§ 46-25-60. Reserve funds and appropriations.
To assure the continued operation and solvency of the commission for the carrying out of its corporate purposes:
(1) The commission may create and establish one or more special funds (herein referred to as “capital reserve funds”), and may pay into each capital reserve fund:
(i) Proceeds from the sale of revenue notes or revenue bonds, to the extent provided in the resolution or resolutions of the commission authorizing the issuance thereof; and
(ii) Any other money that may be made available to the commission for the purpose of the fund from any other source. All money held in a capital reserve fund, except as hereinafter provided, shall be used solely for the payment of the principal of revenue bonds secured in whole or in part by the fund or of the sinking fund payments hereinafter mentioned with respect to the revenue bonds, the purchase or redemption of the revenue bonds, the payment of interest on the revenue bonds, or the payment of any redemption premium required to be paid when the revenue bonds are redeemed prior to maturity, provided, that money in the fund shall not be withdrawn therefrom, except for the purpose of making (with respect to revenue bonds secured in whole or in part by the fund) payment when due of principal, interest, redemption premiums, and the sinking fund payments hereinafter mentioned, for the payment of which other money of the commission are not available, if the withdrawal would reduce the amount of the fund to less than the minimum capital reserve requirement established for the fund as hereinafter provided. Any income or interest earned by, or incremental to, any capital reserve fund because of the investment of the funds thereof, may be transferred by the commission to other funds or accounts of the commission if the transfer would not reduce the amount of the capital reserve fund below the minimum capital reserve fund requirement for such fund.
(2) The commission shall not at any time issue revenue bonds secured in whole or in part by a capital reserve fund if, upon the issuance of the revenue bonds, the amount of the capital reserve fund would be less than the minimum capital reserve required for the fund, unless the commission, at the time of issuance of the revenue bonds, shall deposit in the fund from the proceeds of the revenue bonds so to be issued, or from other sources, an amount that, together with the amount then in the fund, is not less than the minimum capital reserve fund requirement for the fund. For the purpose of this section, the term “minimum capital reserve fund requirement” shall mean, as of any particular date of computation, an amount of money, as provided in the resolution or resolutions of the commission authorizing the revenue bonds or revenue notes with respect to which the fund is established, equal to not more than the greatest of the respective amounts, for the current or any future fiscal year of the commission, of annual debt service on the revenue bonds of the commission secured in whole or in part by the fund, the annual debt service for any fiscal year being the amount of money equal to the sum of:
(i) The interest payable during the fiscal year on all revenue bonds secured in whole or in part by the fund outstanding on the date of computation; plus
(ii) The principal amount of all the revenue bonds and revenue bond anticipation notes outstanding on the date of computation that mature during the fiscal year; plus
(iii) All amounts specified in any resolution of the commission authorizing the revenue bonds as payable during the fiscal year as a sinking fund payment with respect to any of the revenue bonds that mature after the fiscal year, all calculated on the assumption that the revenue bonds will after the date of computation, cease to be outstanding by reason, but only by reason, of the payment of revenue bonds when due and application in accordance with the resolution authorizing those revenue bonds of all of the sinking fund payments payable at or after the date of computation.
(3) In computing the amount of the capital reserve funds for the purpose of this section, securities in which all or a portion of the funds shall be invested, shall be valued as provided in the proceedings under which the revenue bonds are authorized, but in no event shall be valued at a value greater than par.
(4) The commission may create and establish such other fund or funds as may be necessary or desirable for its purposes, including, but not limited to, providing for an insurance reserve fund and a replacement reserve fund.
(5) The commission may by resolution permit the issuance of revenue bonds and notes to carry out the purposes of this chapter without establishing a capital reserve fund pursuant to this section and without complying with the limitations set forth in this section. Revenue bonds and notes issued pursuant to this subsection may be secured by such other funds or methods as the commission may in its discretion determine by resolution.
History of Section.P.L. 1989, ch. 557, § 3.
Structure Rhode Island General Laws
Title 46 - Waters and Navigation
Chapter 46-25 - Narragansett Bay Commission
Section 46-25-1. - Short title.
Section 46-25-2. - Legislative findings.
Section 46-25-3. - Definitions.
Section 46-25-4. - Establishment of commission — Purpose.
Section 46-25-5. - General powers.
Section 46-25-6. - Composition of commission — Appointment of members.
Section 46-25-7. - Officers of the commission — Quorum and vote required.
Section 46-25-8. - Compensation — Personnel.
Section 46-25-9. - Appropriated moneys and advances from general fund.
Section 46-25-10. - Acquisition of facilities from municipalities.
Section 46-25-10.1. - Repealed.
Section 46-25-11. - Power to acquire land.
Section 46-25-12. - Interests in land taken.
Section 46-25-13. - Eminent domain procedure.
Section 46-25-14. - Annual report.
Section 46-25-15. - Cooperation with federal government.
Section 46-25-16. - Application for federal and state aid.
Section 46-25-17. - Use of federal and state funds.
Section 46-25-18. - Receipt and deposit of federal funds.
Section 46-25-19. - Sewer connections.
Section 46-25-19.1. - Recording of sewer systems.
Section 46-25-20. - Pipes along highway or railroad.
Section 46-25-21. - Sewer, user fees, charges, and assessments.
Section 46-25-21.1. - Petition in superior court for relief from assessment.
Section 46-25-22. - Payment of sewer user fees, charges and assessments.
Section 46-25-24. - Appropriation of revenues.
Section 46-25-24.1. - Notice of entry.
Section 46-25-25. - Orders as to pretreatment of sewage.
Section 46-25-25.1. - Inspection powers.
Section 46-25-25.2. - Civil penalties.
Section 46-25-25.3. - Criminal penalties.
Section 46-25-25.4. - Enforcement authority and procedure.
Section 46-25-25.5. - Public access to information.
Section 46-25-25.6. - Municipal ordinances.
Section 46-25-26. - Rules and regulations — Notice of rule review.
Section 46-25-27. - Notice of rate hearings.
Section 46-25-28. - Conduct of hearings.
Section 46-25-29. - Notice of decisions by commission.
Section 46-25-30. - Review of decisions.
Section 46-25-31. - Notice of hearings on orders.
Section 46-25-32. - Procedure for hearings on orders.
Section 46-25-33. - Commission expenses as cost of project.
Section 46-25-34. - Cooperation and coordination with other agencies.
Section 46-25-35. - Legislative recommendations.
Section 46-25-36. - Liberal construction.
Section 46-25-37. - Bonds authorized — Maturity — Certification and endorsement.
Section 46-25-38. - Proceeds: Narragansett Bay water quality management district commission fund.
Section 46-25-38.1. - Narragansett Bay environmental enforcement fund.
Section 46-25-39. - Temporary notes.
Section 46-25-40. - Advances from general fund in anticipation of the issue of notes or bonds.
Section 46-25-41. - Bonds and notes tax exempt general obligations of state.
Section 46-25-43. - Investment of receipt pending expenditures.
Section 46-25-44. - Payment of bond issue expenses, interest, and principal.
Section 46-25-45. - Appropriation.
Section 46-25-47. - Applicability of election laws.
Section 46-25-48. - Termination of existence of commission.
Section 46-25-49. - Severability.
Section 46-25-50. - Authority to borrow in anticipation of user fees or state or federal funds.
Section 46-25-51. - Commission notes.
Section 46-25-52. - Security for notes.
Section 46-25-53. - Exemption from taxation.
Section 46-25-54. - Notes as legal investments.
Section 46-25-55. - Noteholders’ rights not to be affected by state.
Section 46-25-56. - Credit of state not pledged.
Section 46-25-58. - Revenue bonds and notes of the commission.
Section 46-25-59. - Security for revenue bonds or revenue notes.
Section 46-25-60. - Reserve funds and appropriations.
Section 46-25-61. - Trust funds.
Section 46-25-62. - Exemption of the commission’s revenue bonds and notes from taxation.
Section 46-25-63. - Revenue notes and bonds as legal investments.
Section 46-25-64. - Agreement of the state of Rhode Island.
Section 46-25-65. - Credit of the state of Rhode Island.
Section 46-25-66. - Remedies of bondholders and noteholders.
Section 46-25-67. - Other statutes and ordinances.