(Source: Business Wire)

Fitch Ratings assigns an 'AA-' rating to $1.5 billion Empire State
Development Corporation (New York State Urban Development Corporation)
state personal income tax (PIT) revenue bonds (general purpose),
consisting of
--$501,510,000 series 2009C,
--$224,120,000 series 2009D (federally taxable),
--$775,615,000 series 2009E (federally taxable-Build America Bonds).
The bonds are scheduled to sell the week of Nov. 16, 2009 through
negotiation, and the par amounts are subject to change. Fitch also
affirms the 'AA-' rating on approximately $16.8 billion outstanding PIT
revenue bonds issued by New York state agencies. The Rating Outlook is
Stable.
Underlying the 'AA-' rating on the PIT bonds is the importance of the
PIT to state finances (historically about 60% of tax receipts), the
ample portion of PIT set aside for debt service, the trapping of funds
if appropriation is not made, and the 2 times (x) additional bonds test
(ABT). Due to these strengths, the rating on PIT bonds is equal to that
assigned to the state of New York's general obligation (GO) debt despite
the appropriation requirement. The temporary PIT rate increase included
in the state's fiscal 2010 enacted budget bolsters the PIT revenue
stream in the current economic downturn. However, based on downwardly
revised revenue estimates released with the midyear update to the
state's financial plan on Oct. 30, 2009, revenues are still expected to
fall 5% in fiscal 2010. Debt service coverage remains strong.
Although payment of debt service on PIT bonds is subject to
appropriation, each month an amount equal to 25% of estimated available
PIT revenue (i.e. receipts after refunds) is deposited into the revenue
bond tax fund from the withholding portion of the tax. After retention
of 125% of financing agreement payments for PIT bonds due in the
succeeding month, excess moneys are transferred to the state's general
fund. Should amounts in the revenue bond tax fund be insufficient, the
state comptroller is required to transfer from the general fund without
the need for further appropriation. If no appropriation is made,
deposits to the revenue bond tax fund are trapped and cannot be used
(except for GO debt, if necessary), depriving the state of the moneys in
excess of debt service. The 35% interest subsidy to be received from the
U.S. Treasury for the 2009E Build America Bonds is expected to be
deposited to the credit of the state and is not pledged as security for
the bonds.
Available PIT revenue, as defined in statute, rose from $30.6 billion in
fiscal 2007 to $36.6 billion in fiscal 2008.