Issuance of bonds

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  1. (a) Upon the request of a state entity, the Arkansas Development Finance Authority may issue bonds for the purpose of:

    1. (1) Providing financing or refinancing for an energy efficiency project;

    2. (2) Refunding bonds issued under this subchapter; and

    3. (3) Paying the costs of issuing the bonds.

  2. (b)

    1. (1) The bonds may be:

      1. (A) Secured by a pledge of the savings derived from the energy efficiency project; and

      2. (B) Paid from general revenues, special revenues, revenues derived from taxes, or any other revenues available to the state entity.

    2. (2) A state entity may pledge or assign any guaranteed energy savings contract to secure the bonds.

    3. (3) A state entity may enter into a long-term loan agreement with the authority to secure the bonds.

    4. (4) Notwithstanding any law to the contrary, a state entity may use maintenance and operations appropriations to pay for an energy efficiency project.

  3. (c)

    1. (1)

      1. (A) Bonds issued under this subchapter shall:

        1. (i) Be authorized by a resolution of the state entity and the Board of Directors of the Arkansas Development Finance Authority; and

        2. (ii) Have the form and characteristics and bear the designations provided in the resolution and permitted under this chapter, including without limitation §§ 15-5-301 — 15-5-317.

      2. (B) The resolution under subdivision (c)(1)(A)(i) of this section may include the provisions and covenants that the state entity or the board determines to be necessary.

    2. (2) The board may:

      1. (A) Require additional proceedings; and

      2. (B) Approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary or convenient to the issuance of the bonds.


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