applicable elected representative

(2) Public approval requirement (A) In general A bond shall satisfy the requirements of this paragraph if such bond is issued as a part of an issue which has been approved by— (i) the governmental unit— (I) which issued such bond, or (II) on behalf of which such bond was issued, and (ii) each governmental unit having jurisdiction over the area in which any facility, with respect to which financing is to be provided from the net proceeds of such issue, is located (except that if more than 1 governmental unit within a State has jurisdiction over the entire area within such State in which such facility is located, only 1 such unit need approve such issue). (B) Approval by a governmental unit For purposes of subparagraph (A), an issue shall be treated as having been approved by any governmental unit if such issue is approved— (i) by the applicable elected representative of such governmental unit after a public hearing following reasonable public notice, or (ii) by voter referendum of such governmental unit. (C) Special rules for approval of facility If there has been public approval under subparagraph (A) of the plan for financing a facility, such approval shall constitute approval under subparagraph (A) for any issue— (i) which is issued pursuant to such plan within 3 years after the date of the 1st issue pursuant to the approval, and (ii) all or substantially all of the proceeds of which are to be used to finance such facility or to refund previous financing under such plan. (D) Refunding bonds No approval under subparagraph (A) shall be necessary with respect to any bond which is issued to refund (other than to advance refund) a bond approved under subparagraph (A) (or treated as approved under subparagraph (C)) unless the average maturity date of the issue of which the refunding bond is a part is later than the average maturity date of the bonds to be refunded by such issue. For purposes of the preceding sentence, average maturity shall be determined in accordance with subsection (b)(2)(A). (E) Applicable elected representative For purposes of this paragraph— (i) In general The term “applicable elected representative” means with respect to any governmental unit— (I) an elected legislative body of such unit, or (II) the chief elected executive officer, the chief elected State legal officer of the executive branch, or any other elected official of such unit designated for purposes of this paragraph by such chief elected executive officer or by State law. If the office of any elected official described in subclause (II) is vacated and an individual is appointed by the chief elected executive officer of the governmental unit and confirmed by the elected legislative body of such unit (if any) to serve the remaining term of the elected official, the individual so appointed shall be treated as the elected official for such remaining term. (ii) No applicable elected representative If (but for this clause) a governmental unit has no applicable elected representative, the applicable elected representative for purposes of clause (i) shall be the applicable elected representative of the governmental unit— (I) which is the next higher governmental unit with such a representative, and (II) from which the authority of the governmental unit with no such representative is derived.


26 USC § 147(f)(2)

Scoping language

For purposes of this paragraph
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