Innovative water sector financing - Legal and market - SWAP-bfz

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11 th November 2011

Bernadette Njoroge WASREB

1.

2.

Tariffs charged by water utilities – usually able to cover operation and maintenance

Taxation- money raised from the public from the Treasury which is directed to utilities through the ministry of water and irrigation

Used for capital development of assets in the urban and the rural areas

May not be sufficient for all as it is competition for resources with other sectors

Allocations based on political decisions and not on evaluation of need or on demonstration of performance

Disbursements not coherent leading to absorption problems

3.

Transfers- from development partners on a multilateral or bilateral basis usually dedicated to fund specific projects and money provided on specific times

Takes time to prepare , design and finally disburse

Deals mainly with the central government and not lower level

Specialised skills needed to manage and implement the project

Over reliance on central government

Weak governance structures at lower levels of government

Weak capacity in project preparation

Weak capacity in business development

Weak culture of cost recovery – low cash flows Water services sector deemed high risk low return

Weak /overlapping legal and institutional frameworks that govern the business

Lack of sufficient cash flows to cover costs

Achieving sustainable cash flows the 3Ts have to be bridged by attracting repayable finance.

Repayable finance can be debt finance in the form of loans

, bonds issued through capital markets and project finance

Equity finance – can be listed or non listed equity

Innovative finance – shift from who can provide finance as well as how finance can be supplied and demanded.

Innovative finance moves beyond central government and development partners to national NGOs , local banks , financial intermediaries , private investors

Innovative finance moves from capital works development to other areas for operational efficiency , business development skills , connection fees for the poor and longer term sustainability of the services

Innovative use of grant finance to stimulate governance reform in utilities at the lower level and improved governance leads to other finance

Using grants to aggregate small scale providers to qualify for larger financing envelopes

Grants have also been used as seed financing for revolving funds

Main objective of blending – it attracts funds that would otherwise not be attracted to a given project while ensuring public policy goals are met

Democratising borrowers and lenders to wider stakeholders

Creates an incentive for microfinance lenders to penetrate a new market through concessional loans and grants

Suitable for households and Small Scale WSPs

Small scale operators are allowed to borrow from a micro finance institution to expand their assets

Output based aid (OBA) – subsidies are paid based on effective and measurable results by service providers in implementing the project ( example of K-Rep and GPOBA)

May have complexity and high transaction costs

There may be need for pre-financing from the community

– combine OBA subsidies with access to microfinance

Guarantees- form of risk mitigation that can be used with debt or equity to provide coverage against political , regulatory, policy and sovereign risks associated with projects

Improve the credit of a borrower and may lower cost of debt-

Not used in WSS because of political interference in tariff increase, low cost recovery and governance levels in WSS

Fairly suitable for large projects -

Interfere with a country’s debt ceiling since counter guarantee is required

Basically this is pooled financing

Accessing finance for a large number of small borrowers with small projects for combined use

Hallmark is the creation of a reserve fund – to mitigate the risk of cashflow problems

Assists small operators to access finances which would not otherwise be available to them

Transfers repayment capacity to the portfolio rather than to individual projects

This will help strengthen the balance sheet of undercapitalised water operators

Equity will strengthen the balance sheet

And provide sound basis for leveraging additional finance

Investors may swap debt for equity

PSP contracts with equity contributions risk premium built into expected returns does not lead to unfavourable tariff increases

Preparation of bankable projects in an accelerated manner

Potential providers of innovative finance are hampered by:

Lack of understanding by lenders and investors

Lack of funds at decentralised level small utilities unable to access market based payable finance

Weaknesses in management and governance systems of decentralised units

Affordability constraints difficult to increase tariffs to cover costs

Short tenor of available financing -

Undercapitalized balance sheets – high debt levels compared to equity

Lack of bankable projects – or poor project preparation capacity

Risk profile and difficulties in managing risks

Establishing institutions at national level that can channel funds both private or public into the sector in-order to finance small projects using flexible methods

Strong governance and institutional framework in all operators to inspire confidence in an investor

Capacity in project identification and preparation suitable for demands

Use of partnership and aggregation in utilities to enable knowledge and skill transfer and also improve credit history

Change thinking of who can be an investor –

Share experiences on successful innovative financing

For the credit worthy companies

Regular loans from the commercial banks

Due to the market interest rates it is only good for bridging the gap from 3Ts finance

Comes with its own covenants which have positive aspects and negative aspects

Covenants – contractual restrictions placed on a borrower

Set minimum standards for borrower future conduct and performance

Borrowers with strong credit history attract fewer covenants

Negative covenants –restrain the borrower from particular actions such as new borrowing, expenditure on unauthorised items

Affirmative covenants – require a borrower to meet certain standards such as discharging license requirements ,providing information , pay taxes

Violation of covenants leads to action by lender which may accelerate loan repayment or lead to penalties or imposition of constrictions in operations

Operating activity

Investment expenditure

Asset sale

Cash payouts

Financing – limitations on debt or debt like contracts or changes in capital structure

Reporting and disclosure

Preservation of collateral / seniority

Management control and ownership

Going financial concern- liquidity, debt and leverage, cashflow

Level of operation – town, municipal ,city ,

Size- turnover , number of connections, license area

Degree of corporatisation – does the owner observe arms length principle, professional team running operations or does owner interfere

Credit worthiness depending on cost recovery

Legal status – how valid is the license , what period of time

Collateral – what can secure the loan – can debentures be issued (an equitable charge on the assets for the time being of a going concern)

Potential for cost coverage and surplus

Allowed ambit of operation in regulated sector

To attract more commercial forms of finance credit worthiness of all WSPs is imperative which means:

Bankable projects

Good governance structures

Recordkeeping of accounts and finances

Demonstrated cashflow

Ability to manage debt

Given cash flows and assets

Stable macro-economic framework

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