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Fitch Rates NJTTFA's $879MM Transportation System Bonds 'A+'; Outlook Stable

NEW YORK--(BUSINESS WIRE)--Fitch Ratings assigns an 'A+' rating to the following New Jersey Transportation Trust Fund Authority (NJTTFA) transportation system bonds:

--Approximately $540.665 million transportation system bonds, 2013 series A;

--Approximately $338.185 million transportation system bonds, 2013 series B (Federally Taxable).

The bonds are expected to sell via negotiation on April 16, 2013.

In addition, Fitch affirms the following ratings:

--Approximately $10 billion outstanding NJTTFA state appropriation-backed obligations at 'A+'.

The Rating Outlook is Stable.

SECURITY

Debt service is paid under a state contract between the state treasurer and the authority from certain dedicated revenue sources, subject to annual legislative appropriation.

KEY RATING DRIVERS

APPROPRIATION OBLIGATION OF THE STATE: State contract payments provide for debt service; payments must be appropriated annually by the state legislature, resulting in a rating one notch below the state's 'AA-' general obligation (GO) bond rating. The state contract for the system bonds, pursuant to statute, specifies an appropriation of minimum equivalent amounts from several transportation-related taxes and fees and stipulates that the state's general fund must cure any shortfalls.

CONSTITUTIONALLY DEDICATED REVENUE SOURCES: Certain transportation revenues are constitutionally dedicated and pledged to the transportation trust fund account, although these monies need to be appropriated by the legislature. Monies appropriated to the transportation trust fund account have always been sufficient to cover annual debt service.

LONG-TERM LIABILITIES ARE CONSIDERABLE: Above-average debt obligations are compounded by significant and growing funding needs for the state's unfunded pension and employee benefit liabilities. Continued pension funding level deterioration is projected through the medium term as full funding of the actuarially required contribution is several years off.

WEALTHY ECONOMY WITH SLOW RECOVERY: New Jersey benefits from a wealthy populace and a broad and diverse economy. The state's economic performance has lagged the nation in recovery from the recent recession. The unemployment rate remains above national averages.

BUDGET REMAINS STRUCTURALLY IMBALANCED: Management has proactively responded to past revenue weakness and growth in state spending has been contained. Nevertheless, the inability to achieve an overly optimistic fiscal 2013 revenue forecast now requires corrective measures and use of fund balance to close a mid-year budget gap. Full funding of annual pension obligations is several years off. Reserve balances are expected to further narrow, limiting flexibility to absorb unforeseen needs.

STRONG EXECUTIVE POWERS: The governor has strong powers to implement any necessary expenditure reductions to balance the budget and the state has a record of doing so.

RATING SENSITIVITIES

The rating is sensitive to shifts in the state's 'AA-' GO credit rating to which this credit is linked.

CREDIT PROFILE

The 'A+' rating on the transportation system bonds is based on annual contract payments, subject to legislative appropriation, to be made by the state of New Jersey. Debt service is paid under a contract with the state treasurer, from payments to be made to the authority from the transportation trust fund account within the state's general fund. The payments are pledged to debt service on these bonds.

The contract for the system revenue bonds, pursuant to statute, specifies minimum equivalent amounts from several transportation-related taxes and fees, the vast majority of which are constitutionally dedicated to transportation and may not be used or borrowed for any other purposes. The taxes and fees themselves are not pledged as security. The contract requires the state to cover any funding shortfalls from its general fund.

The 2013 series bonds are being issued under the now-former transportation trust fund authorization dating from 2006 to refund outstanding bonds for debt service savings. A new transportation reauthorization act was adopted in the 2012 legislative session, authorizing $6.4 billion in transportation capital spending spanning fiscal years 2013-2016. NJTTFA borrowing of almost $3.5 billion was authorized.

NJTTFA bonds were first offered in 2012 under the new program and associated bond resolution. Bonds issued under the new program (program bonds) are secured by the same constitutionally dedicated transportation revenue sources as bonds issued under the former program (system bonds) although certain statutorily dedicated revenue sources supporting the system bonds are not available for bonds issued under the new program, including truck and motor vehicle registration fees and toll road contributions. In contrast to system bonds, which benefit from a backstop of all general fund revenues, the state's collection of sales tax revenue is available to cure deficiencies for the program bonds. While the sales tax represents a narrower stream of available revenue, it remains a substantial pool of resources and the state plans to utilize increasing amounts of this revenue to fund NJTTFA's capital program. Sales tax collections made up about 46% of the state's $17.6 billion budget-basis general fund in fiscal 2012. Fitch rates both system and program bonds one notch below the state's GO rating.

The new four-year capital program for transportation projects is also supported by additional pay-as-you-go allocations from the NJTTFA as well as the New Jersey Turnpike Authority (NJTA), although the governor's proposed budget for fiscal 2014 allocates $324 million of resources from the NJTA that would have been used for capital projects to fund operations of New Jersey Transit. The state expects that transportation capital borrowing in fiscal 2014 will not increase due to this re-allocation of resources due to the receipt of $250 million of bond premium and proposed shifts in project funding between federal and state sources. The Port Authority of New York and New Jersey is also a participant in the capital program, contributing $1.457 billion over the four years.

The NJTTFA program bonds are expected to be issued annually beginning in fiscal 2013 at about $1.25 billion and declining thereafter to $627 million in fiscal 2016. The program allows for up to 30% of permitted annual bonding to be issued prior or subsequent to the designated fiscal year, subject to certain restrictions. The enacted fiscal 2013 budget includes an appropriation of $1.094 billion to the transportation trust fund account for debt service expense, which was expected to total just over $1 billion in fiscal 2013 prior to this refunding.

STATE'S GENERAL CREDIT QUALITY

New Jersey's 'AA-' GO credit rating reflects its high wealth levels and broad economy, offset by a comparatively high debt burden and a multitude of long-term spending pressures, including continuing capital needs and significant unfunded pension and employee benefits obligations. Despite passage of pension and benefits reform legislation which will restrain future growth in the state's accumulated liabilities, continued pension funding level deterioration is projected through the medium term as full funding of the actuarially required contributions is phased in over several years. This schedule also results in sizeable, planned increases in annual pension contributions. Fitch believes that meeting the requisite increases in pension contributions will continue to be challenging and is likely to conflict with other long-term demands, such as property tax relief, school funding, and infrastructure needs.

FINANCIAL OPERATIONS HAVE BEEN CHALLENGED

New Jersey has been challenged this year in meeting an overly optimistic revenue forecast that was adopted with the fiscal 2013 budget, which began on July 1, 2012, as well as by Hurricane Sandy, which made landfall on Oct. 29, 2012. The state projected robust revenue growth in fiscal 2013 of $2.6 billion (9.1% above 2012 levels not inclusive of fund adjustments) reflecting projected personal income tax (PIT) growth of 5.7%, sales tax growth of 6.1%, and an expected 26% increase in corporate tax receipts (CIT). Actual receipts through March 2013 as compared to the state's revised revenue forecast for fiscal 2013 (expected revenues lowered by $407 million) indicate that revenues are 0.2% above the revised revenue estimate with several months remaining in the fiscal year. Growth through March was primarily focused in the PIT (up 1.2% year-over-year (YOY) and sales tax (up 0.5% YOY), significantly offset by YOY declines in most other revenue categories including the CIT (down 2.1%). The state's casino-related revenues are below the revised forecast.

Growth in PIT receipts is thought to include the push-forward of income into 2012 due to the uncertainty regarding federal tax law changes, offset by modest wage depression related to the hurricane. The U.S. Bureau of Economic Analysis (BEA) recently estimated that interruptions in economic activity in the state caused by the storm depressed wages by 0.7%, or about $400 million in the fourth quarter of 2012. Also making interpretation of the state's tax performance more challenging is the apportionment of almost $4.4 billion in FEMA aid to residents and communities in the state as of March 18, 2013. A total of $50.38 billion has been provided by the federal government to assist states impacted by Hurricane Sandy, primarily allocated among eight federal agencies; it is to be determined what percentage of this aid in total New Jersey will receive and the state is also expected to receive a boost in tax revenue from recovery activity. Federal aid is expected to cover the vast majority of costs related to the storm.

The governor's budget proposal for fiscal 2014 includes updated revenue estimates for fiscal 2013 and projects a revenue shortfall in fiscal 2013 of $407 million, incorporating reduced expectations for sales tax, CIT, and casino revenues. The proposed budget also highlights $40 million in unexpected costs to the state in regard to the hurricane in fiscal 2013 and includes $512 million in fiscal 2013 supplemental appropriations to provide for $222 million for increased Medicaid and Family Care program costs, $61 million for the employee social security tax account, $35 million for state health benefit costs, and $30 million for snow removal, with the balance to provide for unrealized expenditure savings, expenditure overages, and a one-time federal claim adjustment. To address the current-year gap, the governor proposes the use of $72 million of fund balance, allowing $377 million of appropriations to lapse, and moving the property tax rebate that is normally provided to state taxpayers in May to August 2013; that shift would provide $392 million in budget relief to the state in fiscal 2013.

Based on the governor's proposal, the ending fund balance in fiscal 2013 is expected to total $375 million, equal to a slim 1.2% of total appropriations, down from $447 million in fiscal 2012, and lower than the $648 million ending balance for the year that had been anticipated at the time of budget adoption. The reduced projected ending fund balance partly reflects a reduction in the fiscal 2013 opening balance, from an expected $570 million to $447 million, as an operating deficit was recorded in fiscal 2012. Fiscal 2012 had revenue growth of $426 million (1.5%) above fiscal 2011 levels and the ending fund balance of $447 million was a $426 million decrease from the opening year balance of $873 million and lower than the $640 million that was anticipated early in the fiscal year. The expected total ending fund balance for fiscal 2013 could be reduced by $166 million in lost revenue from ongoing litigation regarding municipal affordable housing trust fund transfers expected to be received by the state, reducing the already narrow margins.

FISCAL YEAR 2014 EXEC BUDGET REQUIRES EXPENDITURE RESTRAINT; MAINTAINS MINIMAL FUND BALANCES

The governor's budget for fiscal 2014 proposes growth in appropriations of 2.3% to $32.9 billion from the revised fiscal 2013 budget. State education spending grows by 5.7% while Medicaid expense is budgeted to decline by 0.6%, incorporating anticipated results from state reform measures and the governor's proposal to participate in the federal Medicaid expansion; the state expects to benefit from federal subsidy of its current, expansive Medicaid program. The use of one-time measures to balance the budget continues and is planned to total just over $1 billion, not including pension underfunding. One-time measures include a $75 million fund balance draw (narrowing the fund balance to a negligible $300 million or less than 1% of revenue) and expected debt refunding for budget relief. The pension contribution is funded at three-sevenths of the actuarially required level for fiscal 2014, consistent with the established statutory schedule to phase in the full contribution over seven years. This partial contribution equals almost $1.7 billion and accounts for about 5% of the proposed budget.

Projected revenues in support of the budget total $32.8 billion and incorporate 6.5% projected growth in the PIT, 4.7% growth in sales tax, 7% growth in the CIT, and 85% ($200 million) growth in casino revenue resulting from the introduction of internet gaming tied to Atlantic City casinos; the total increase projected from revised fiscal 2013 revenues is 4.9%. Economic assumptions tied to the forecast include 1.9% growth in employment from fiscal 2013, 5% growth in personal income, and an 8.6% unemployment rate.

Achievement of the revenue and expenditure targets contained in the proposed fiscal 2014 budget will be challenging, requiring the attainment of economic growth beyond current progress, fully realizing budgeted Medicaid savings, exercising notable expenditure restraint, as well as receiving forecast casino revenue from the implementation of internet gaming. The use of fund balances and one-time revenue in fiscal years 2013 and 2014 combined with the continual, although improved, insufficient pension funding, point to the state budget's persistent structural imbalance. Further, the narrowness of the state's fund balance position is a concern. The governor does have strong powers to implement expenditure reductions to balance the budget and is expected to exercise those powers as necessary.

ECONOMIC GROWTH HAS LAGGED THE NATION

State employment growth during most of the last decade lagged the national experience and while growth has returned following losses due to the recession, the pace of expansion remains below the national average. The state recorded a decline of 1.1% in non-farm employment levels in 2010, slightly higher than the 0.7% contraction seen nationally, growth in 2011 was relatively flat to 2010 and below the 1.1% national growth rate, and 2012 recorded a similar trend with state growth of 1.2% compared to the nation of 1.7%. Year-over-year employment growth as of February 2013 was 1.5%, matching the national growth for the same period. State unemployment of 9.3% for February 2013 is above the national level of 7.7% for the same month and largely reflects an increase in the labor force rather than a loss of employment; the rate is up from 9.2% one year earlier. New Jersey's wealth levels are high, with 2011 per capita personal income of $52,430 equaling 126% of the national level, ranking third among the states.

COMPARATIVELY HIGH LONG-TERM LIABILITIES

New Jersey's debt levels are high for a U.S. state and ongoing capital demands for school construction and transportation projects remain large. Net tax supported debt as of June 30, 2012 equaled 7.9% of 2011 personal income. State residents approved in November 2008 a constitutional amendment that requires voter approval for future debt authorizations that do not carry a dedicated repayment source, which has limited growth in debt levels.

As of July 1, 2011, pension liabilities for the public employee retirement system (PERS), reflective of pension reforms and a change in plan assumptions, were 67.3% funded on an aggregate basis and the teachers system was 62.8% funded. System-wide funding levels for the PERS and teachers systems - using Fitch's more conservative 7% discount rate assumption - are 61% and 56.9%, respectively. While pension and employee health benefit reforms have been implemented and are expected to slow the growth in liabilities, the state's plan to phase in full funding of its actuarially required pension contributions over a seven-year period will continue to weigh on funded ratios in the near term and add stress to the state's operating budget. On a combined basis, New Jersey's net tax-supported debt and unfunded pension obligations attributable to the state, as adjusted for a 7% return assumption, total 16.3% of 2011 personal income, well above the median for states rated by Fitch.

Additional information is available at 'www.fitchratings.com'. The ratings above were solicited by, or on behalf of, the issuer, and therefore, Fitch has been compensated for the provision of the ratings.

Applicable Criteria and Related Research:

--'Tax-Supported Rating Criteria' (Aug. 14, 2012);

--'U.S. State Government Tax-Supported Rating Criteria' (Aug. 14, 2012).

Applicable Criteria and Related Research

Tax-Supported Rating Criteria

http://www.fitchratings.com/creditdesk/reports/report_frame.cfm?rpt_id=686015

U.S. State Government Tax-Supported Rating Criteria

http://www.fitchratings.com/creditdesk/reports/report_frame.cfm?rpt_id=686033

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Contacts

Fitch Ratings
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Senior Director
Fitch Ratings, Inc.
One State Street Plaza
New York, NY 10004
or
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Managing Director
or
Committee Chairperson:
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Senior Director
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