(a) An authority created pursuant to this subchapter shall be prohibited from engaging in any sham transaction.
(b) For the purposes of this section, a “sham transaction” means the acquisition or construction of an electric project authorized by this subchapter for the purpose of:
(1) A subsequent sale or transfer of the electric project to any municipal electric utility, public utility, or other person engaged in the selling or distributing of electricity to consumers other than a municipal electric utility, public utility, or other person engaged in selling or distributing electricity to consumers that was selling or distributing electricity to consumers on July 16, 2003; or
(2) Providing electric service directly to an end user.
Structure Arkansas Code
Chapter 20 - Interlocal Cooperation Act
Subchapter 4 - Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003
§ 25-20-404. Powers and duties of board of commissioners
§ 25-20-405. Powers of authority
§ 25-20-409. Lien in favor of bond holders
§ 25-20-411. Security deposit of public funds
§ 25-20-412. No personal liability
§ 25-20-414. Tax-exempt status of property owners and income
§ 25-20-416. No public utility status
§ 25-20-417. Annual report and audit
§ 25-20-418. Provisions supplemental and controlling
§ 25-20-421. Effect of other laws
§ 25-20-423. Termination or dissolution