RS 45:1279
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/la/title-45/45-548A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
RS 45:1279
§1279. State pledge
A. For purposes of this Section, the term "bondholder" means a person who holds an energy transition bond, including in book entry form.
B.(1) The state and the Legislature of Louisiana each pledge to and agree with bondholders, the owners of the energy transition property, and other financing parties that, until the financing costs and the energy transition bonds and any ancillary agreements have been paid and performed in full, the state and the Legislature of Louisiana shall not do any of the following:
(a)Alter the provisions of this Part that authorize the commission to create an irrevocable contract right by the issuance of a financing order, to create energy transition property, and to make the energy transition charges imposed by a financing order irrevocable, binding, and nonbypassable charges.
(b)Take or permit any action that impairs or would impair the value of energy transition property.
(c)Take or permit any action that impairs or would impair the rights and remedies of the issuer, any other assignee, such bondholders or other financing parties, or the security for the energy transition bonds or ancillary agreements.
(d)Except as provided for in this Section and except for adjustments under any true-up mechanism established by the commission, reduce, alter, or impair energy transition charges that are to be imposed, collected, and remitted for the benefit of the bondholders and other financing parties until any and all principal, interest, premium, financing costs, and other fees, expenses, or charges incurred, and any contracts to be performed, in connection with the related energy transition bonds have been paid and performed in full.
(2)Nothing in this Subsection shall preclude limitation or alteration if and when full compensation is made by law for the full protection of the energy transition charges imposed, charged, and collected pursuant to a financing order and full protection of the holders of energy transition bonds and any assignee or financing party.
C. Any person or entity that issues energy transition bonds may include the pledges specified in Subsection B of this Section and in R.S. 45:1273(C)(5) in the bonds and related documentation.
Acts 2022, No. 255, §2, eff. June 3, 2022.