Carry-Forward Bond Allocation 2015
WHEREAS, pursuant to the Tax Reform Act of 1986 and Act 51 of the 1986 Regular Session of the Louisiana Legislature (hereafter “Act”), Executive Order No. BJ 2008-47 was issued to establish
(1) a method for allocating bonds subject to private activity bond volume limits, including the method of allocating bonds subject to the private activity bond volume limits for the calendar year 2008 and subsequent calendar years;
(2) the procedure for obtaining an allocation of bonds under the ceiling; and
(3) a system of central record keeping for such allocations;
WHEREAS, Section 4(H) of No. BJ 2008-47 provides that if the ceiling for a calendar year exceeds the aggregate amount of bonds subject to the private activity bond volume limit issued during the year by all issuers, by executive order, the Governor may allocate the excess amount to issuers or an issuer for use as a carry-forward for one or more carry-forward projects permitted under the Act;
WHEREAS, Executive Order No. BJ 2015 – 25, issued on October 22, 2015, allocated sixty million dollars ($60,000,000) from the 2015 ceiling to the Louisiana Community Development Authority to be used in connection with the financing by NFR BioEnergy CT, LLC, for the development and construction of a biorefinery plant which will convert sugarcane waste and other agricultural waste into biocarbon products, including but not limited to energy pellets for use as fuel, to be located at the Cora Texas Sugar Mill on Highway 1 South, in the Parish of Iberville, City of White Castle, State of Louisiana, and $60,000,000 was returned unused to the ceiling;
WHEREAS, the project name has changed from NFR BioEnergy CT, LLC to American Biocarbon CT, LLC;
WHEREAS, The SBC has determined that sixty million dollars ($60,000,000) of the excess 2015 Ceiling is eligible as carry-forward and the Governor desires to allocate this amount as carry-forward for projects which are permitted and eligible under the Act.
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: Pursuant to and in accordance with the provisions of Section 146(f) of the Internal Revenue Code of 1986, as amended, and in accordance with the request for carry-forward filed by the designated issuer, excess private activity bond volume limit under the 2015 Ceiling is hereby allocated to the following issuer(s), for the following carry-forward project(s), and in the following amount(s):
Louisiana Community Development Authority
American Biocarbon CT, LLC
SECTION 2: All references in this Order to the singular shall include the plural, and all plural references shall include the singular.
SECTION 3: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the State of Louisiana, at the Capitol, in the City of Baton Rouge, on this 30th day of December, 2015.
Secretary of State