ENROLLED
2018 Regular Session
HOUSE BILL NO. 900 (Substitute for House Bill No. 884 by Representative Abramson)
BY REPRESENTATIVE ABRAMSON
1 AN ACT
2 To enact Chapter 3-C of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, to
3 be comprised of R.S. 39:462.1 through 462.6, and 1367(E)(2)(b)(vii), relative to
4 capital outlay finance; to provide a funding source for certain capital outlay
5 expenditures by local government and other political subdivisions; to establish the
6 Louisiana Capital Outlay Revolving Loan Bank; to provide for a board of directors
7 to govern the bank; to provide for membership, duties, and authority of the board;
8 to provide for the adoption of bylaws, rules, and regulations by the board; to provide
9 for the capitalization, administration, investment, and disposition of monies received
10 by the bank; to authorize the bank to incur debt and issue bonds, notes, or other
11 evidences of indebtedness and to guarantee the debt of other certain entities; to
12 authorize loans from the bank to non-state public entities for certain capital outlay
13 projects; to provide procedures for local governments and political subdivisions to
14 enter into such indebtedness and provide for repayment; to exempt interest on such
15 indebtedness from taxation; to provide with respect to loan forgiveness; to provide
16 for effectiveness; and to provide for related matters.
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1 Be it enacted by the Legislature of Louisiana:
2 Section 1. Chapter 3-C of Subtitle I of Title 39 of the Louisiana Revised Statutes of
3 1950, to be comprised of R.S. 39:462.1 through 462.6, and 1367(E)(2)(b)(vii) are hereby
4 enacted to read as follows:
5 CHAPTER 3-C. LOUISIANA CAPITAL OUTLAY REVOLVING LOAN BANK
6 §462.1. Louisiana Capital Outlay Revolving Loan Bank; purposes; establishment;
7 capitalization; disposition of monies; administration
8 A. The legislature finds that:
9 (1) State government has assisted in funding many of the local capital outlay
10 projects that are necessary to provide local facilities, but the result of this state
11 funding has been to either reduce the amount of funding available for state programs
12 and services or ignore the need for assistance to local governments.
13 (2) Even with established state and federal government programs to assist
14 local government with funding needed and necessary for capital projects, including
15 those for clean water and sewerage projects, local governments encounter financial
16 challenges in meeting match funding requirements and other required local
17 contributions required by the existing state capital outlay program and other
18 infrastructure programs.
19 (3) The most effective way of accomplishing the goal of providing for local
20 capital project financing and for preservation of the state fisc over the long term is
21 to establish a low interest rate revolving loan fund to be available for local capital
22 projects to assist participating borrowers in meeting required match requirements and
23 other required local contributions, and provide an alternative means to fund
24 appropriate local projects that would otherwise compete with scarce state funding for
25 state projects.
26 B. In order to continue to provide match funds and other required local
27 contributions to local governments for the planning, design, construction, and
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1 maintenance connected with needed infrastructure projects, it is the purpose of this
2 Chapter to do the following:
3 (1) Provide for the establishment and administration of a bank to make loans
4 from a revolving loan fund and to provide other assistance to local governments for
5 use in meeting match funding requirements or other required local contributions in
6 carrying out or proposing to carry out eligible local infrastructure projects, and enter
7 into such cooperative agreements and interstate compacts as may be necessary and
8 proper to fulfill the purposes of this Chapter.
9 (2) Provide for receipt, administration, and use by the bank of federal funds
10 contributed to it pursuant to federal law, rule, or regulation, funds appropriated or
11 otherwise provided by the state or any local governing authority, and funds derived
12 or contributed from, or otherwise provided by, any other source.
13 (3) Authorize the infrastructure bank to establish and administer a revolving
14 loan fund for eligible infrastructure projects and to use the sums on deposit in,
15 credited to, or otherwise received by the infrastructure bank for the purposes
16 provided herein.
17 §462.2. Louisiana Capital Outlay Revolving Loan Bank; definitions
18 The following terms as used in this Chapter shall have the following
19 meanings:
20 (1) "Approved infrastructure program" means a program through which an
21 infrastructure project may be funded through any of the following sources:
22 (a) State Capital Outlay Budget as provided in R.S. 39:101 et seq.
23 (b) Clean Water State Revolving Fund established pursuant to R.S. 30:2301
24 et seq.
25 (c) Drinking Water Revolving Loan Fund established pursuant to R.S.
26 40:2821 et seq.
27 (2) "Bank" means the Louisiana Capital Outlay Revolving Loan Bank
28 established under this Chapter.
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1 (3) "Bank loan" means any bond, note, or other evidence of indebtedness,
2 or a commitment, pledge, loan, letter of credit, guarantee, subsidy, or other
3 obligation of a local government for an eligible infrastructure project, made for the
4 purpose of satisfying match requirements or other required local contributions, or
5 other eligible project costs to participate in an approved infrastructure program.
6 (4) "Board" means the board of directors of the Louisiana Capital Outlay
7 Revolving Loan Bank.
8 (5) "Certifying department" means the state department or agency with
9 authority to administer and approve an eligible infrastructure project in accordance
10 with laws and regulations governing the respective approved infrastructure program.
11 (6) "Eligible infrastructure project" or "project" means a plan or proposal
12 approved by the respective certifying department with legal authority to administer
13 an approved infrastructure program, which would require or use a local match or
14 other required local contribution, or require additional funding for eligible project
15 costs that can be provided by the infrastructure bank, whether using a bank loan or
16 other assistance in accordance with applicable federal provisions.
17 (7) "Local" or "local government" means a public entity as defined in R.S.
18 39:1431, excluding state departments, agencies, boards and commissions. "Local"
19 and "local government" shall also mean any non-state public entity eligible to apply
20 for and receive funding under the laws and regulations of an approved infrastructure
21 program.
22 §462.3. Louisiana Capital Outlay Revolving Loan Bank; structure; powers; duties
23 A. There is hereby established within the Department of the Treasury the
24 Louisiana Capital Outlay Revolving Loan Bank, hereinafter referred to as "bank",
25 which shall be allocated to the Department of the Treasury in accordance with the
26 provisions of Article IV, Section 1 and Article XIV, Section 6 of the Constitution of
27 Louisiana.
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1 B.(1) The bank shall be governed by a board of directors composed of the
2 statutory members, or their designees, appointed to the State Bond Commission
3 pursuant to R.S. 39:1401.
4 (2) The state treasurer shall serve as chairman of the board and the board
5 may select such other officers as it may deem necessary.
6 (3) The board may adopt bylaws for its own internal organization and
7 governance, including the election of officers and conduct of meetings in accordance
8 with the Open Meetings Law.
9 (4) The board may promulgate rules and regulations, in accordance with the
10 Administrative Procedure Act, for the appointment of committees, for consideration
11 and approval or rejection of applications for bank loans, and for the administration
12 of the bank and fulfillment of any and all responsibilities and duties and exercise of
13 any rights and authority of the bank as provided in this Chapter.
14 (5) The board shall exercise its duties and responsibilities and grant or deny
15 approval to applicants, separate and apart from the independent duties,
16 responsibilities, and review processes of the State Bond Commission.
17 C. The board shall have authority and responsibility for review and approval
18 or denial of applications for bank loans or other assistance requested by a local
19 government for an eligible infrastructure project. No application for a bank loan or
20 other assistance shall be made without the prior approval of the proposed project by
21 the respective certifying department. Each respective certifying department shall
22 retain its discretion, authority, and control over all aspects of the review of any and
23 all construction, engineering, and related technical aspect of a project in accordance
24 with the rules and regulations of the respective approved infrastructure program.
25 D. The bank shall have the powers necessary or convenient to carry out its
26 mission and purpose described in this Chapter, including the following:
27 (1) To sue and be sued.
28 (2) To adopt an official seal and alter the same at its pleasure.
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1 (3) To appoint an executive director to administer the affairs of the bank,
2 who shall be appointed and serve at the pleasure of the board.
3 (4) To make and execute contracts and other agreements, instruments, and
4 documents necessary or convenient for the exercise of its powers and functions under
5 this Chapter, with any federal or state government agency, local government,
6 political subdivision, or other public or private entity, and to act in furtherance of its
7 interests therein, including but not limited to credit enhancement devices, guarantees,
8 pledges, interest rate swap agreements, contracts, and agreements with federal
9 agencies, political subdivisions, public trusts, departments, boards, agencies,
10 commissions of the state, and other parties to the extent necessary or convenient for
11 the implementation of the purpose of the bank as provided for in this Chapter.
12 (5) To receive and administer grants from the federal government or its
13 agencies allotted to the state for the capitalization of the bank, any fund administered
14 by the bank, state funds when required or otherwise made available, or any other
15 funds or property loaned, granted, donated or otherwise provided for the purposes
16 established in this Chapter, subject to compliance with the terms of a federal or state
17 grant, if any, and other applicable state or federal law, rule, or regulation.
18 (6) To make loans from a revolving loan fund, federal funds, or funds on
19 deposit in, credited to, or to be received by the bank, and interest on the loans shall
20 be at or below market interest rates for a period not to exceed ten years from the
21 completion of the construction of the project.
22 (7) To provide the following assistance regarding local government projects:
23 (a) Offer and make or enter into loan guarantees, letters of credit, grants, or
24 other forms of assistance.
25 (b) Provide payments to reduce interest on loans.
26 (c) Make bond interest subsidies for bonds.
27 (d) Provide bond guarantees.
28 (e) Assist with respect to the non-federal share of project costs.
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1 (f) Finance the cost of and the preparation of project plans, specifications,
2 and estimates for construction.
3 (g) Secure the principal, interest, and premium, if any, on bonds or other
4 evidence of indebtedness issued for a project, if the proceeds of the bonds are:
5 (i) Deposited into the revolving loan fund of the bank.
6 (ii) Used only to pay for a project or to refund any obligation, the proceeds
7 of which are used to pay for a project to the extent provided and allowed by the
8 terms the obligation of a federal grant, or the terms of any other type of loan, grant,
9 or donation received for the purposes provided for in this Chapter.
10 (h) Improve credit market access by guaranteeing, arranging, or purchasing
11 bond insurance or other credit enhancement devices for debt obligations issued for
12 an eligible infrastructure project.
13 (8) To finance any programs which the federal government authorizes by a
14 grant made for purposes of the revolving loan fund or made for purposes for which
15 the revolving loan fund is authorized.
16 (9) To provide for any other expenditure consistent with a federal grant
17 program and state law.
18 (10) To establish, by rule, a schedule of reasonable fees and charges to pay
19 the costs of administering the bank.
20 E. Money needed for the operation of the bank or on deposit in the revolving
21 loan fund shall be invested by the state treasurer as provided by law, except as may
22 be limited by federal law or the terms and conditions of any grant related to money
23 deposited in the revolving loan fund. All interest earned on investments shall be
24 credited to the revolving loan fund.
25 §462.4. Louisiana Capital Outlay Revolving Loan Bank Fund; revolving loan fund;
26 loans for infrastructure projects; authorizing and issuing debt; security;
27 interest rates; tax exemption
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1 A.(1) Notwithstanding any provision of law to the contrary, and in addition
2 to the authority to lend or borrow money or incur or guarantee indebtedness provided
3 by any other provisions of law, sums on deposit in and credited to the bank may be
4 loaned from the revolving loan fund to local governments for use in connection with
5 eligible infrastructure projects. However, this Section shall not be deemed to be the
6 exclusive authority under which a local government may otherwise borrow money
7 or incur indebtedness from other sources.
8 (2)(a) Local governments may enter into bank loans from the revolving loan
9 fund in accordance with this Section, but no such loan shall be made nor debt
10 evidencing the loan shall be issued or incurred without the approval of the board,
11 followed by written approval of the State Bond Commission.
12 (b) No money in the revolving loan fund may be expended or otherwise
13 used, nor any bonds or other evidences of indebtedness or other obligations issued
14 or insured for any specific infrastructure project or for any payment, expenditure,
15 commitment, pledge, loan, letter of credit, guarantee, subsidy, or other activity
16 related to projects or the financing thereof without the approval of the board,
17 followed by written approval of the State Bond Commission.
18 B. All bonds, notes, or other evidence of indebtedness of any local
19 government issued to represent a bank loan shall be authorized and issued pursuant
20 to a resolution or ordinance of the governing authority of that entity, hereinafter
21 referred to collectively as "resolution". The resolution shall prescribe the form and
22 details thereof, including the terms, security for, manner of execution, repayment
23 schedule, and redemption features thereof and the resolution may provide that an
24 officer of that entity may execute in connection with such obligation any related
25 contract, including but not limited to a credit enhancement device, indenture of
26 trust, loan agreement, pledge agreement, or other agreement or contract needed to
27 accomplish the purposes for which the evidence of indebtedness is given, in
28 substantially the form referenced in the resolution, but which final executed credit
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1 enhancement device, indenture of trust, loan agreement, pledge, or other contract or
2 agreement may contain such changes, additions and deletions as shall in the sole
3 opinion of the executing officer be appropriate under the circumstances. The
4 resolution shall include a statement as to the maximum principal amount of any such
5 obligation, the maximum interest rate to be incurred or borne by said obligation or
6 guaranteed by said obligation, the maximum redemption premium, if any, and the
7 maximum term in years for such obligation, guarantee, or pledge.
8 C. Notwithstanding any other provision of law to the contrary, a local
9 government, upon entering into a bank loan as provided in this Chapter, may
10 dedicate and pledge a portion of any revenues it has available to be pledged and
11 dedicated, including, but not limited to revenues from the general revenue fund, sales
12 taxes, sewer user fees, assessments, parcel fees, or ad valorem property taxes, for a
13 sufficient term to repay the obligation from the date of project completion for
14 repayment of the principal of, interest on, and any premium, administrative fee or
15 other fee or cost incurred, in connection with the loan.
16 D. Any evidence of indebtedness authorized pursuant to this Chapter shall
17 bear a rate or rates of interest that shall not exceed the rate or rates set forth in the
18 resolution authorizing and providing for the issuance thereof. Any such rate or rates
19 of interest may be at fixed, variable, or adjustable rates.
20 E. The general laws of the state governing fully registered securities of
21 public entities shall be applicable to the bonds, notes, or other evidence of
22 indebtedness issued pursuant to this Section.
23 F. A resolution authorizing a bank loan pursuant to this Section shall be
24 published once in the official journal of the parish or municipality in which the local
25 government incurring the loan is domiciled. It shall not be necessary to publish
26 exhibits to the resolution, but the exhibits shall be made available for public
27 inspection at the offices of the governing authority of the parish, municipality, or
28 other political subdivision at reasonable times and notice of the availability of these
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1 documents shall be stated in the publication within the official journal. For a period
2 of thirty days after the date of publication, any person in interest may contest the
3 legality of the resolution authorizing the evidence of indebtedness or other bank loan
4 and any provision thereof made for the security and payment of the debt. After such
5 thirty day period, no one shall have any cause or right of action to contest the
6 regularity, formality, legality, or effectiveness of the resolution and the provisions
7 thereof or of the bonds, notes, or other evidence of indebtedness or other bank loan,
8 or to provide for the payment of the debt, or the legality thereof, and all of the
9 provisions of the resolution and such evidence of indebtedness shall be
10 conclusively presumed, and no court shall have authority or jurisdiction to inquire
11 into the matter.
12 G. Interest on bonds, notes, or other evidence of indebtedness issued or any
13 bank loan entered into under the authority of this Section shall be exempt from all
14 taxation. Such bonds, notes, or other evidence of indebtedness or bank loans may
15 be used for deposit with any officer, board, municipality, or other political
16 subdivision of the state, in any case where, by present or future laws, deposit of
17 security is required for state funds.
18 §462.5. General power to issue and incur debt; to issue and undertake guarantees of
19 the debt of other entities
20 A. The bank may issue, incur, and deliver debt evidenced by bonds, notes,
21 or other evidences of indebtedness, payable from or secured by sums deposited in,
22 credited to, or to be received by the bank. The bank is further authorized to
23 undertake and to issue and deliver evidences of its guarantee of the debt of other
24 entities and is authorized to enter into and execute pledges of the sums deposited in,
25 credited to, or to be received by the bank, including payments pursuant to letters of
26 credit, to secure the debt or performance of obligations of a local government for a
27 project. Bonds, notes, or other evidences of indebtedness, guarantees, and pledges
28 issued and delivered pursuant to this authority shall constitute special and limited
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1 obligations of the bank and shall not be secured by the full faith and credit of the
2 state or any source of revenue of the state other than those sums on deposit in or
3 credited to the revolving loan fund, or to be received by the bank, including
4 payments to be made pursuant to letters of credit.
5 B. In no event shall any bond, note, or other evidence of indebtedness, or
6 guarantee, pledge, or other obligation of any type whatsoever entered into by the
7 bank constitute net state tax supported debt within the meaning of Article VII,
8 Section 6(C) of the Constitution of Louisiana.
9 C. Any withdrawal of monies from the revolving loan fund to pay debt
10 service on any bond, note, or other evidence of indebtedness, obligation of guarantee
11 of any debt, or pledge to secure any debt shall not constitute and shall not be subject
12 to appropriation by the legislature as provided by Article III, Section 16 of the
13 Constitution of Louisiana.
14 §462.6. Public purpose only; forgiveness of loans prohibited without notice and
15 two-thirds vote
16 Monies expended under the provisions of this Chapter shall be used
17 exclusively for public purposes and the use of such funds is expressly subject to the
18 limitations established in Article VII, Section 14 of the Louisiana Constitution. No
19 forgiveness or waiver of repayment due on any loan made under the authority of this
20 Chapter shall be effective without the enactment of a legislative instrument receiving
21 two-thirds vote of both houses of the legislature, which instrument shall provide
22 specific reference to the local government's receiving loan forgiveness or waiver of
23 repayment, including the approximate amount being forgiven or waived.
24 * * *
25 §1367. State debt; limitations
26 * * *
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1 E. As used in this Section, the following terms shall have the following
2 meanings ascribed to them unless the context clearly indicates otherwise:
3 * * *
4 (2)
5 * * *
6 (b) "Net state tax supported debt" shall not mean:
7 * * *
8 (vii) Any bond, note, certificate, warrant, reimbursement obligation, or other
9 evidence of indebtedness issued pursuant to R.S. 39:462.1, et seq.
10 Section 2. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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