§ 15-20-1309 - Proceeds of bonds.
               	 		
15-20-1309.    Proceeds of bonds.
    (a)  The  proceeds from the sale of the bonds, together with all revenues derived  by the Arkansas Natural Resources Commission from any project financed  or refinanced under this subchapter and appropriated, allocated, or  otherwise set aside by the commission for the payment of the bonds and  from any other project and appropriated, allocated, or otherwise set  aside by the commission for the payment of the bonds, shall be deposited  by the recipient thereof, as received, into trust funds either  established in the State Treasury, or into accounts established outside  the State Treasury in the name of the commission, to accomplish the  purposes of this subchapter, in amounts or portions as set forth in the  resolution or trust indenture authorizing or securing the bonds issued  to finance or refinance the development of projects.
(b)    (1)  There  is established as a trust fund in the State Treasury an account  designated as the "Water, Waste Disposal, and Pollution Abatement  Facilities Financing Act of 2007 Bond Fund" that is being created to  provide for payment of all or a part of the debt service in connection  with bonds issued under this subchapter.
      (2)    (A)  The  Treasurer of State shall establish separate accounts and subaccounts  within the fund to correspond to the applicable series of bonds.
            (B)  In  addition, there may be created in the State Treasury such other funds,  accounts, or subaccounts as the commission may determine to be necessary  to accomplish the purposes of this subchapter.
(c)    (1)  All  procedures and methods for the application of proceeds of any series of  bonds to the financing or refinancing of project costs shall be set  forth in writing.
      (2)  The writings shall be maintained as a part of the records of the commission.
      (3)  The procedures and methods may include without limitation:
            (A)  Development of projects to be owned, operated, and maintained by the commission;
            (B)  Grants to local entities and the commission;
            (C)  Loans to local entities or persons or the purchase of bonds or other general or special obligation debt of local entities;
            (D)  Development of projects to be leased to or operated by local entities;
            (E)  Development of projects to be purchased at one (1) time or by installment purchase by local entities;
            (F)  Establishment  of funds, including revolving funds for the lending of money to persons  to be repaid into the funds for the development of projects;
            (G)  Matching of proceeds of bonds with moneys provided by local entity or other persons;
            (H)  Matching  of moneys provided pursuant to other laws, including    15-22-501 et  seq.; the Arkansas Water Resources Cost Share Finance Act,    15-22-801  et seq.; The Water, Sewer, and Solid Waste Management Systems Finance  Act of 1975,    14-230-101 et seq.; and    15-22-1101 et seq.; and
            (I)  Establishment  of funds to refund or refinance bonds issued under this subchapter,  bonds issued under the prior act, and the bonds or other debt of local  entities that were incurred for the purpose of paying project costs.
(d)  Any  arrangements undertaken pursuant to subsection (c) of this section  whereby a local entity will administer funds composed, in whole or in  part, of proceeds of bonds shall include provision for the auditing no  less than annually of the funds.
(e)  The  proceeds from the sale of the bonds, together with all revenues derived  by the commission from any project financed or refinanced under this  subchapter or from any other project, that are appropriated, allocated,  or otherwise set aside by the commission for the payment of the bonds,  may be invested and reinvested by the State Investing Office in any of  the following:
      (1)  Direct  obligations of the United States, including obligations issued or held  in book-entry form on the books of the United States Department of the  Treasury or obligations that are unconditionally guaranteed as to  principal and interest by the United States;
      (2)  Bonds,  debentures, notes, or other evidences of indebtedness issued or  guaranteed by any agencies of the United States Government that are  backed by the full faith and credit of the United States;
      (3)  Senior  debt obligations issued or guaranteed by agencies of the United States  Government that are non-full faith and credit agencies;
      (4)  Money market funds investing exclusively in the investments described in subdivision (e)(1), (2), or (3) of this section;
      (5)  Certificates  of deposit providing for deposits secured at all times by collateral  described in subdivision (e)(1), (2), or (3) of this section if:
            (A)  The  certificates of deposit are issued by commercial banks whose deposits  are insured by the Federal Deposit Insurance Corporation and whose  collateral is held by a third party; and
            (B)  The State Investing Office or its assigns have a perfected first security interest in the collateral;
      (6)  Certificates  of deposit, savings accounts, deposit accounts, or money market  deposits, all of which are fully insured by the Federal Deposit  Insurance Corporation;
      (7)  Bonds  or notes issued by the state or any municipality, county, school  district, community college district, or regional solid waste management  district in the state or any agency or instrumentality of the state;
      (8)  Investment  agreements with financial institutions or insurance companies that are  rated in one (1) of the two (2) highest rating categories of a  nationally recognized rating agency;
      (9)  Repurchase  agreements providing for the transfer of securities from a dealer bank  or securities firm to the State Investing Office and the transfer of  cash from the State Investing Office to the dealer bank or securities  firm with an agreement that the dealer bank or securities firm will  repay the cash plus a yield to the State Investing Office in exchange  for the securities at a specified date if the repurchase agreements  satisfy the following criteria:
            (A)  Repurchase agreements must be between the State Investing Office and a dealer bank or securities firm described as follows:
                  (i)  Dealers with at least one hundred million dollars ($100,000,000) in capital; or
                  (ii)  Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and
            (B)  The written repurchase agreement contract must include the following:
                  (i)  Securities that are acceptable for transfer are those listed in subdivision (e)(1),(2), or (3) of this section;
                  (ii)  The term of the repurchase agreement may be up to thirty (30) days;
                  (iii)  The  collateral must be delivered to the State Investing Office, the trustee  if the trustee is not supplying the collateral, or to a third party  acting as agent for the trustee if the trustee is supplying the  collateral, before or at the time of the payment and perfection by  possession of certificated securities; and
                  (iv)    (a)  The securities must be valued weekly, market-to-market at current market price plus accrued interest.
                        (b)  The  value of collateral must be equal to one hundred three percent (103%)  of the amount of cash transferred by the State Investing Office to the  dealer bank or security firm under the repurchase agreement plus accrued  interest.
                        (c)  If the  value of securities held as collateral declines below one hundred three  percent (103%) of the value of the cash transferred by the State  Investing Office, then additional cash, acceptable securities, or a  combination of cash and securities must be transferred and held by the  State Investing Office; and
      (10)  Any other investment authorized by state law.