§ 30:2552 — Brownfields Cleanup Revolving Loan Fund Program; authority to make loans and

Louisiana § 30:2552

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§2552. Brownfields Cleanup Revolving Loan Fund Program; authority to make loans and
grants; incur debt; tax exemption
A. Any political subdivision, public trust, quasi governmental organization, or
eligible nonprofit or private entity, except as provided in R.S. 30:2551(C), is hereby
authorized to make loans from and incur debt payable to the department in accordance with
the provisions of this Section. The making of a loan from the Brownfields Cleanup
Revolving Loan Fund and the issuance of debt evidencing such loan by any political
subdivision, eligible nonprofit organization, or eligible private entity shall be approved by
the State Bond Commission. This Section shall not be deemed to be the exclusive authority
under which a political subdivision, eligible nonprofit organization, or eligible private entity
may borrow money from or incur indebtedness to the department. The department shall
aggressively pursue leveraging of all funds to the maximum amount allowable by law.
B. All bonds, notes, or other evidence of indebtedness of any political subdivision,
public trust, quasi governmental organization, or eligible nonprofit or private entity issued
to represent a loan from the department or the fund shall be authorized and issued pursuant
to a resolution of the governing authority of such entity, which resolution shall prescribe the
form and details thereof, including the terms, security for, manner of execution, repayment
schedule, and redemption features thereof, and such resolution may provide that an officer
of such entity may execute in connection with such obligation any related contract, including
but not limited to a credit enhancement device, indenture of trust, loan agreement, pledge
agreement, or other agreement or contract needed to accomplish the purposes for which the
evidence of indebtedness is given, in substantially the form attached to the resolution, but
which final executed credit enhancement device, indenture of trust, loan agreement, pledge,
or other contract or agreement may contain such changes, additions, and deletions as shall
in the sole opinion of the executing officer be appropriate under the circumstances. Any such
resolution shall include a statement as to the maximum principal amount of any such
obligation, the maximum interest rate to be incurred or borne by the obligation or guaranteed
by the obligation, the maximum redemption premium, if any, and the maximum term in years
for such obligation, guarantee, or pledge.
C. Notwithstanding any other provision of law to the contrary, a political
subdivision, public trust, quasi governmental organization, or eligible nonprofit entity, upon
entering into a loan in accordance with the fund as provided in R.S. 30:2551, may dedicate
and pledge a portion of any revenues it has available to it, including but not limited to
revenues from the general revenue fund, sales taxes, assessments, or property taxes of the
political subdivision, for a term not exceeding twenty years from the date of project
completion for repayment of the principal of, interest on, and any premium, administrative
fee, or other fee, or cost imposed by the department in connection with such loan.
D.(1) Bonds, notes, or other evidence of indebtedness of any political subdivision,
quasi governmental organization, or public trust shall be sold at a private, negotiated sale to
the department at such price or prices, including premiums and discounts, as shall be
authorized in the resolution of the political subdivision, quasi governmental organization, or
public trust authorizing the issuance of any such obligation and agreed to by the department.
The general laws of the state governing fully registered securities of public entities shall be
applicable to the bonds, notes, or other evidence of indebtedness issued pursuant to this
Section.
(2) All resolutions authorizing the issuance of bonds, notes, or other evidence of
indebtedness pursuant to this Section shall be published once in the official journal of the
political subdivision, quasi governmental organization, or public trust incurring said debt.
It shall not be necessary to publish exhibits to any such resolution, but such exhibits shall be
made available for public inspection at the offices of the governing authority of the political
subdivision, quasi governmental organization, or public trust at reasonable times, and such
fact must be stated in the publication within the official journal. For a period of thirty days
after the date of such publication any persons in interest may contest the legality of the
resolution authorizing such evidence of indebtedness and any provisions thereof made for
the security and payment thereof. After such thirty-day period no one shall have any cause
or right of action to contest the regularity, formality, legality, or effectiveness of said
resolution and the provisions thereof or of the bonds, notes, or other evidence of
indebtedness authorized thereby for any cause whatsoever. If no suit, action, or proceeding
is begun contesting the validity of the bonds, notes, or other evidence of indebtedness
authorized pursuant to such resolution within the thirty days prescribed by this Subsection,
the authority to issue the bonds, notes, or other evidence of indebtedness, or to provide for
the payment thereof, and the legality thereof, and all of the provisions of the resolution and
such evidence of indebtedness shall be conclusively presumed, and no court shall have
authority or jurisdiction to inquire into any such matter.
E. Bonds, notes, or other evidence of indebtedness issued under the authority of this
Section shall be exempt from all taxation for state, parish, municipal, or other purposes.
Such bonds, notes, or other evidence of indebtedness shall be legal and authorized
investments for banks, savings banks, insurance companies, any other financial institution,
tutors of minors, curators of interdicts, trustees, and other fiduciaries. Such bonds, notes, or
other evidence of indebtedness may be used for deposit with any officer, board, or political
subdivision of the state, in any case where, by law, deposit of security is required for state
funds.

Legislative History

Acts 2004, No. 655, §1; Acts 2018, No. 612, §9, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020; Acts 2020, No. 91, §§1, 3, eff. June 5, 2020.