2020 Colorado Revised Statutes
Title 40 - Utilities
Article 41. Colorado Energy Impact Bond Act
Section 40-41-111. CO-EI bonds - legal investments - not public debt - pledge of state.
(1) Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money within their control in CO-EI bonds. Public entities, as defined in section 24-75-601 (1), may invest public funds in CO-EI bonds only if the CO-EI bonds satisfy the investment requirements established in part 6 of article 75 of title 24.
CO-EI bonds issued as authorized by a financing order are not debt of or a pledge ofthe faith and credit or taxing power of the state, any agency of the state, or any county, municipality, or other political subdivision of the state. Holders of CO-EI bonds have no right to have taxes levied by the state or by any county, municipality, or other political subdivision of the state for the payment of the principal or interest on CO-EI bonds. The issuance of CO-EI bonds does not directly, indirectly, or contingently obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of principal or interest on the CO-EI bonds.
(a) The state pledges to and agrees with holders of CO-EI bonds, any assignee, and any financing parties that the state will not:
Take or permit any action that impairs the value of CO-EI property; or
Reduce, alter, or impair CO-EI charges, except through application of the adjustmentmechanism, that are imposed, collected, and remitted for the benefit of holders of CO-EI bonds, any assignee, and any financing parties, until any principal, interest, and redemption premium payable on CO-EI bonds, all financing costs, and all amounts to be paid to an assignee or financing party under an ancillary agreement are paid in full.
(b) A person who issues CO-EI bonds may include the pledge specified in subsection (3)(a) of this section in the CO-EI bonds, ancillary agreements, and documentation related to the issuance and marketing of the CO-EI bonds.
Source: L. 2019: Entire article added, (SB 19-236), ch. 359, p. 3329, § 26, effective May 30.
