Section 69-C. Variable rate bonds  


Latest version.
  • Notwithstanding any other provision of
      law to the contrary, any State-supported debt may be issued as  variable
      rate bonds.
        Notwithstanding  any  other  provision  of  law  to  the contrary, for
      purposes  of  calculating  the  present  value  of  debt   service   and
      calculating  savings  in  connection  with  the  issuance  of  refunding
      indebtedness, (i) the effective interest rate and debt  service  payable
      on variable rate bonds in connection with which, and to the extent that,
      an  authorized  issuer  has  entered  into  an interest rate exchange or
      similar agreement pursuant to which the authorized issuer makes payments
      based on a fixed rate and receives payments based  on  a  variable  rate
      that  is  reasonably expected by such authorized issuer to be equivalent
      over time to the variable rate paid on the related variable rate  bonds,
      shall  be calculated assuming that the rate of interest on such variable
      rate bonds is the fixed rate payable by the authorized  issuer  on  such
      interest  rate  exchange  or similar agreement for the scheduled term of
      such agreement; (ii) the effective interest rate  and  debt  service  on
      variable rate bonds in connection with which, and to the extent that, an
      authorized issuer has not entered into such an interest rate exchange or
      similar  agreement  shall  be  calculated assuming that interest on such
      variable interest rate bonds is payable at a rate  or  rates  reasonably
      assumed  by the authorized issuer; (iii) the effective interest rate and
      debt service on any bonds subject to optional or mandatory tender  shall
      be a rate or rates reasonably assumed by the authorized issuer; (iv) any
      variable  rate  bonds  that  are  converted or refunded to a fixed rate,
      whether or not financed on  an  interim  basis  with  bond  anticipation
      notes,  shall  be  assumed  to generate a present value savings; and (v)
      otherwise, the effective interest rate and debt  service  on  any  bonds
      shall  be  calculated  at  a  rate  or  rates  reasonably assumed by the
      authorized issuer. Notwithstanding any other provision  of  law  to  the
      contrary,  for  calculating  the  present  value  of  debt  service  and
      calculating  savings  in  connection  with  the  issuance  of  refunding
      indebtedness,  the  refunding of variable rate debt instruments with new
      variable  rate  debt  instruments  shall  be  excluded  from  any   such
      requirements, if effectuated for sound business purposes.
        * NB Effective until March 31, 2010