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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59051</law_id><section_number>15.2-5408</section_number><catch_line>Sale of power and energy, including capacity and output to member governmental units by authority; duration of contracts; source of payments; furnishing of money, property or services by member governmental units</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Other Governmental Entities</unit><unit label="chapter" level="3" order_by="1" identifier="54">Electric Authorities Act</unit></structure><text>
						<section><p>Any member <span class="dictionary">governmental unit</span> of an <span class="dictionary">authority</span> may <span class="dictionary">contract</span> to buy from the <span class="dictionary">authority</span> power and energy required for its present or future requirements, including the capacity and output of one or more specified <span class="dictionary">projects</span>. Any such <span class="dictionary">contract</span> may provide that the <span class="dictionary">governmental unit</span> so contracting shall be obligated to make payments required by the <span class="dictionary">contract</span> whether or not a <span class="dictionary">project</span> is completed, operable or operating and notwithstanding the suspension, interruption, interference, reduction or curtailment of the output of a <span class="dictionary">project</span> or the power and energy contracted for, and that such payments under the <span class="dictionary">contract</span> shall not be subject to any reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance by the <span class="dictionary">authority</span> or any other member <span class="dictionary">governmental unit</span> under the <span class="dictionary">contract</span> or any other instrument. Such <span class="dictionary">contracts</span> with respect to any <span class="dictionary">project</span> may also provide, in the event of <span class="dictionary">default</span> by any member <span class="dictionary">governmental unit</span> which is a <span class="dictionary">party</span> to any such <span class="dictionary">contract</span> for such <span class="dictionary">project</span> in the performance of its obligations thereunder, for other member <span class="dictionary">governmental units</span> which are parties to any such <span class="dictionary">contract</span> for such <span class="dictionary">project</span> to succeed to the rights and interests and assume the obligations of the defaulting <span class="dictionary">party</span>, pro rata or otherwise as may be agreed upon in such <span class="dictionary">contracts</span>.
		Notwithstanding the provisions of any other <span class="dictionary">law</span> or local charter provision to the contrary, any such <span class="dictionary">contracts</span> with respect to the sale or purchase of capacity, output, power or energy from a <span class="dictionary">project</span> may extend for a period not exceeding fifty years from the date a <span class="dictionary">project</span> is estimated to be placed in normal continuous operation; the execution and effectiveness thereof shall not be subject to any authorizations or approvals by the Commonwealth or any agency, commission or instrumentality or political subdivision thereof except as specifically required and provided in this chapter.
		Payments by a <span class="dictionary">governmental unit</span> under any <span class="dictionary">contract</span> for the purchase of capacity and output from an <span class="dictionary">authority</span> shall be made solely from, and may be secured by a pledge of and <span class="dictionary">lien</span> upon, the revenues derived by such <span class="dictionary">governmental unit</span> from the ownership and operation of the electric system of such <span class="dictionary">governmental unit</span>, and such payments may be made as an operating expense of such electric system. No obligation under such <span class="dictionary">contract</span> shall constitute a legal or <span class="dictionary">equitable</span> pledge, charge, <span class="dictionary">lien</span> or encumbrance upon any property of the <span class="dictionary">governmental unit</span> or upon any of its income, receipts or revenues, except the revenues of its electric system, and neither the faith and credit nor the taxing power of the <span class="dictionary">governmental unit</span> are, or may be, pledged for the payment of any obligation under any such <span class="dictionary">contract</span>. A <span class="dictionary">governmental unit</span> shall be obligated to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services, facilities and commodities sold, furnished or supplied through its electric system sufficient to provide revenues adequate to meet its obligations under any such <span class="dictionary">contract</span> and to pay any and all other amounts payable from or constituting a charge and <span class="dictionary">lien</span> upon such revenues, including amounts sufficient to pay the principal of and interest on <span class="dictionary"><span class="dictionary">bonds</span></span> of such <span class="dictionary">governmental unit</span> heretofore or hereafter issued for purposes related to its electric system. Any pledge made by a <span class="dictionary">governmental unit</span> pursuant to this paragraph shall be governed by the <span class="dictionary">laws</span> of the Commonwealth.
		Any member <span class="dictionary">governmental unit</span> of an <span class="dictionary">authority</span> may furnish the <span class="dictionary">authority</span> with money and provide the <span class="dictionary">authority</span> with personnel, equipment and property, both real and personal. Any member <span class="dictionary">governmental unit</span> may also provide any services to an <span class="dictionary">authority</span>. Any member <span class="dictionary">governmental unit</span> may <span class="dictionary">contract</span> for, advance or contribute funds to an <span class="dictionary">authority</span> as may be agreed upon by the <span class="dictionary">authority</span>, and the member <span class="dictionary">governmental unit</span> and the <span class="dictionary">authority</span> shall repay such advances or contributions from proceeds of <span class="dictionary"><span class="dictionary">bonds</span></span>, from operating revenues or from any other funds of the <span class="dictionary">authority</span>, together with interest thereon as may be agreed upon by the member <span class="dictionary">governmental units</span> and <span class="dictionary">authority</span>.</p></section></text><history>1979, c. 416, &#xA7; 15.1-1611; 1997, c. 587.</history><metadata></metadata></law>
