations cannot proceed without exceeding the statutory debt limit. During such a contingency, 31 CFR 344.7(b) lets Treasury move unredeemed Demand Deposits into special 90-day certificates of indebtedness that earn simple interest at the daily factor in effect when Demand Deposit issuance was suspended and roll over if the contingency continues.

What carryover can a debt service fund keep at the end of a bond year?

Under Treasury Regulation §1.148-1(b), a bona fide debt service fund is depleted at least once each bond year, except for a reasonable carryover amount not to exceed the greater of the prior year's earnings on the fund or one-twelfth of the prior year's principal and interest payments.

Why does a forward delivery agreement come up for reserve funds?

The MSRB glossary's forward entry notes that a forward may provide for the delivery of specific types of securities on specified future dates at fixed yields for the purpose of optimizing the investment of a debt service reserve fund. Whether a forward fits a specific reserve fund is a question for bond counsel and tax counsel.

Are GFOA's typical fund horizons binding on a toll road issuer?

They are not. GFOA lists them as typical ranges rather than rules and says expectations vary and issuers should consult their advisory team and investment policy. The federal arbitrage rules run on their own clock.

Sources

  1. 26 CFR 1.148-1, Definitions and elections (eCFR)
  2. eCFR 31 CFR 344.1, SLGS eligible source of funds (vault link resolves to the cross-referenced 26 CFR 1.150-1)
  3. 31 CFR 344.2(l) and 344.7(b), SLGS debt limit contingency (eCFR)
  4. MSRB Glossary of Municipal Securities Terms, 3rd ed. (Aug. 2013)
  5. GFOA, Investment and Management of Bond Proceeds (approved Mar. 4, 2022)
  6. CFTC/SEC Release No. 34-65153, Study of Stable Value Contracts
  7. SEC Litigation Release No. 22183, SEC v. Wachovia Bank, N.A. (Dec. 8, 2011)

This page is general educational information about municipal finance and federal and state rules as of the date shown. It is not legal, tax or investment advice, and it is not a recommendation about any particular investment. Product availability, legality and suitability depend on the issuer, jurisdiction, governing documents and transaction-specific facts. Final legal and tax determinations remain with the issuer's bond counsel, tax counsel and other advisors.