Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 910
       
       
       
       
       
       
                                Ì389346GÎ389346                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2014           .                                
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       following:
       
    1         Senate Substitute for Amendment (549218) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Utility Cost Containment Bond Act.—
    7         (1) SHORT TITLE.—This section may be cited as the “Utility
    8  Cost Containment Bond Act.”
    9         (2)DEFINITIONS.—As used in this section, the term:
   10         (a) “Authority” means an entity created pursuant to s.
   11  163.01(7)(g), Florida Statutes, which provides public utility
   12  services and whose membership consists of at least three
   13  counties. The term includes any successor to the powers and
   14  functions of such an entity.
   15         (b) “Cost,” as applied to a utility project or a portion of
   16  a utility project financed under this act, means any of the
   17  following:
   18         1. Any part of the expense of constructing, renovating or
   19  acquiring lands, structures, real or personal property, rights,
   20  rights-of-way, franchises, easements, and interests acquired or
   21  used for a utility project.
   22         2. The expense of demolishing or removing any buildings or
   23  structures on acquired land, including the expense of acquiring
   24  any lands to which the buildings or structures may be moved, and
   25  the cost of all machinery and equipment used for the demolition
   26  or removal.
   27         3. Finance charges.
   28         4. Interest, as determined by the authority.
   29         5. Provisions for working capital and debt service
   30  reserves.
   31         6. Expenses for extensions, enlargements, additions,
   32  replacements, renovations, and improvements.
   33         7.Expenses for architectural, engineering, financial,
   34  accounting, and legal services, plans, specifications,
   35  estimates, and administration.
   36         8. Any other expense necessary or incidental to determining
   37  the feasibility of constructing any utility project or
   38  incidental to the construction, acquisition, or financing of any
   39  utility project.
   40         (c) “Customer” means a person receiving water, wastewater,
   41  or stormwater service from a publicly owned utility.
   42         (d) “Financing costs” means any of the following:
   43         1. Interest and redemption premiums that are payable on
   44  utility cost containment bonds.
   45         2. The cost of retiring the principal of utility cost
   46  containment bonds, whether at maturity, including acceleration
   47  of maturity upon an event of default, or upon redemption,
   48  including sinking fund redemption.
   49         3. The cost related to issuing or servicing utility cost
   50  containment bonds, including any payment under an interest rate
   51  swap agreement and any type of fee.
   52         4. A payment or expense associated with a bond insurance
   53  policy; financial guaranty; a contract, agreement, or other
   54  credit or liquidity enhancement for bonds; or a contract,
   55  agreement, or other financial agreement entered into in
   56  connection with utility cost containment bonds.
   57         5. Any coverage charges.
   58         6. The funding of one or more reserve accounts relating to
   59  utility cost containment bonds.
   60         (e) “Finance” or “financing” includes refinancing.
   61         (f) “Financing resolution” means a resolution adopted by
   62  the governing body of an authority that provides for the
   63  financing or refinancing of a utility project with utility cost
   64  containment bonds and that imposes a utility project charge in
   65  connection with the utility cost containment bonds in accordance
   66  with subsection (4). A financing resolution may be separate from
   67  a resolution authorizing the issuance of the bonds.
   68         (g) “Governing body” means the body that governs a local
   69  agency.
   70         (h) “Local agency” means a member of the authority, or an
   71  agency or subdivision of that member, which is sponsoring or
   72  refinancing a utility project, or any municipality, county,
   73  authority, special district, public corporation, or other
   74  governmental entity of the state that is sponsoring or
   75  refinancing a utility project.
   76         (i) “Public utility services” means any of the following
   77  services provided by a publicly owned utility:
   78         1. Water.
   79         2. Wastewater.
   80         3. Stormwater.
   81  
   82  The term does not include internet or cable services.
   83         (j) “Publicly owned utility” means a utility furnishing
   84  water, wastewater, or stormwater service that is owned and
   85  operated by a local agency. The term includes any successor to
   86  the powers and functions of such a utility.
   87         (k) “Revenue” means income and receipts of the authority
   88  from any of the following:
   89         1. A bond purchase agreement.
   90         2. Bonds acquired by the authority.
   91         3. Installment sales agreements and other revenue-producing
   92  agreements entered into by the authority.
   93         4. Utility projects financed or refinanced by the
   94  authority.
   95         5. Grants and other sources of income.
   96         6. Moneys paid by a local agency.
   97         7. Interlocal agreements with a local agency.
   98         8. Interest or other income from any investment of money in
   99  any fund or account established for the payment of principal,
  100  interest, or premiums on utility cost containment bonds, or the
  101  deposit of proceeds of utility cost containment bonds.
  102         (l) “Utility cost containment bonds” means bonds, notes,
  103  commercial paper, variable rate securities, and any other
  104  evidence of indebtedness issued by an authority, the proceeds of
  105  which are used directly or indirectly to pay or reimburse a
  106  local agency or its publicly owned utility for the costs of a
  107  utility project, and which are secured by a pledge of, and are
  108  payable from, utility project property.
  109         (m) “Utility project” means the acquisition, construction,
  110  installation, retrofitting, rebuilding, or other addition to or
  111  improvement of any equipment, device, structure, process,
  112  facility, technology, rights, or property located within or
  113  outside this state which is used in connection with the
  114  operations of a publicly owned utility.
  115         (n) “Utility project property” means the property right
  116  created pursuant to subsection (6) including the right, title,
  117  and interest of an authority in any of the following:
  118         1. The financing resolution, the utility project charge,
  119  and any adjustment to the utility project charge established in
  120  accordance with subsection (5).
  121         2. The financing costs of the utility cost containment
  122  bonds and all revenues, and all collections, claims, payments,
  123  moneys, or proceeds for, or arising from, the utility project
  124  charge.
  125         3. All rights to obtain adjustments to the utility project
  126  charge pursuant to subsection (5).
  127         (3) UTILITY PROJECTS.—
  128         (a) A local agency that owns and operates a publicly owned
  129  utility may apply to an authority to finance the costs of a
  130  utility project using the proceeds of utility cost containment
  131  bonds. In its application to the authority, the local agency
  132  shall specify the utility project to be financed by the utility
  133  cost containment bonds and the maximum principal amount, the
  134  maximum interest rate, and the maximum stated terms of the
  135  utility cost containment bonds.
  136         (b) A local agency may not apply to an authority for the
  137  financing of a utility project under this section unless the
  138  governing body has determined, in a duly noticed public meeting,
  139  all of the following:
  140         1. The project to be financed is a utility project.
  141         2. The local agency will finance costs of the utility
  142  project and the financing costs associated with the financing
  143  will be paid from utility project property, including the
  144  utility project charge for the utility cost containment bonds.
  145         3. Based on the best information available to the governing
  146  body, the rates charged to the local agency’s retail customers
  147  by the publicly owned utility, including the utility project
  148  charge resulting from the financing of the utility project with
  149  utility cost containment bonds, are expected to be lower than
  150  the rates that would be charged if the project was financed with
  151  bonds payable from revenues of the publicly owned utility.
  152         (c) A determination by the governing body that a project to
  153  be financed with utility cost containment bonds is a utility
  154  project is final and conclusive, and the utility cost
  155  containment bonds issued to finance the utility project and the
  156  utility project charge shall be valid and enforceable as set
  157  forth in the financing resolution and the documents relating to
  158  the utility cost containment bonds.
  159         (d) The savings resulting from the issuance of utility cost
  160  containment bonds for a utility project must be used to directly
  161  benefit the customers of the publicly owned utility through rate
  162  reductions or other programs.
  163         (e) If a local agency that has outstanding utility cost
  164  containment bonds ceases to operate a water, wastewater, or
  165  stormwater utility, directly or through its publicly owned
  166  utility, references in this section to the local agency or to
  167  its publicly owned utility shall be to the successor entity. The
  168  successor entity shall assume and perform all obligations of the
  169  local agency and its publicly owned utility required by this
  170  section and shall assume the servicing agreement required under
  171  subsection (4) while the utility cost containment bonds remain
  172  outstanding.
  173         (4) FINANCING UTILITY PROJECTS.—
  174         (a) An authority may issue utility cost containment bonds
  175  to finance or refinance utility projects; refinance debt of a
  176  local agency incurred in financing or refinancing utility
  177  projects, provided such refinancing results in present value
  178  savings to the local agency; or, with the approval of the local
  179  agency, refinance previously issued utility cost containment
  180  bonds.
  181         1. To finance a utility project, the authority may:
  182         a. Form a single-purpose limited liability company and
  183  authorize the company to adopt the financing resolution of such
  184  utility project; or
  185         b. Create a new single-purpose entity by interlocal
  186  agreement whose membership shall consist of the authority and
  187  two or more of its members or other public agencies.
  188         2. A single-purpose limited liability company or a single
  189  purpose entity may be created by the authority solely for the
  190  purpose of performing the duties and responsibilities of the
  191  authority specified in this section and shall constitute an
  192  authority for all purposes of this section. Reference to the
  193  authority includes a company or entity created under this
  194  paragraph.
  195         (b) The governing body of an authority that is financing
  196  the costs of a utility project shall adopt a financing
  197  resolution and shall impose a utility project charge as
  198  described in subsection (5). All provisions of a financing
  199  resolution adopted pursuant to this section are binding on the
  200  authority.
  201         1. The financing resolution must:
  202         a. Provide a brief description of the financial calculation
  203  method the authority will use in determining the utility project
  204  charge. The calculation method shall include a periodic
  205  adjustment methodology to be applied at least annually to the
  206  utility project charge. The authority shall establish the
  207  allocation of the utility project charge among classes of
  208  customers of the publicly owned utility. The decision of the
  209  authority shall be final and conclusive, and the method of
  210  calculating the utility project charge and the periodic
  211  adjustment may not be changed;
  212         b. Require each customer in the class or classes of
  213  customers specified in the financing resolution who receives
  214  water, wastewater, or stormwater service through the publicly
  215  owned utility to pay the utility project charge regardless of
  216  whether the customer has an agreement to receive water,
  217  wastewater, or stormwater service from a person other than the
  218  publicly owned utility;
  219         c. Require that the utility project charge be charged
  220  separately from other charges on the bill of customers of the
  221  publicly owned utility in the class or classes of customers
  222  specified in the financing resolution; and
  223         d. Require that the authority enter into a servicing
  224  agreement with the local agency or its publicly owned utility to
  225  collect the utility project charge.
  226         2. The authority may require in the financing resolution
  227  that, in the event of a default by the local agency or its
  228  publicly owned utility with respect to revenues from the utility
  229  project property, the authority, upon application by the
  230  beneficiaries of the statutory lien as set forth in subsection
  231  (6), shall order the sequestration and payment to the
  232  beneficiaries of revenues arising from utility project property.
  233  This provision does not limit any other remedies available to
  234  the beneficiaries by reason of default.
  235         (c) An authority has all the powers provided in this
  236  section and under s. 163.01(7)(g), Florida Statutes.
  237         (5) UTILITY PROJECT CHARGE.—
  238         (a) The authority shall impose a sufficient utility project
  239  charge, based on estimates of water, wastewater, or stormwater
  240  service usage, to ensure timely payment of all financing costs
  241  with respect to utility cost containment bonds. The local agency
  242  or its publicly owned utility shall provide the authority with
  243  information concerning the publicly owned utility which may be
  244  required by the authority in establishing the utility project
  245  charge.
  246         (b) The utility project charge is a nonbypassable charge to
  247  all present and future customers of the publicly owned utility
  248  in the class or classes of customers specified in the financing
  249  resolution upon its adoption. If a customer of the publicly
  250  owned utility that is subject to a utility project charge enters
  251  into an agreement to purchase water, wastewater, or stormwater
  252  service from a supplier other than the publicly owned utility,
  253  the customer shall remain liable for the payment of the utility
  254  project charge if the customer has received any service or
  255  benefit from the publicly owned utility subsequent to the date
  256  the utility project charged is imposed.
  257         (c) The authority shall determine at least annually and at
  258  such additional intervals as provided in the financing
  259  resolution and documents related to the applicable utility cost
  260  containment bonds whether adjustments to the utility project
  261  charge are required. The authority shall use the adjustment to
  262  correct for any overcollection or undercollection of financing
  263  costs from the utility project charge or to make any other
  264  adjustment necessary to ensure the timely payment of the
  265  financing costs of the utility cost containment bonds, including
  266  adjustment of the utility project charge to pay any debt service
  267  coverage requirement for the utility cost containment bonds. The
  268  local agency or its publicly owned utility shall provide the
  269  authority with information concerning the publicly owned utility
  270  which may be required by the authority in adjusting the utility
  271  project charge.
  272         1. If the authority determines that an adjustment to the
  273  utility project charge is required, the adjustment shall be made
  274  using the methodology specified in the financing resolution.
  275         2. The adjustment may not impose the utility project charge
  276  on a class of customers that was not subject to the utility
  277  project charge pursuant to the financing resolution imposing the
  278  utility project charge.
  279         (d) Revenues from a utility project charge are special
  280  revenues of the authority and do not constitute revenue of the
  281  local agency or its publicly owned utility for any purpose,
  282  including, but not limited to, any dedication, commitment, or
  283  pledge of revenue, receipts, or other income that the local
  284  agency or its publicly owned utility has made or will make for
  285  the security of any of its obligations.
  286         (e) The local agency or its publicly owned utility shall
  287  act as a servicing agent for collecting the utility project
  288  charge throughout the duration of the servicing agreement
  289  required by the financing resolution. The local agency or its
  290  publicly owned utility shall hold the money collected in trust
  291  for the exclusive benefit of the persons entitled to have the
  292  financing costs paid from the utility project charge and the
  293  money does not lose its character as revenues of the authority
  294  by virtue of possession by the local agency or its publicly
  295  owned utility.
  296         (f) The timely and complete payment of all utility project
  297  charges by the customer shall be a condition of receiving water,
  298  wastewater, or stormwater service from the publicly owned
  299  utility. The local agency or its publicly owned utility may use
  300  its established collection policies and remedies provided under
  301  law to enforce collection of the utility project charge. A
  302  customer liable for a utility project charge may not withhold
  303  payment, in whole or in part, thereof.
  304         (g) The pledge of a utility project charge to secure
  305  payment of utility cost containment bonds is irrevocable, and
  306  the state, or any other entity, may not reduce, impair, or
  307  otherwise adjust the utility project charge, except that the
  308  authority shall implement the periodic adjustments to the
  309  utility project charge as provided under this subsection.
  310         (6) UTILITY PROJECT PROPERTY.—
  311         (a) A utility project charge constitutes utility project
  312  property on the effective date of the financing resolution
  313  authorizing such utility project charge. Utility project
  314  property constitutes property, including for contracts securing
  315  utility cost containment bonds, regardless of whether the
  316  revenues and proceeds arising with respect to the utility
  317  project property have accrued. Utility project property shall
  318  continuously exist as property for all purposes with all of the
  319  rights and privileges of this section for the period provided in
  320  the financing resolution or until all financing costs with
  321  respect to the related utility cost containment bonds are paid
  322  in full, whichever occurs first.
  323         (b) Upon the effective date of the financing resolution,
  324  the utility project property is subject to a first priority
  325  statutory lien to secure the payment of the utility cost
  326  containment bonds.
  327         1. The lien secures the payment of all financing costs then
  328  existing or subsequently arising to the holders of the utility
  329  cost containment bonds, the trustee or representative for the
  330  holders of the utility cost containment bonds, and any other
  331  entity specified in the financing resolution or the documents
  332  relating to the utility cost containment bonds.
  333         2. The lien attaches to the utility project property
  334  regardless of the current ownership of the utility project
  335  property, including any local agency or its publicly owned
  336  utility, the authority, or other person.
  337         3. Upon the effective date of the financing resolution, the
  338  lien is valid and enforceable against the owner of the utility
  339  project property and all third parties, and additional public
  340  notice is not required.
  341         4.The lien is a continuously perfected lien on all
  342  revenues and proceeds generated from the utility project
  343  property, regardless of whether the revenues or proceeds have
  344  accrued.
  345         (c) All revenues with respect to utility project property
  346  related to utility cost containment bonds, including payments of
  347  the utility project charge, shall be applied first to the
  348  payment of the financing costs of the utility cost containment
  349  bonds then due, including the funding of reserves for the
  350  utility cost containment bonds. Any excess revenues shall be
  351  applied as determined by the authority for the benefit of the
  352  utility for which the utility cost containment bonds were
  353  issued.
  354         (7) UTILITY COST CONTAINMENT BONDS.—
  355         (a) Utility cost containment bonds shall be issued within
  356  the parameters of the financing provided by the authority
  357  pursuant to this section. The proceeds of the utility cost
  358  containment bonds made available to the local agency or its
  359  publicly owned utility shall be used for the utility project
  360  identified in the application for financing of the utility
  361  project or used to refinance indebtedness of the local agency
  362  which financed or refinanced utility projects.
  363         (b) Utility cost containment bonds shall be issued in
  364  accordance with this section and s. 163.01(7)(g)8., Florida
  365  Statutes, and may be validated pursuant to s. 163.01(7)(g)9.,
  366  Florida Statutes.
  367         (c) The authority shall pledge the utility project property
  368  as security for the payment of the utility cost containment
  369  bonds. All rights of an authority with respect to utility
  370  project property pledged as security for the payment of utility
  371  cost containment bonds shall be for the benefit of, and
  372  enforceable by, the beneficiaries of the pledge to the extent
  373  provided in the financing documents relating to the utility cost
  374  containment bonds.
  375         1. If utility project property is pledged as security for
  376  the payment of utility cost containment bonds, the local agency
  377  or its publicly owned utility shall enter into a contract with
  378  the authority which requires, at a minimum, that the publicly
  379  owned utility:
  380         a. Continue to operate its publicly owned utility,
  381  including the utility project that is being financed or
  382  refinanced;
  383         b. Collect the utility project charge from customers for
  384  the benefit and account of the authority and the beneficiaries
  385  of the pledge of the utility project charge; and
  386         c. Separately account for and remit revenue from the
  387  utility project charge to, or for the account of, the authority.
  388         2. The pledge of a utility project charge to secure payment
  389  of utility cost containment bonds is irrevocable, and the state
  390  or any other entity may not reduce, impair, or otherwise adjust
  391  the utility project charge, except that the authority shall
  392  implement periodic adjustments to the utility project charge as
  393  provided under subsection (5).
  394         (d) Utility cost containment bonds shall be nonrecourse to
  395  the credit or any assets of the local agency or the publicly
  396  owned utility but shall be payable from, and secured by a pledge
  397  of, the utility project property relating to the utility cost
  398  containment bonds and any additional security or credit
  399  enhancement specified in the documents relating to the utility
  400  cost containment bonds. If, pursuant to subsection (4), the
  401  authority is financing the project through a single-purpose
  402  limited liability company, the utility cost containment bonds
  403  shall be payable from, and secured by, a pledge of amounts paid
  404  by the company to the authority from the applicable utility
  405  project property. This provision shall be the exclusive method
  406  of perfecting a pledge of utility project property by the
  407  company securing the payment of financing costs under any
  408  agreement of the company in connection with the issuance of
  409  utility cost containment bonds.
  410         (e) The issuance of utility cost containment bonds does not
  411  obligate the state or any political subdivision thereof to levy
  412  or to pledge any form of taxation to pay the utility cost
  413  containment bonds or to make any appropriation for their
  414  payment. All utility cost containment bonds must contain on
  415  their face a statement in substantially the following form:
  416  
  417   “Neither the full faith and credit nor the taxing power of the  
  418  State of Florida or any political subdivision thereof is pledged 
  419   to the payment of the principal of, or interest on, this bond.” 
  420  
  421         (f) Notwithstanding any other law or this section, a
  422  financing resolution or other resolution of the authority, or
  423  documents relating to utility cost containment bonds, the
  424  authority may not rescind, alter, or amend any resolution or
  425  document that pledges utility cost charges for payment of
  426  utility cost containment bonds.
  427         (g) Subject to the terms of the pledge document created
  428  under this part, the validity and relative priority of a pledge
  429  is not defeated or adversely affected by the commingling of
  430  revenues generated by the utility project property with other
  431  funds of the local agency or the publicly owned utility
  432  collecting a utility project charge on behalf of an authority.
  433         (h) Financing costs in connection with utility cost
  434  containment bonds are a special obligation of the authority and
  435  do not constitute a liability of the state or any political
  436  subdivision thereof. Financing costs are not a pledge of the
  437  full faith and credit of the state or any political subdivision
  438  thereof, including the authority, but are payable solely from
  439  the funds in the documents relating to the utility cost
  440  containment bonds. This provision does not preclude guarantees
  441  or credit enhancements in connection with utility cost
  442  containment bonds.
  443         (i) Except as otherwise provided in this section with
  444  respect to adjustments to a utility project charge, the recovery
  445  of the financing costs for the utility cost containment bonds
  446  from the utility project charge shall be irrevocable and the
  447  authority does not have the power, either by rescinding,
  448  altering, or amending the applicable financing resolution, to
  449  revalue or revise for ratemaking purposes the financing costs of
  450  utility cost containment bonds; to determine that the financing
  451  costs for the related utility cost containment bonds or the
  452  utility project charge is unjust or unreasonable; or to in any
  453  way reduce or impair the value of utility project property that
  454  includes the utility project charge, either directly or
  455  indirectly. The amount of revenues arising with respect to the
  456  financing costs for the related utility cost containment bonds
  457  or the utility project charge are not subject to reduction,
  458  impairment, postponement, or termination for any reason until
  459  all financing costs to be paid from the utility project charge
  460  are fully met and discharged.
  461         (j) Except as provided in subsection (5) with respect to
  462  adjustments to a utility project charge, the state does hereby
  463  pledge and agree with the owners of utility cost containment
  464  bonds that the state shall neither limit nor alter the financing
  465  costs or the utility project property, including the utility
  466  project charge, relating to the utility cost containment bonds,
  467  or any rights in, to, or under the utility project property
  468  until all financing costs with respect to the utility cost
  469  containment bonds are fully met and discharged. This paragraph
  470  does not preclude limitation or alteration if adequate provision
  471  is made by law for the protection of the owners. The authority
  472  may include this pledge by the state in the governing documents
  473  for utility cost containment bonds.
  474         (8) LIMITATION ON DEBT RELIEF.—Notwithstanding any other
  475  law, an authority that issued utility cost containment bonds may
  476  not, and no governmental officer or organization shall so
  477  authorize the authority to, become a debtor under the United
  478  States Bankruptcy Code or become the subject of any similar case
  479  or proceeding under any other state or federal law if any
  480  payment obligation from utility project property remains with
  481  respect to the utility cost containment bonds.
  482         (9) CONSTRUCTION.—This section and all grants of power and
  483  authority in this section shall be liberally construed to
  484  effectuate their purposes. All incidental powers necessary to
  485  carry into effect the provisions of this section are expressly
  486  granted to, and conferred upon, public entities.
  487         Section 2. This act shall take effect July 1, 2014.
  488  
  489  ================= T I T L E  A M E N D M E N T ================
  490  And the title is amended as follows:
  491         Delete everything before the enacting clause
  492  and insert:
  493                        A bill to be entitled                      
  494         An act relating to utility projects; providing a short
  495         title; providing definitions; authorizing certain
  496         local government entities to finance the costs of a
  497         utility project by issuing utility cost containment
  498         bonds upon application by a local agency; specifying
  499         application requirements; requiring that savings
  500         resulting from the issuance of utility cost
  501         containment bonds be used for the benefit of the
  502         customers of a public utility; requiring any successor
  503         entity of a local agency to assume and perform the
  504         obligations of the local agency with respect to the
  505         financing of a utility project; authorizing an
  506         authority to issue utility cost containment bonds for
  507         specified purposes related to utility projects;
  508         authorizing an authority to form alternate entities to
  509         finance utility projects; requiring the governing body
  510         of the authority to adopt a financing resolution and
  511         impose a utility project charge on customers of a
  512         publicly owned utility as a condition of utility
  513         project financing; specifying required and optional
  514         provisions of the financing resolution; specifying
  515         powers of the authority; requiring the local agency or
  516         its publicly owned utility to assist the authority in
  517         the establishment or adjustment of the utility project
  518         charge; requiring that customers of the public utility
  519         specified in the financing resolution pay the utility
  520         project charge; providing for adjustment of the
  521         utility project charge; establishing ownership of the
  522         revenues of the utility project charge; requiring the
  523         local agency or its publicly owned utility to collect
  524         the utility project charge; conditioning a customer’s
  525         receipt of public utility services on payment of the
  526         utility project charge; authorizing a local agency or
  527         its publicly owned utility to use available remedies
  528         to enforce collection of the utility project charge;
  529         providing that the pledge of the utility project
  530         charge or the utility project property to secure
  531         payment of bonds issued to finance the utility project
  532         is irrevocable and cannot be reduced or impaired
  533         except under certain conditions; providing that a
  534         utility project charge constitutes utility project
  535         property; providing that utility project property is
  536         subject to a lien to secure payment of costs relating
  537         to utility cost containment bonds; establishing
  538         payment priorities for the use of revenues of the
  539         utility project property; providing for the issuance
  540         and validation of utility cost containment bonds;
  541         securing the payment of utility cost containment bonds
  542         and related costs; providing that utility cost
  543         containment bonds do not obligate the state or any
  544         political subdivision thereof and are not backed by
  545         their full faith and credit and taxing power;
  546         requiring that certain disclosures be printed on
  547         utility cost containment bonds; providing that
  548         financing costs related to utility cost containment
  549         bonds are an obligation of the authority only;
  550         securing the payment of the financing costs of utility
  551         cost containment bonds; prohibiting an authority with
  552         outstanding payment obligations on utility cost
  553         containment bonds from becoming a debtor under certain
  554         federal or state laws; providing for construction;
  555         endowing public entities with certain powers;
  556         providing an effective date.