SB 109: "An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date."
00 SENATE BILL NO. 109 01 "An Act relating to the unincorporated community capital project matching grant 02 program; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.06.020(b) is amended to read: 05 (b) The unincorporated community capital project matching grant fund is 06 established in the department and consists of appropriations to the fund. 07 Appropriations to the fund do not lapse except as provided in (h) of this section. The 08 money in the fund is held by the department in custody under this subsection for each 09 unincorporated community eligible for an allocation under this subsection. The 10 department shall establish an individual grant account within the fund for each eligible 11 unincorporated community [THAT WAS ENTITLED TO RECEIVE STATE AID 12 UNDER AS 29.60.140 DURING THE PRECEDING FISCAL YEAR]. As provided 13 in this subsection, each fiscal year the department shall allocate, to the individual grant 14 accounts, appropriations to the fund. An unincorporated community is eligible for an
01 allocation in a fiscal year if the requirements of (d) are met and the community was 02 a place in the state in which 25 or more individuals resided as a social unit 03 [ELIGIBLE TO RECEIVE STATE AID UNDER AS 29.60.140] during the preceding 04 fiscal year. The department shall credit interest earned on money in an individual 05 grant account to that account. Except as provided in (c) of this section, the amount 06 allocated under this subsection to an individual grant account in a fiscal year is 07 determined by dividing the total amount appropriated to the fund during that fiscal 08 year by the number of unincorporated communities eligible for an allocation during 09 that fiscal year. 10 * Sec. 2. AS 37.06.020(c) is amended to read: 11 (c) A maximum [MINIMUM] of $25,000 may [SHALL] be allocated to an 12 [EACH] eligible unincorporated community's grant account each fiscal year under (b) 13 of this section. [IF APPROPRIATIONS ARE NOT SUFFICIENT TO FULLY FUND 14 THE MINIMUM AMOUNT FOR EACH ELIGIBLE UNINCORPORATED 15 COMMUNITY, THE] The amount appropriated shall be allocated equally among the 16 eligible unincorporated communities. If appropriations exceed the amount 17 necessary to fully fund the maximum amount for each eligible unincorporated 18 community, the excess amount lapses into the general fund. 19 * Sec. 3. AS 37.06.020(d) is amended to read: 20 (d) The department shall designate, in each eligible unincorporated 21 community, an incorporated nonprofit entity or a Native village council that agrees to 22 receive and spend grant money allocated to the unincorporated community's individual 23 grant account under (b) of this section. If the community is located in a borough or 24 a unified municipality, the department may only designate the entity that has 25 been approved by the assembly and the department must have written evidence 26 of that approval. If there is more than one qualified entity in a community in the 27 unorganized borough, the department shall designate the entity that the department 28 finds most qualified to make draws from that unincorporated community's individual 29 grant account and spend the money. If there is no qualified incorporated nonprofit 30 entity or Native village council in an unincorporated community that will agree to 31 receive and spend money allocated to the community under (b) of this section, draws
01 may not be made from the unincorporated community's individual grant account and 02 the amount allocated to the account lapses into the general fund. 03 * Sec. 4. AS 37.06.020(e) is amended to read: 04 (e) By October 1 of each fiscal year, the incorporated nonprofit entity or 05 Native village council designated by the department under (d) of this section shall 06 submit to the governor a prioritized list of capital projects and estimated costs to be 07 financed with money from the community's individual grant account established under 08 (b) of this section. The list must include the amount and source of the local share 09 required by AS 37.06.030. If the community is located in a borough or unified 10 municipality, the list is subject to approval of the assembly and must be 11 accompanied by written evidence of that approval. The governor shall include in 12 the capital improvements program presented to the legislature under AS 37.07.060 the 13 projects submitted by designated entities under this subsection that the governor 14 recommends for funding. If, in the capital improvements program, the governor 15 includes projects in other than the priority order submitted by a designated entity, the 16 governor shall provide the legislature with a written statement of the reasons for that 17 action. 18 * Sec. 5. AS 37.06.020(h) is amended to read: 19 (h) An entity designated by the department under (d) of this section shall 20 repay to the department money it has drawn from an unincorporated community's 21 individual grant account if substantial, ongoing work on the project is not started 22 within four [FIVE] years after the effective date of the appropriation from which the 23 draw is funded. Money repaid shall be deposited into the general fund. Money from 24 an allocation to an unincorporated community's individual grant account that has not 25 been drawn out by a designated entity within four [FIVE] years after the effective date 26 of the appropriation from which the allocation is funded lapses into the general fund. 27 * Sec. 6. AS 37.06.030(b) is amended to read: 28 (b) For each draw made by an entity or council under AS 37.06.020, the 29 incorporated entity or Native village council that makes the draw shall contribute a 30 local share of the cost of the capital project for which the draw is made. The amount 31 of the local share for an unincorporated community in a borough or unified
01 municipality is the amount of the local share for that borough or unified 02 municipality as calculated under (a) of this section. The amount of the local share 03 for an unincorporated community in the unorganized borough equals the local 04 share percentage as calculated under (1) of this subsection, divided by the state share 05 percentage as calculated under (2) of this subsection, multiplied by the amount of the 06 draw. For purposes of this subsection, 07 (1) the local share percentage is five percent; 08 (2) the state share percentage equals one minus the local share 09 percentage; 10 (3) the local share may be satisfied from (A) federal or local money; 11 (B) labor, materials, or equipment used directly in the construction of the project, or 12 land, including land transferred by the state; the department shall determine the value 13 of a contribution under this subparagraph; (C) money from another nonstate source; 14 (D) money received by the unincorporated community under AS 29.60.010 - 15 29.60.375; or (E) money obtained from the sale or lease of land or other assets 16 transferred by the state; except as provided in this paragraph, the local share may not 17 be satisfied with money from, or with the portion of an asset that was obtained with 18 money from, an appropriation, allocation, entitlement, grant, or other payment from 19 the state. 20 * Sec. 7. This Act takes effect July 1, 2001.