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HB 191: "An Act authorizing financing for certain public transportation projects; giving notice of and approving the entry into, and the issuance of revenue obligations that provide participation in, lease-financing agreements for those transportation projects; and providing for an effective date."

00 HOUSE BILL NO. 191 01 "An Act authorizing financing for certain public transportation projects; giving notice 02 of and approving the entry into, and the issuance of revenue obligations that provide 03 participation in, lease-financing agreements for those transportation projects; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 INTENT. It is the intent of the legislature that the state take full advantage of 09 innovative financing methods recognized by the Federal Highway Administration. The 10 legislature intends that the revenue obligations issued under this Act will be repaid from 11 appropriations of federal money derived from annual apportionments paid to the state by the 12 Federal Highway Administration. 13 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 14 read:

01 TRANSPORTATION PROJECT ALLOCATION. The Department of Transportation 02 and Public Facilities shall allocate the net proceeds derived from the sale of revenue 03 obligations authorized in sec. 5 of this Act for construction or acquisition of the Glenn 04 Highway, Gambell Street to McCarrey Street, transportation project. 05 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 DELEGATION OF AUTHORITY FOR LEASE-FINANCING AGREEMENTS. The 08 Department of Transportation and Public Facilities is delegated the Department of 09 Administration's authority under AS 36.30.085 to enter into lease-financing agreements in 10 connection with the issuance of revenue obligations to finance the state transportation project 11 described in sec. 2 of this Act. 12 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 LEASE-FINANCING PAYMENTS. (a) The lease payments owed under lease- 15 financing agreements executed under sec. 3 of this Act are subject to annual appropriation by 16 the legislature. 17 (b) The legislature intends that federal money in the form of apportionments from the 18 Federal Highway Administration for federal highway grants will provide enough revenue to 19 the general fund to make substantially all of the lease payments; however, if that revenue 20 source is insufficient, the payments may be made from any other valid revenue source, subject 21 to appropriation. 22 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 NOTICE OF ENTRY INTO AND FINANCING OF REVENUE OBLIGATIONS. 25 (a) Subject to annual appropriation, the Department of Transportation and Public Facilities is 26 authorized to enter into lease-financing agreements for the issuance of revenue obligations for 27 the state transportation project described in sec. 2 of this Act. 28 (b) The state bond committee is authorized to provide for the issuance of revenue 29 obligations in one or more series in the aggregate principal amount of $58,365,000 for the 30 costs of construction of the project described in sec. 2 of this Act. The principal amount 31 includes the estimated cost of $56,000,000 for constructing, acquiring, and equipping the

01 project described in sec. 2 of this Act; capitalized interest payments in the total amount of 02 $1,635,000; and an amount for the cost of issuing the revenue obligations of $730,000. The 03 estimated annual amount of rental obligations under the lease-financing agreements is 04 $5,600,000. The estimated total lease payments for the full term of the lease-financing 05 agreements is $92,530,000. Payment of principal and interest on revenue bonds issued under 06 this subsection is subject to annual appropriation. 07 (c) The state bond committee may contract for credit enhancement, underwriting, 08 credit ratings, bond counsel, financial advisor, printing, and trustee services that the 09 committee considers necessary in financing the project described in sec. 2 of this Act. 10 (d) In this section, 11 (1) "costs of construction" includes credit enhancement and underwriting 12 expenses, rating agency fees, bond counsel fees, financial advisor fees, printing fees, trustee 13 fees, capitalized interest, and interest earnings used for lease payments; and 14 (2) "revenue obligation" means a certificate of participation in the right to 15 receive a payment under a lease-financing agreement made to finance the costs of 16 construction or acquisition of a state transportation project. 17 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 NOTICE AND APPROVAL OF AGREEMENTS. Section 5 of this Act constitutes 20 the notice and approval of lease-financing agreements to finance the transportation project 21 described in sec. 2 this Act that is required by AS 36.30.085. 22 * Sec. 7. This Act takes effect July 1, 2001.