Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 910
       
       
       
       
       
       
                                Ì549218:Î549218                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/01/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Utility Cost Containment Bond Act.—
    6         (1) SHORT TITLE.—This section may be cited as the “Utility
    7  Cost Containment Bond Act.”
    8         (2)DEFINITIONS.—As used in this section, the term:
    9         (a) “Authority” means an entity created pursuant to s.
   10  163.01(7)(g), Florida Statutes, which provides public utility
   11  services and whose membership consists of at least three
   12  counties. The term includes any successor to the powers and
   13  functions of such an entity.
   14         (b) “Cost,” as applied to a utility project or a portion of
   15  a utility project financed under this act, means:
   16         1. Any part of the expense of constructing, renovating or
   17  acquiring lands, structures, real or personal property, rights,
   18  rights-of-way, franchises, easements, and interests acquired or
   19  used for a utility project.
   20         2. The expense of demolishing or removing any buildings or
   21  structures on acquired land, including the expense of acquiring
   22  any lands to which the buildings or structures may be moved, and
   23  the cost of all machinery and equipment used for the demolition
   24  or removal.
   25         3. Finance charges.
   26         4. Interest, as determined by the authority.
   27         5. Provisions for working capital and debt service
   28  reserves.
   29         6. Expenses for extensions, enlargements, additions,
   30  replacements, renovations, and improvements.
   31         7.Expenses for architectural, engineering, financial,
   32  accounting, and legal services, plans, specifications,
   33  estimates, and administration.
   34         8. Any other expense necessary or incidental to determining
   35  the feasibility of constructing any utility project or
   36  incidental to the construction, acquisition, or financing of any
   37  utility project.
   38         (c) “Customer” means a person receiving water, wastewater,
   39  electric, or stormwater service from a publicly owned utility.
   40         (d) “Financing costs” means any of the following:
   41         1. Interest and redemption premiums that are payable on
   42  utility cost containment bonds.
   43         2. The cost of retiring the principal of utility cost
   44  containment bonds, whether at maturity, including acceleration
   45  of maturity upon an event of default, or upon redemption,
   46  including sinking fund redemption.
   47         3. The cost related to issuing or servicing utility cost
   48  containment bonds, including any payment under an interest rate
   49  swap agreement and any type of fee.
   50         4. A payment or expense associated with a bond insurance
   51  policy; financial guaranty; a contract, agreement, or other
   52  credit or liquidity enhancement for bonds; or a contract,
   53  agreement, or other financial agreement entered into in
   54  connection with utility cost containment bonds.
   55         5. Any coverage charges.
   56         6. The funding of one or more reserve accounts relating to
   57  utility cost containment bonds.
   58         (e) “Finance” or “financing” includes refinancing.
   59         (f) “Financing resolution” means a resolution adopted by
   60  the governing body of an authority that provides for the
   61  financing or refinancing of a utility project with utility cost
   62  containment bonds and that imposes a utility project charge in
   63  connection with the utility cost containment bonds in accordance
   64  with subsection (4). A financing resolution may be separate from
   65  a resolution authorizing the issuance of the bonds.
   66         (g) “Governing body” means the body that governs a local
   67  agency.
   68         (h) “Local agency” means a member of the authority, or an
   69  agency or subdivision of that member, which is sponsoring or
   70  refinancing a utility project, or any municipality, county,
   71  authority, special district, public corporation, or other
   72  governmental entity of the state that is sponsoring or
   73  refinancing a utility project.
   74         (i) “Public utility services” means any of the following
   75  services provided by a publicly owned utility:
   76         1. Water.
   77         2. Wastewater.
   78         3. Electric.
   79         4. Stormwater.
   80         (j) “Publicly owned utility” means a utility furnishing
   81  water, wastewater, electric, or stormwater service that is owned
   82  and operated by a local agency. The term includes any successor
   83  to the powers and functions of such a utility.
   84         (k) “Revenue” means income and receipts of the authority
   85  from any of the following:
   86         1. A bond purchase agreement.
   87         2. Bonds acquired by the authority.
   88         3. Installment sales agreements and other revenue-producing
   89  agreements entered into by the authority.
   90         4. Utility projects financed or refinanced by the
   91  authority.
   92         5. Grants and other sources of income.
   93         6. Moneys paid by a local agency.
   94         7. Interlocal agreements with a local agency.
   95         8. Interest or other income from any investment of money in
   96  any fund or account established for the payment of principal,
   97  interest, or premiums on utility cost containment bonds, or the
   98  deposit of proceeds of utility cost containment bonds.
   99         (l) “Utility cost containment bonds” means bonds, notes,
  100  commercial paper, variable rate securities, and any other
  101  evidence of indebtedness issued by an authority, the proceeds of
  102  which are used directly or indirectly to pay or reimburse a
  103  local agency or its publicly owned utility for the costs of a
  104  utility project, and which are secured by a pledge of, and are
  105  payable from, utility project property.
  106         (m) “Utility project” means the acquisition, construction,
  107  installation, retrofitting, rebuilding, or other addition to or
  108  improvement of any equipment, device, structure, process,
  109  facility, technology, rights, or property located within or
  110  outside this state which is used in connection with the
  111  operations of a publicly owned utility.
  112         (n) “Utility project property” means the property right
  113  created pursuant to subsection (6) including the right, title,
  114  and interest of an authority in any of the following:
  115         1. The financing resolution, the utility project charge,
  116  and any adjustment to the utility project charge established in
  117  accordance with subsection (5).
  118         2. The financing costs of the utility cost containment
  119  bonds and all revenues, and all collections, claims, payments,
  120  moneys, or proceeds for, or arising from, the utility project
  121  charge.
  122         3. All rights to obtain adjustments to the utility project
  123  charge pursuant to subsection (5).
  124         (3) UTILITY PROJECTS.—
  125         (a) A local agency that owns and operates a publicly owned
  126  utility may apply to an authority to finance the costs of a
  127  utility project using the proceeds of utility cost containment
  128  bonds. In its application to the authority, the local agency
  129  shall specify the utility project to be financed by the utility
  130  cost containment bonds and the maximum principal amount, the
  131  maximum interest rate, and the maximum stated terms of the
  132  utility cost containment bonds.
  133         (b) A local agency may not apply to an authority for the
  134  financing of a utility project under this section unless the
  135  governing body has determined, in a duly noticed public meeting,
  136  all of the following:
  137         1. The project to be financed is a utility project.
  138         2. The local agency will finance costs of the utility
  139  project and the financing costs associated with the financing
  140  will be paid from utility project property, including the
  141  utility project charge for the utility cost containment bonds.
  142         3. Based on the best information available to the governing
  143  body, the rates charged to the local agency’s retail customers
  144  by the publicly owned utility, including the utility project
  145  charge resulting from the financing of the utility project with
  146  utility cost containment bonds, are expected to be lower than
  147  the rates that would be charged if the project was financed with
  148  bonds payable from revenues of the publicly owned utility.
  149         (c) A determination by the governing body that a project to
  150  be financed with utility cost containment bonds is a utility
  151  project is final and conclusive, and the utility cost
  152  containment bonds issued to finance the utility project and the
  153  utility project charge shall be valid and enforceable as set
  154  forth in the financing resolution and the documents relating to
  155  the utility cost containment bonds.
  156         (d) The savings resulting from the issuance of utility cost
  157  containment bonds for a utility project must be used to directly
  158  benefit the customers of the publicly owned utility through rate
  159  reductions or other programs.
  160         (e) If a local agency that has outstanding utility cost
  161  containment bonds ceases to operate a water, wastewater,
  162  electric, or stormwater utility, directly or through its
  163  publicly owned utility, references in this section to the local
  164  agency or to its publicly owned utility shall be to the
  165  successor entity. The successor entity shall assume and perform
  166  all obligations of the local agency and its publicly owned
  167  utility required by this section and shall assume the servicing
  168  agreement required under subsection (4) while the utility cost
  169  containment bonds remain outstanding.
  170         (4) FINANCING UTILITY PROJECTS.—
  171         (a) An authority may issue utility cost containment bonds
  172  to finance or refinance utility projects; refinance debt of a
  173  local agency incurred in financing or refinancing utility
  174  projects, provided such refinancing results in present value
  175  savings to the local agency; or, with the approval of the local
  176  agency, refinance previously issued utility cost containment
  177  bonds.
  178         1. To finance a utility project, the authority may:
  179         a. Form a single-purpose limited liability company and
  180  authorize the company to adopt the financing resolution of such
  181  utility project; or
  182         b. Create a new single-purpose entity by interlocal
  183  agreement whose membership shall consist of the authority and
  184  two or more of its members or other public agencies.
  185         2. A single-purpose limited liability company or a single
  186  purpose entity may be created by the authority solely for the
  187  purpose of performing the duties and responsibilities of the
  188  authority specified in this section and shall constitute an
  189  authority for all purposes of this section. Reference to the
  190  authority includes a company or entity created under this
  191  paragraph.
  192         (b) The governing body of an authority that is financing
  193  the costs of a utility project shall adopt a financing
  194  resolution and shall impose a utility project charge as
  195  described in subsection (5). All provisions of a financing
  196  resolution adopted pursuant to this section are binding on the
  197  authority.
  198         1. The financing resolution must:
  199         a. Provide a brief description of the financial calculation
  200  method the authority will use in determining the utility project
  201  charge. The calculation method shall include a periodic
  202  adjustment methodology to be applied at least annually to the
  203  utility project charge. The authority shall establish the
  204  allocation of the utility project charge among classes of
  205  customers of the publicly owned utility. The decision of the
  206  authority shall be final and conclusive, and the method of
  207  calculating the utility project charge and the periodic
  208  adjustment may not be changed.
  209         b. Require each customer in the class or classes of
  210  customers specified in the financing resolution who receives
  211  water, wastewater, electric, or stormwater service through the
  212  publicly owned utility to pay the utility project charge
  213  regardless of whether the customer has an agreement to receive
  214  water, wastewater, electric, or stormwater service from a person
  215  other than the publicly owned utility.
  216         c. Require that the utility project charge be charged
  217  separately from other charges on the bill of customers of the
  218  publicly owned utility in the class or classes of customers
  219  specified in the financing resolution.
  220         d. Require that the authority enter into a servicing
  221  agreement with the local agency or its publicly owned utility to
  222  collect the utility project charge.
  223         2. The authority may require in the financing resolution
  224  that, in the event of a default by the local agency or its
  225  publicly owned utility with respect to revenues from the utility
  226  project property, the authority, upon application by the
  227  beneficiaries of the statutory lien as set forth in subsection
  228  (6), shall order the sequestration and payment to the
  229  beneficiaries of revenues arising from utility project property.
  230  This provision does not limit any other remedies available to
  231  the beneficiaries by reason of default.
  232         (c) An authority has all the powers provided in this
  233  section and under s. 163.01(7)(g), Florida Statutes.
  234         (5) UTILITY PROJECT CHARGE.—
  235         (a) The authority shall impose a sufficient utility project
  236  charge, based on estimates of water, wastewater, electric, or
  237  stormwater service usage, to ensure timely payment of all
  238  financing costs with respect to utility cost containment bonds.
  239  The local agency or its publicly owned utility shall provide the
  240  authority with information concerning the publicly owned utility
  241  which may be required by the authority in establishing the
  242  utility project charge.
  243         (b) The utility project charge is a nonbypassable charge to
  244  all present and future customers of the publicly owned utility
  245  in the class or classes of customers specified in the financing
  246  resolution upon its adoption. If a customer of the publicly
  247  owned utility that is subject to a utility project charge enters
  248  into an agreement to purchase water, wastewater, electric, or
  249  stormwater service from a supplier other than the publicly owned
  250  utility, the customer shall remain liable for the payment of the
  251  utility project charge if the customer has received any service
  252  or benefit from the publicly owned utility subsequent to the
  253  date the utility project charged is imposed.
  254         (c) The authority shall determine at least annually and at
  255  such additional intervals as provided in the financing
  256  resolution and documents related to the applicable utility cost
  257  containment bonds whether adjustments to the utility project
  258  charge are required. The authority shall use the adjustment to
  259  correct for any overcollection or undercollection of financing
  260  costs from the utility project charge or to make any other
  261  adjustment necessary to ensure the timely payment of the
  262  financing costs of the utility cost containment bonds, including
  263  adjustment of the utility project charge to pay any debt service
  264  coverage requirement for the utility cost containment bonds. The
  265  local agency or its publicly owned utility shall provide the
  266  authority with information concerning the publicly owned utility
  267  which may be required by the authority in adjusting the utility
  268  project charge.
  269         1. If the authority determines that an adjustment to the
  270  utility project charge is required, the adjustment shall be made
  271  using the methodology specified in the financing resolution.
  272         2. The adjustment may not impose the utility project charge
  273  on a class of customers that was not subject to the utility
  274  project charge pursuant to the financing resolution imposing the
  275  utility project charge.
  276         (d) Revenues from a utility project charge are special
  277  revenues of the authority and do not constitute revenue of the
  278  local agency or its publicly owned utility for any purpose,
  279  including, but not limited to, any dedication, commitment, or
  280  pledge of revenue, receipts, or other income that the local
  281  agency or its publicly owned utility has made or will make for
  282  the security of any of its obligations.
  283         (e) The local agency or its publicly owned utility shall
  284  act as a servicing agent for collecting the utility project
  285  charge throughout the duration of the servicing agreement
  286  required by the financing resolution. The local agency or its
  287  publicly owned utility shall hold the money collected in trust
  288  for the exclusive benefit of the persons entitled to have the
  289  financing costs paid from the utility project charge and the
  290  money does not lose its character as revenues of the authority
  291  by virtue of possession by the local agency or its publicly
  292  owned utility.
  293         (f) The timely and complete payment of all utility project
  294  charges by the customer shall be a condition of receiving water,
  295  wastewater, electric, or stormwater service from the publicly
  296  owned utility. The local agency or its publicly owned utility
  297  may use its established collection policies and remedies
  298  provided under law to enforce collection of the utility project
  299  charge. A customer liable for a utility project charge may not
  300  withhold payment, in whole or in part, thereof.
  301         (g) The pledge of a utility project charge to secure
  302  payment of utility cost containment bonds is irrevocable, and
  303  the state, or any other entity, may not reduce, impair, or
  304  otherwise adjust the utility project charge, except that the
  305  authority shall implement the periodic adjustments to the
  306  utility project charge as provided under this subsection.
  307         (6) UTILITY PROJECT PROPERTY.—
  308         (a) A utility project charge constitutes utility project
  309  property on the effective date of the financing resolution
  310  authorizing such utility project charge. Utility project
  311  property constitutes property, including for contracts securing
  312  utility cost containment bonds, regardless of whether the
  313  revenues and proceeds arising with respect to the utility
  314  project property have accrued. Utility project property shall
  315  continuously exist as property for all purposes with all of the
  316  rights and privileges of this section for the period provided in
  317  the financing resolution or until all financing costs with
  318  respect to the related utility cost containment bonds are paid
  319  in full, whichever occurs first.
  320         (b) Upon the effective date of the financing resolution,
  321  the utility project property is subject to a first priority
  322  statutory lien to secure the payment of the utility cost
  323  containment bonds.
  324         1. The lien secures the payment of all financing costs then
  325  existing or subsequently arising to the holders of the utility
  326  cost containment bonds, the trustee or representative for the
  327  holders of the utility cost containment bonds, and any other
  328  entity specified in the financing resolution or the documents
  329  relating to the utility cost containment bonds.
  330         2. The lien attaches to the utility project property
  331  regardless of the current ownership of the utility project
  332  property, including any local agency or its publicly owned
  333  utility, the authority, or other person.
  334         3. Upon the effective date of the financing resolution, the
  335  lien is valid and enforceable against the owner of the utility
  336  project property and all third parties, and additional public
  337  notice is not required.
  338         4.The lien is a continuously perfected lien on all
  339  revenues and proceeds generated from the utility project
  340  property, regardless of whether the revenues or proceeds have
  341  accrued.
  342         (c) All revenues with respect to utility project property
  343  related to utility cost containment bonds, including payments of
  344  the utility project charge, shall be applied first to the
  345  payment of the financing costs of the utility cost containment
  346  bonds then due, including the funding of reserves for the
  347  utility cost containment bonds. Any excess revenues shall be
  348  applied as determined by the authority for the benefit of the
  349  utility for which the utility cost containment bonds were
  350  issued.
  351         (7) UTILITY COST CONTAINMENT BONDS.—
  352         (a) Utility cost containment bonds shall be issued within
  353  the parameters of the financing provided by the authority
  354  pursuant to this section. The proceeds of the utility cost
  355  containment bonds made available to the local agency or its
  356  publicly owned utility shall be used for the utility project
  357  identified in the application for financing of the utility
  358  project or used to refinance indebtedness of the local agency
  359  which financed or refinanced utility projects.
  360         (b) Utility cost containment bonds shall be issued in
  361  accordance with this section and s. 163.01(7)(g)8., Florida
  362  Statutes, and may be validated pursuant to s. 163.01(7)(g)9.,
  363  Florida Statutes.
  364         (c) The authority shall pledge the utility project property
  365  as security for the payment of the utility cost containment
  366  bonds. All rights of an authority with respect to utility
  367  project property pledged as security for the payment of utility
  368  cost containment bonds shall be for the benefit of, and
  369  enforceable by, the beneficiaries of the pledge to the extent
  370  provided in the financing documents relating to the utility cost
  371  containment bonds.
  372         1. If utility project property is pledged as security for
  373  the payment of utility cost containment bonds, the local agency
  374  or its publicly owned utility shall enter into a contract with
  375  the authority which requires, at a minimum, that the publicly
  376  owned utility:
  377         a. Continue to operate its publicly owned utility,
  378  including the utility project that is being financed or
  379  refinanced.
  380         b. Collect the utility project charge from customers for
  381  the benefit and account of the authority and the beneficiaries
  382  of the pledge of the utility project charge.
  383         c. Separately account for and remit revenue from the
  384  utility project charge to, or for the account of, the authority.
  385         2. The pledge of a utility project charge to secure payment
  386  of utility cost containment bonds is irrevocable, and the state
  387  or any other entity may not reduce, impair, or otherwise adjust
  388  the utility project charge, except that the authority shall
  389  implement periodic adjustments to the utility project charge as
  390  provided under subsection (5).
  391         (d) Utility cost containment bonds shall be nonrecourse to
  392  the credit or any assets of the local agency or the publicly
  393  owned utility but shall be payable from, and secured by a pledge
  394  of, the utility project property relating to the utility cost
  395  containment bonds and any additional security or credit
  396  enhancement specified in the documents relating to the utility
  397  cost containment bonds. If, pursuant to subsection (4), the
  398  authority is financing the project through a single-purpose
  399  limited liability company, the utility cost containment bonds
  400  shall be payable from, and secured by, a pledge of amounts paid
  401  by the company to the authority from the applicable utility
  402  project property. This provision shall be the exclusive method
  403  of perfecting a pledge of utility project property by the
  404  company securing the payment of financing costs under any
  405  agreement of the company in connection with the issuance of
  406  utility cost containment bonds.
  407         (e) The issuance of utility cost containment bonds does not
  408  obligate the state or any political subdivision thereof to levy
  409  or to pledge any form of taxation to pay the utility cost
  410  containment bonds or to make any appropriation for their
  411  payment. All utility cost containment bonds must contain on
  412  their face a statement in substantially the following form:
  413  
  414   “Neither the full faith and credit nor the taxing power of the  
  415  State of Florida or any political subdivision thereof is pledged 
  416   to the payment of the principal of, or interest on, this bond.” 
  417  
  418         (f) Notwithstanding any other law or this section, a
  419  financing resolution or other resolution of the authority, or
  420  documents relating to utility cost containment bonds, the
  421  authority may not rescind, alter, or amend any resolution or
  422  document that pledges utility cost charges for payment of
  423  utility cost containment bonds.
  424         (g) Subject to the terms of the pledge document created
  425  under this part, the validity and relative priority of a pledge
  426  is not defeated or adversely affected by the commingling of
  427  revenues generated by the utility project property with other
  428  funds of the local agency or the publicly owned utility
  429  collecting a utility project charge on behalf of an authority.
  430         (h) Financing costs in connection with utility cost
  431  containment bonds are a special obligation of the authority and
  432  do not constitute a liability of the state or any political
  433  subdivision thereof. Financing costs are not a pledge of the
  434  full faith and credit of the state or any political subdivision
  435  thereof, including the authority, but are payable solely from
  436  the funds in the documents relating to the utility cost
  437  containment bonds. This provision does not preclude guarantees
  438  or credit enhancements in connection with utility cost
  439  containment bonds.
  440         (i) Except as otherwise provided in this section with
  441  respect to adjustments to a utility project charge, the recovery
  442  of the financing costs for the utility cost containment bonds
  443  from the utility project charge shall be irrevocable and the
  444  authority does not have the power, either by rescinding,
  445  altering, or amending the applicable financing resolution, to
  446  revalue or revise for ratemaking purposes the financing costs of
  447  utility cost containment bonds; to determine that the financing
  448  costs for the related utility cost containment bonds or the
  449  utility project charge is unjust or unreasonable; or to in any
  450  way reduce or impair the value of utility project property that
  451  includes the utility project charge, either directly or
  452  indirectly. The amount of revenues arising with respect to the
  453  financing costs for the related utility cost containment bonds
  454  or the utility project charge are not subject to reduction,
  455  impairment, postponement, or termination for any reason until
  456  all financing costs to be paid from the utility project charge
  457  are fully met and discharged.
  458         (j) Except as provided in subsection (5) with respect to
  459  adjustments to a utility project charge, the state does hereby
  460  pledge and agree with the owners of utility cost containment
  461  bonds that the state shall neither limit nor alter the financing
  462  costs or the utility project property, including the utility
  463  project charge, relating to the utility cost containment bonds,
  464  or any rights in, to, or under the utility project property
  465  until all financing costs with respect to the utility cost
  466  containment bonds are fully met and discharged. This paragraph
  467  does not preclude limitation or alteration if adequate provision
  468  is made by law for the protection of the owners. The authority
  469  may include this pledge by the state in the governing documents
  470  for utility cost containment bonds.
  471         (8) LIMITATION ON DEBT RELIEF.—Notwithstanding any other
  472  law, an authority that issued utility cost containment bonds may
  473  not, and no governmental officer or organization shall so
  474  authorize the authority to, become a debtor under the United
  475  States Bankruptcy Code or become the subject of any similar case
  476  or proceeding under any other state or federal law if any
  477  payment obligation from utility project property remains with
  478  respect to the utility cost containment bonds.
  479         (9) CONSTRUCTION.—This section and all grants of power and
  480  authority in this section shall be liberally construed to
  481  effectuate their purposes. All incidental powers necessary to
  482  carry into effect the provisions of this section are expressly
  483  granted to, and conferred upon, public entities.
  484         Section 2. This act shall take effect July 1, 2014.
  485  
  486  ================= T I T L E  A M E N D M E N T ================
  487  And the title is amended as follows:
  488         Delete everything before the enacting clause
  489  and insert:
  490                        A bill to be entitled                      
  491         An act relating to utility projects; providing a short
  492         title; providing definitions; authorizing certain
  493         local government entities to finance the costs of a
  494         utility project by issuing utility cost containment
  495         bonds upon application by a local agency; specifying
  496         application requirements; requiring that savings
  497         resulting from the issuance of utility cost
  498         containment bonds be used for the benefit of the
  499         customers of a public utility; requiring any successor
  500         entity of a local agency to assume and perform the
  501         obligations of the local agency with respect to the
  502         financing of a utility project; authorizing an
  503         authority to issue utility cost containment bonds for
  504         specified purposes related to utility projects;
  505         authorizing an authority to form alternate entities to
  506         finance utility projects; requiring the governing body
  507         of the authority to adopt a financing resolution and
  508         impose a utility project charge on customers of a
  509         publicly owned utility as a condition of utility
  510         project financing; specifying required and optional
  511         provisions of the financing resolution; specifying
  512         powers of the authority; requiring the local agency or
  513         its publicly owned utility to assist the authority in
  514         the establishment or adjustment of the utility project
  515         charge; requiring that customers of the public utility
  516         specified in the financing resolution pay the utility
  517         project charge; providing for adjustment of the
  518         utility project charge; establishing ownership of the
  519         revenues of the utility project charge; requiring the
  520         local agency or its publicly owned utility to collect
  521         the utility project charge; conditioning a customer’s
  522         receipt of public utility services on payment of the
  523         utility project charge; authorizing a local agency or
  524         its publicly owned utility to use available remedies
  525         to enforce collection of the utility project charge;
  526         providing that the pledge of the utility project
  527         charge or the utility project property to secure
  528         payment of bonds issued to finance the utility project
  529         is irrevocable and cannot be reduced or impaired
  530         except under certain conditions; providing that a
  531         utility project charge constitutes utility project
  532         property; providing that utility project property is
  533         subject to a lien to secure payment of costs relating
  534         to utility cost containment bonds; establishing
  535         payment priorities for the use of revenues of the
  536         utility project property; providing for the issuance
  537         and validation of utility cost containment bonds;
  538         securing the payment of utility cost containment bonds
  539         and related costs; providing that utility cost
  540         containment bonds do not obligate the state or any
  541         political subdivision thereof and are not backed by
  542         their full faith and credit and taxing power;
  543         requiring that certain disclosures be printed on
  544         utility cost containment bonds; providing that
  545         financing costs related to utility cost containment
  546         bonds are an obligation of the authority only;
  547         securing the payment of the financing costs of utility
  548         cost containment bonds; prohibiting an authority with
  549         outstanding payment obligations on utility cost
  550         containment bonds from becoming a debtor under certain
  551         federal or state laws; providing for construction;
  552         endowing public entities with certain powers;
  553         providing an effective date.