AB843: Bill Text

AB843,10,22 4. If an energy utility defaults on any required payment of revenues arising from environmental control property specified in a financing order, the commission or a court, upon application by an interested party, and without limiting any other remedies available to the applying party, shall order the sequestration and payment of the revenues. Any such order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the energy utility.

AB843,11,2 5. The interest of an assignee or pledgee in environmental control property specified in a financing order issued to an energy utility, and in the revenue and collections arising from that property, are not subject to setoff, counterclaim, surcharge, or defense by the energy utility or any other person or in connection with the bankruptcy of the energy utility or any other entity.

AB843,11,9 6. Any successor to an energy utility, whether pursuant to any bankruptcy, reorganization, or other insolvency proceeding, or pursuant to any merger or acquisition, sale, or transfer by operation of law, as a result of energy utility restructuring or otherwise, shall perform and satisfy all obligations of the energy utility under a financing order in the same manner and to the same extent as the energy utility including collecting and paying to the person entitled to receive them revenues with respect to the environmental control property.

AB843,11,15 (b) Security interests. Except as otherwise provided in this paragraph, the creation, perfection, and enforcement of security interests in environmental control property to secure environmental trust bonds are governed by ch. 409. Notwithstanding ch. 409, with regard to creating, perfecting, and enforcing a valid security interest in environmental control property to secure environmental trust bonds, all of the following apply:

AB843,11,18 1. The description of environmental control property in a security agreement is sufficient if the description refers to this section and the financing order creating the environmental control property.

AB843,11,25 2. A security interest is created, valid, binding, and perfected at the time a security agreement is made and attaches without any physical delivery of collateral or other act, and the lien of such security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the person granting the security interest, regardless of whether such parties have notice of the lien. The filing or recording of a financial statement or instrument in which such a security interest is created is not required.

AB843,12,4 3. A security interest in environmental control property is a continuously perfected security interest and has priority over any other lien created by operation of law or otherwise, which subsequently attaches to the environmental control property.

AB843,12,7 4. The priority of a security interest created under this paragraph is not affected by the commingling of proceeds arising from environmental control property with other amounts.

AB843,12,10 5. Any changes that the commission makes to a financing order that creates the environmental control property does not affect the validity, perfection, or priority of a security interest in the environmental control property.

AB843,12,13 (c) Sales. The sale, assignment, and transfer of environmental control property are governed by this paragraph. All of the following apply to a sale, assignment, or transfer under this paragraph:

AB843,12,20 1. The sale, assignment, or transfer is an absolute transfer of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the environmental control property, if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. After such a transaction, the environmental control property is not subject to any claims of the seller or the seller's creditors, other than creditors holding a prior security interest in the environmental control property perfected under par. (b).

AB843,12,23 2. The characterization of the sale, assignment, or transfer as an absolute transfer under subd. 1. and the corresponding characterization of the purchaser's property interest is not affected by any of the following factors:

AB843,12,25 a. Commingling of amounts arising with respect to the environmental control property with other amounts.

AB843,13,3 b. The retention by the seller of a partial or residual interest, including an equity interest, in the environmental control property, whether direct or indirect, or whether subordinate or otherwise.

AB843,13,4 c. Any recourse that the purchaser may have against the seller.

AB843,13,6 d. Any indemnifications, obligations, or repurchase rights made or provided by the seller.

AB843,13,7 e. The responsibility of the seller to collect environmental control charges.

AB843,13,9 f. The treatment of the sale, assignment, or transfer for tax, financial reporting, or other purposes.

AB843,13,14 (6) Environmental trust bonds not public debt. The state is not liable on environmental trust bonds and the bonds are not a debt of the state. An issue of environmental trust bonds does not, directly or indirectly or contingently, obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of the bonds.

AB843,13,17 (7) Environmental trust bonds as legal investments. Any of the following may legally invest any sinking funds, moneys, or other funds belonging to them or under their control in environmental trust bonds:

AB843,13,19 (a) The state, the investment board, public officers, municipal corporations, political subdivisions, and public bodies.

AB843,13,23 (b) Banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business.

AB843,13,24 (c) Personal representatives, guardians, trustees, and other fiduciaries.

AB843,14,2 (8) State pledge. (a) In this subsection, "bondholder" means a person who holds an environmental trust bond.

AB843,14,4 (b) The state pledges to and agrees with bondholders that the state will not do any of the following:

AB843,14,6 1. Take or permit any action that impairs the value of environmental control property.

AB843,14,11 2. Except as allowed under this section, reduce, alter, or impair environmental control charges that are imposed, collected, and remitted for the benefit of the bondholders until any principal, interest, premium, or other charge incurred, or contract to be performed, in connection with environmental trust bonds held by the bondholders are paid or performed in full.

AB843,14,13 (c) Any person who issues environmental trust bonds is allowed to include the pledge specified in par. (b) in the bonds and relating documentation.

AB843,14,17 (9) Conflicts. In the event of conflict between this section and any other law regarding the attachment, assignment, or perfection, or the effect of perfection, or priority of any security interest in environmental control property, this section to the extent of the conflict shall govern.

AB843,14,23 (10) Effect of invalidity on actions. Effective on the date that environmental trust bonds are first issued under this section, if any provision of this section is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence shall not affect any action allowed under this section that is taken by an energy utility, an assignee, a collection agent, or a party to a transaction and any such action shall remain in full force and effect.

AB843, s. 3 Section 3. 201.01 (3) of the statutes is renumbered 201.01 (3) (intro.) and amended to read:

AB843,15,3 201.01 (3) (intro.) "Securities" means capital stock and evidences of indebtedness of a public service corporation, not including, however, (a) any but do not include any of the following:

AB843,15,6 (a) Any obligation of a public service corporation which is not a public utility as defined in the federal power act Power Act, falling due one year or less after its date and bearing date not later than the day of sale; or (b) any.

AB843,15,10 (b) Any evidence of indebtedness of a public service corporation which is a public utility as defined in the federal power act Power Act, the issuance, renewal or assumption of which is exempt from sec. section 204 (a) of the federal power act Power Act by the provisions of sec. section 204 (e) thereof; or (c) any.

AB843,15,13 (c) Any obligation issued to the United States of America in connection with loans for rural telecommunications facilities made pursuant to the rural electrification act Rural Electrification Act of 1936, as amended, or (d) any.

AB843,15,15 (d) Any securities issued by a corporation organized under ch. 185 for the purpose of furnishing telecommunications service in rural areas.

AB843, s. 4 Section 4. 201.01 (3) (e) of the statutes is created to read:

AB843,15,18 201.01 (3) (e) Any environmental trust bonds issued pursuant to a financing order of the commission under s. 196.027 (2).

AB843,15,19 (End)