8281 - Qualified interest rate management agreements.

                               SUBCHAPTER F             INTEREST RATE RISK AND INTEREST COST MANAGEMENT     Sec.     8281.  Qualified interest rate management agreements.     8282.  Covenant to pay amounts due under qualified interest            rate management agreements.     8283.  Remedies.     8284.  Notice and retention of records.     8285.  Financial reporting.        Enactment.  Subchapter F was added September 24, 2003,     P.L.110, No.23, effective immediately.     § 8281.  Qualified interest rate management agreements.        (a)  General rule.--            (1)  Except as set forth in paragraph (4),        notwithstanding any other law to the contrary, a local        government unit may negotiate and enter into qualified        interest rate management agreements consistent with the        provisions of this subchapter.            (2)  The local government unit must authorize and award        by resolution each qualified interest rate management        agreement or any confirmation of a transaction. The        resolution is subject to section 8003(a) and (b) (relating to        advertisement and effectiveness of ordinances) but may be        valid and effective for all purposes immediately upon        adoption or as otherwise provided in the resolution.            (3)  A local government unit has the power to contract        for insurance covering the risks of nonpayment of amounts due        under qualified interest rate management agreements.            (4)  The authority granted in this subchapter shall not        apply to any local government unit which has been declared        distressed by the Department of Community and Economic        Development.        (b)  Requirements for resolution.--The resolution authorizing     and awarding a qualified interest rate management agreement or     authorizing a transaction under the agreement must include in     the resolution or as an appendix to the resolution all of the     following:            (1)  A copy of the qualified interest rate management        agreement or confirmation of the transaction under the        qualified interest rate management agreement in substantially        the form to be executed pursuant to the resolution.            (2)  The interest rate management plan meeting the        requirements under this subpart:                (i)  adopted by the local government unit; or                (ii)  if the local government unit is incurring            indebtedness under this chapter which has or will be            issued to a public authority that has entered into or            will enter into an interest rate management agreement            meeting the requirements of a qualified interest rate            management agreement under this subpart, adopted by that            public authority.            (3)  A statement of the manner of the award of the        qualified interest rate management agreement under subsection        (e).        (c)  Contents of qualified interest rate management     agreements.--In addition to other provisions approved by the     local government unit, a qualified interest rate management     agreement must contain all of the following:            (1)  The covenant of the local government unit to make        payments required by the qualified interest rate management        agreement and the covenants authorized by section 8282        (relating to covenant to pay amounts due under qualified        interest rate management agreements).            (2)  The notional amount of the qualified interest rate        management agreement and the principal amount of bonds or        notes or lease rental debt, or portions of the notional or        principal amounts, issued or to be issued by the local        government unit under this subpart or guaranteed by the local        government unit under this subpart, to which the agreement        relates.            (3)  The term of any qualified interest rate management        agreement, which must not exceed the latest maturity date of        the bonds or notes referenced in the qualified interest rate        management agreement.            (4)  A provision requiring the termination of the        agreement if all debt to which the qualified interest rate        management agreement relates is no longer outstanding.            (5)  The maximum annual interest rate which the local        government unit may pay thereunder.            (6)  A provision that the maximum net payments by fiscal        year of a local government unit shall not exceed the maximum        interest rate specified in the qualified interest rate        management agreement for:                (i)  periodic scheduled payments, not including any            termination payments, due under the qualified interest            rate management agreement; and                (ii)  the interest on the bonds or notes to which the            qualified interest rate management agreement relates.            (7)  The source of payment of the payment obligations of        the local government unit, which must be either general        revenues or revenues specifically identified in the        agreement.            (8)  A provision addressing the actions to be taken if        the credit rating of the other party changes.            (9)  A provision that periodic scheduled payments due        under the qualified interest rate management agreement and        debt service due on the related bonds or notes or payments        due under the related instrument evidencing lease rental debt        or guaranty of the local government unit shall be senior in        right and priority of payment to termination payments due        under the qualified interest rate management agreement.        (d)  Other provisions of the qualified interest rate     management agreement.--The qualified interest rate management     agreement may include:            (1)  A covenant to include any termination payment or        similar payment for a qualified interest rate management        agreement in its current budget at any time during a fiscal        year or in a budget adopted in a future fiscal year.            (2)  A provision that the following shall be equally and        ratably payable and secured under the applicable covenants        authorized in section 8282:                (i)  Periodic scheduled payments due under the            qualified interest rate management agreement; and                (ii)  Any of the following to which the agreement            relates:                    (A)  the debt service due on the bonds or notes;                    (B)  payment under an instrument evidencing lease                rental debt; or                    (C)  payment under a guaranty of the local                government unit.            (3)  A provision that the qualified interest rate        management agreement may be terminated at the option of the        local government unit without cause but that the qualified        interest rate management agreement may not be terminated at        the option of the other party to the qualified interest rate        management agreement without cause.        (e)  Award of qualified interest rate management     agreements.--            (1)  The local government unit shall establish a process        for selecting other parties before entering into a qualified        interest rate management agreement.            (2)  The local government unit shall establish        qualifications for other parties before entering into a        qualified interest rate management agreement. The        qualifications shall include a rating for the other party of        at least the third highest rating category from a nationally        recognized rating agency.            (3)  A qualified interest rate management agreement must        be awarded by public sale, private sale by negotiation or        private sale by invitation.            (4)  The local government unit shall select the qualified        interest rate management agreement which the local government        unit determines is in its best financial interest. The        qualified interest rate management agreement selected must        contain financial terms and conditions which in the opinion        of the independent financial advisor to the local government        unit are fair and reasonable to the local government unit as        of the date of award.            (5)  The local government unit may satisfy the        requirements of paragraph (4) by obtaining a finding from an        independent financial advisor to the public authority that        the financial terms and conditions of the agreement are fair        and reasonable to the public authority as of the date of the        award if all of the following apply:                (i)  The local government unit is incurring            indebtedness under this chapter which has or will be            issued to a public authority.                (ii)  In connection with the incurring of debt under            subparagraph (i), the local government unit will become            obligated for all or a portion of the public authority's            costs under an interest rate management agreement.        Cross References.  Section 8281 is referred to in sections     8002, 8283 of this title.