HB 82 (BR 361) - M. Cherry, S. Baugh, J. Carr, C. Miller, S. Nunn, F. Rasche, S. Rudy, C. Siler, J. Stewart III
AN ACT relating to municipal power agencies.
Create Chapter 96B to authorize creation of a joint municipal power agency by two or more municipalities; define municipality to include any county, city, urban-county, merged or consolidated, or charter government of any and every class in the Commonwealth, or a board, agency, commission, or corporation of any of these, that owns or operates a system or facilities for the generation, transmission, or distribution of electric power and energy; establish requirements for an agency agreement establishing a municipal power agency; authorize bylaws; establish duties of the board of directors; require the board of directors to manage the affairs of the municipal power agency; authorize member municipalities to appropriate money for payment of expenses of the municipal power agency and its representatives on the board of directors; authorize any two or more municipal power agencies to consolidate to form a new municipal power agency upon authorization by member municipalities; establish powers of a municipal power agency as those of a public corporation and governmental agency and instrumentality of the Commonwealth but without taxing power; authorize a municipal power agency to plan, develop, finance, acquire, construct, reconstruct, own, lease, operate, maintain, manage, repair, improve, extend, sell, dispose of, or otherwise participate in, individually or jointly with a municipality or other persons, projects relating to the generation, production, transmission, purchase, sale, exchange, or interchange of electric power and energy and related fuels and services; authorize a municipal power agency to acquire, lease, own, operate, and dispose of personal and real property; authorize a municipal power agency to borrow money and issue bonds; authorize a municipal power agency to exercise the power of eminent domain except with respect to a system or facilities for projects relating to the generation, transmission, production, or distribution of electric power and energy or with respect to any service territory served by such person or system; authorize a municipal power agency to enter into contracts or agreements for its lawful purposes including the sale or exchange of excess electric power or energy, transmission capacity or service, or related fuels and materials; authorize a municipal power agency to adopt a seal and to sue and be sued; require that all property of a municipal power agency be considered to be for a public purpose and exempt from taxes by the Commonwealth or any of its political subdivisions; authorize a municipal power agency to enter into contracts and agreements with members for the sale of electric power, transmission capacity or services, or power supply development services, electric marketing or trading service, or supplies of related fuels or materials on terms and conditions determined by board of directors; authorize a municipal power agency to own an undivided interest or participation in projects; authorize the formation of subsidiaries of a municipal power agency and define the powers of these; authorize the issuance and use of bonds to be payable out of revenues, funds, or revenue-producing contracts of the municipal power agency and establish the requirements for these; direct that neither the directors nor any person executing bonds shall be personally liable on the bonds; require that the bonds contain a statement that the bonds are an obligation of the municipal power agency and that neither the Commonwealth, nor any political subdivision of the Commonwealth, nor any municipality solely by virtue of its membership in the agency, nor the taxing power of any of these, is obligated or pledged to pay the bonds; authorize a municipal power agency to establish, levy, and collect rates and other charges for its power and energy services and require rates and charges to be at least sufficient to cover operating costs and indebtedness; authorize municipalities to enter into contracts and agreements with a municipal power agency for the purchase, sale, or exchange of electric power and energy, transmission capacity and services, and related goods and services and establish the conditions and requirements of these; require that a municipal power agency have the same privileges, immunities, and exemptions possessed by municipalities.
(Prefiled by the sponsor(s).)
Dec 8-To: Special Subcommittee on Energy
Jan 3-introduced in House; to Tourism Development and Energy (H)
Feb 10-posted in committee