A State Legislator’s Guide to Small Business Investment Programs National Conference of State Legislatures August 4, 2015 Confidential 1 Session Outline • The Changing Economic Development Landscape • Components of an “Innovation Agenda” for States • Small Business Finance – Credit vs. Equity Support • State Case Studies – Lessons Learned from Mistakes • Best Practices/Principles for an Actionable Plan 2 The Changing Economic Development Landscape • From “smokestack chasing” to “innovation ecosystems” – Economic development has become more complicated – more people, more strategies, more investments, more economists Let’s Recruit One of These! Let’s Do More of This! • The result is an increased burden on state legislators to evaluate more information and know who to trust. 3 The Changing Economic Development Landscape State economic development efforts are increasingly focused on nurturing innovation and supporting entrepreneurial development/growth: From This To This Workforce Training Infrastructure Tax Incentives Business Recruitment Risk Capital Research & Technology Transfer HighGrowth Companies Grow Your Own 4 State Economic Development Model for an Innovation Economy Source: Regional Innovation Accelerator 5 Network (RIAN) Capital for Small Businesses: Banks vs. Venture Capital Banks lend capital to small businesses with… Venture capital funds invest in small businesses with… • Assets that can be used as collateral for debt financing • Innovative products or services backed by proprietary business methods or intellectual property • Multi-year history of established operations with cashflows sufficient to service debt • Growth potential to capture a significant share of a large market • Owners with assets to provide personal guaranties • Exit strategy to provide investors with 3X to 10X returns on capital • 99.5% probability of returning principal plus interest • 30-40% probability of write-off 6 Philosophical Considerations – “The Why” Why are states involved in capital formation? INNOVATION! ECONOMIC GROWTH! JOBS! • Innovation drives economic growth, and equity investment drives innovation with commercial value • But venture capital is geographically concentrated 7 Extreme Concentration of Risk Capital Supply Venture Capital Invested Venture Capital Managed Remaining 47 States, 25% Remaining 47 States, 30% CA, MA, NY Remaining 47 States CA, MA, NY Remaining 47 States 8 If You’re Not from CA, MA or NY… You are a “fly-over” or “drive-through” state! 9 Philosophical Perspectives – “The Why” Why are states involved in capital formation? • Early-stage investing is a local activity – without local investors, regions will underperform on potential. • Capital programs offer “comprehensive returns” 10 Strategic Perspectives – “The What” What are states doing to spur investment? • A majority of states support early-stage venture development and experiment with capital programs – But not all are good! • State Venture Capital Programs are often described inaccurately as “Public Venture Funds” when really… – Well-designed state programs utilize credible, private investment managers (for-profit and nonprofit) – Programs are not states “picking winners and losers” 11 Capitalization Options for Innovation Finance Programs Pay It Forward Found Money Investor Tax Credits Contingent Credits Deferred Appropriation 12 Principles to Guide Smart, Responsible Policy 1. Capitalize program efficiently 2. Address market needs not met by existing private investors 3. Investment manager selection process must be competitive 4. Policy should deliver “comprehensive returns” Best Practice Programs Utilize Private Sector Processes and Principles to Achieve Public Sector Economic Development Goals. 13 $3.9 billion of wasteful state investment programs 14 What’s Wrong with CAPCO and State New Markets? 1. 2. 3. 4. 5. Mismatch of rhetoric versus reality Unnecessary complexity Adverse selection process for state resource allocations Use of “sham transactions” States can always do better than these models towards achieving policy goals of supporting small businesses 15 Arkansas – State New Markets Arkansas tax credit program drawing scrutiny Submitted by The City Wire Staff on Mon, 11/11/2013 - 3:42pm story by Ryan Saylor rsaylor@thecitywire.com Bryan Scoggins, director of business finance at the Arkansas Economic Development Commission (AEDC), said it initially appeared to be a responsible bill, which is why he believes it received such strong bi-partisan support. “It has a lot of phrases and terms and things that sound very good. But it’s not until you read it several times and get down in the weeds (that you can see loopholes). It looks (good). Who’s not going to go for jobs?” “The best we’ve been able to determine looking at this program and similar programs across the country, somewhere between 25% and 30% of the value of the tax credits make it to the end-project company. That means 70% of the value of the tax credit is going someplace else. Where? I’m not sure anyone is completely sure,” (AEDC Director Grant Tennille) said. 16 Florida – Nothing Ventured, Millions Gained 17 Missouri – CAPCO and State New Markets Job totals trail expectations for Mo. tax credit Monday, April 15, 2013 By DAVID A. LIEB ~ Associated Press JEFFERSON CITY, Mo. -- Missouri has authorized more than $120 million of tax credits through a program intended to entice wealthy investors to pour money into businesses in low-income areas, but the initiative has yet to produce even half the jobs that were anticipated, according to state figures provided to The Associated Press. *** At the request of the AP, the state Department of Economic Development compiled a spreadsheet documenting every New Markets tax credit that has been authorized. The 9,679 "anticipated jobs" associated with the tax credits far exceeds the 823 "actual new jobs" and 3,141 "jobs retained" under the program, though those numbers could continue to rise. 18 Maine – Payday at the Mill (2015) 19 Lessons Learned… 1. Do your homework • Private equity investors call it “due diligence” • Investigate the source of proposed legislation and related interests • Don’t accept candy from strangers….and don’t accept “awards” from outside groups that want you to promote substandard legislation 2. If it sounds too good to be true… • • “Double bottom line” – there is no such thing Indirect economic benefits alone will not exceed the fiscal impact 3. Match the rhetoric with the bill language • If you want “venture capital,” don’t allow managers to make loans • If you want to create jobs, don’t allow proponents to count the jobs you already have 20 Lessons Learned… 4. Competition is a good thing • “First come, first-served” is bad public policy • When proponents say “the state shouldn’t pick winners and losers,” what they really mean is “we don’t want competition” 5. Demand a “square deal” • “Pari passu” = at the same rate, or on equal footing • If private investors get 100% of principal returned before profit distributions, so should the state, for any investment program 21 Always Look for a Better Deal… 22 Maryland – a “Better Deal than CAPCO” 23 Recommendations for Designing New Programs 1. Understand the specific capital needs in your state – what is the supply of risk capital and what is the realistic demand? 2. Meet with in-state “TBED” leaders, private investors and high-growth company founders 3. Study state venture capital program experiments in other states (e.g. InvestMaryland and Innovate PA) 4. Invest at significant scale to spur private investment 24 Innovation in Economic Development Eric Cromwell eric@cromwellschmisseur.com 615-428-0857 Dan Schmisseur dan@cromwellschmisseur.com 615-290-2515 25