Utah Code 53G-5-606. Charter School Credit Enhancement Program — Standards for the designation of qualifying charter schools — Debt service reserve fund requirements
53G-5-606. Charter School Credit Enhancement Program — Standards for the designation of qualifying charter schools — Debt service reserve fund requirements.
(1)
There is created the Charter School Credit Enhancement Program to assist qualifying charter schools in obtaining favorable financing by providing a means of replenishing a qualifying charter school‘s debt service reserve fund.
Terms Used In Utah Code 53G-5-606
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Authority: means the Utah Charter School Finance Authority created by this part. See Utah Code 53G-5-601
authorizer: means an entity listed in Section 53G-5-205 that authorizes a charter school. See Utah Code 53G-5-102
Charter school: means a school created under this chapter. See Utah Code 53G-5-601
Credit enhancement program: means the Charter School Credit Enhancement Program established in Section 53G-5-606. See Utah Code 53G-5-601
Debt service reserve fund: means the reserve fund created or established by, or for the benefit of, a qualifying charter school for the purpose of paying principal of and interest on bonds issued under the credit enhancement program as the payments become due and other money of the qualifying charter school is not available to make the payments. See Utah Code 53G-5-601
Debt service reserve fund requirement: means , as of a particular date of computation, and with respect to a particular issue of bonds, the amount required to be on deposit in the debt service reserve fund, which amount:
(a)
may be a sum certain or as set forth in a formula; and
(b)
may not be less than the maximum annual debt service requirement for the related bonds. See Utah Code 53G-5-601
Project: means :
(a)
any building, structure, or property owned, to be acquired, or used by a charter school for any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and lands; or
(b)
any capital equipment owned, to be acquired, or used by a charter school for any of its educational purposes, interests in land, and grounds, together with the personal property necessary, convenient, or appurtenant to them. See Utah Code 53G-5-601
Qualifying charter school: means a charter school that:
(a)
meets standards adopted by the authority for participation in the credit enhancement program; and
(b)
is designated by the authority as a qualifying charter school for purposes of participation in the credit enhancement program. See Utah Code 53G-5-601
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
The authority shall establish standards for a charter school to be designated as a qualifying charter school.
(3)
In establishing the standards described in Subsection (2) the authority shall consider:
(a)
whether a charter school has received an investment grade rating, independent of any rating enhancement resulting from the issuance of bonds pursuant to the credit enhancement program;
(b)
the location of the charter school’s project;
(c)
the operating history of the charter school;
(d)
the financial strength of the charter school; and
(e)
any other criteria the authority determines are relevant.
(4)
The bonds issued by the authority for a qualifying charter school are not an indebtedness of the state or of the authority but are special obligations payable solely from:
(a)
the revenues or other funds pledged by the qualifying charter school; and
(b)
amounts appropriated by the Legislature pursuant to Subsection (9).
(5)
The authority shall notify the authorizer of a charter school that the charter school is participating in the credit enhancement program if the authority:
(a)
designates the charter school as a qualifying charter school; and
(b)
issues bonds for the qualifying charter school under the credit enhancement program.
(6)
One or more debt service reserve funds shall be established for a qualifying charter school with respect to bonds issued pursuant to the credit enhancement program.
(7)
(a)
Except as provided in Subsection (7)(b), money in a debt service reserve fund may not be withdrawn from the debt service reserve fund if the amount withdrawn would reduce the level of money in the debt service reserve fund to less than the debt service reserve fund requirement.
(b)
So long as the applicable bonds issued under the credit enhancement program remain outstanding, money in a debt service reserve fund may be withdrawn in an amount that would reduce the level of money in the debt service reserve fund to less than the debt service reserve fund requirement if the money is withdrawn for the purpose of:
(i)
paying the principal of, redemption price of, or interest on a bond when due and if no other money of the qualifying charter school is available to make the payment, as determined by the authority; or
(ii)
paying any redemption premium required to be paid when the bonds are redeemed prior to maturity if no bonds will remain outstanding upon payment from the funds in the qualifying charter school’s debt service reserve fund.
(8)
Money in a qualifying charter school’s debt service reserve fund that exceeds the debt service reserve fund requirement may be withdrawn by the qualifying charter school.
(9)
(a)
The authority shall annually, on or before December 1, certify to the governor the amount, if any, required to restore amounts on deposit in the debt service reserve funds of qualifying charter schools to the respective debt service reserve fund requirements.
(b)
The governor shall request from the Legislature an appropriation of the certified amount to restore amounts on deposit in the debt service reserve funds of qualifying charter schools to the respective debt service reserve fund requirements.
(c)
The Legislature may appropriate money to the authority to restore amounts on deposit in the debt service reserve funds of qualifying charter schools to the respective debt service reserve fund requirements.
(d)
A qualifying charter school that receives money from an appropriation to restore amounts on deposit in a debt service reserve fund to the debt service reserve fund requirement, shall repay the state at the time and in the manner as the authority shall require.
(10)
The authority may create and establish other funds for its purposes.
Renumbered and Amended by Chapter 3, 2018 General Session
