SB 268: "An Act amending the ability of the Knik Arm Bridge and Toll Authority to make and execute certain agreements, contracts, and other instruments; and relating to the facility toll charges that the authority may collect from its operation of the Knik Arm bridge and appurtenant facilities and to the necessity of securing the approval of the commissioner of transportation and public facilities as to the amounts to be collected as toll charges."
00 SENATE BILL NO. 268 01 "An Act amending the ability of the Knik Arm Bridge and Toll Authority to make and 02 execute certain agreements, contracts, and other instruments; and relating to the facility 03 toll charges that the authority may collect from its operation of the Knik Arm bridge 04 and appurtenant facilities and to the necessity of securing the approval of the 05 commissioner of transportation and public facilities as to the amounts to be collected as 06 toll charges." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 19.75.111(a) is amended to read: 09 (a) Except as otherwise explicitly made applicable to the authority, the 10 performance of the authority's duties and the exercise of its powers, including its 11 powers to issue bonds and otherwise incur debt, shall be governed exclusively by this 12 chapter. In furtherance of its purposes, the authority may 13 (1) own, acquire, construct, develop, create, reconstruct, equip,
01 operate, maintain, extend, and improve the Knik Arm bridge and its appurtenant 02 facilities; 03 (2) sue and be sued; 04 (3) adopt a seal; 05 (4) adopt, amend, and repeal regulations under AS 44.62 and establish 06 bylaws; 07 (5) make and execute agreements, contracts, and all other instruments 08 (A) with any public or private person, governmental unit or 09 agency, corporation, or other business entity lawfully conducting business in 10 the United States for the exercise of its powers and functions under this 11 chapter, other than those described under (B) of this paragraph; and 12 (B) subject to the provisions of AS 19.75.345, for the 13 financing, design, construction, maintenance, improvement, or operation of 14 facilities, properties, or projects of the authority, including making and 15 executing contracts with any person, firm, corporation, governmental agency, 16 or other entity for the purpose of 17 (i) [(A)] incurring indebtedness, obtaining investments 18 in the authority's projects, acquiring or granting lump sum payments for 19 services in advance or in arrears, grants, and other financing; and 20 (ii) [(B)] entering into public-private partnerships or 21 service contracts in any form; 22 (6) in its own name acquire, lease, rent, sell, or convey real and 23 personal property; 24 (7) issue and refund bonds in accordance with this chapter, in order to 25 pay the cost of the Knik Arm bridge and its appurtenant facilities; the authority may 26 also secure payment of the bonds as provided in this chapter; 27 (8) incur other indebtedness, including lines of credit and indebtedness 28 to the Federal Highway Administration, United States Department of Transportation, 29 under 23 U.S.C. 601 - 610 (Transportation Infrastructure Finance and Innovation Act 30 of 1998), as amended, and secure that indebtedness as provided in this chapter; 31 (9) apply for and accept gifts, grants, or loans from a federal agency or
01 an agency or instrumentality of the state, or from a municipality, private organization, 02 or other source, including obtaining title to state, local government, or privately owned 03 land, directly or through a department of the state having jurisdiction of the land; 04 (10) fix and collect fees, rents, tolls, rates, or other charges for the use 05 of the Knik Arm bridge and appurtenant facilities, or for a service developed, 06 operated, or provided by the authority; for purposes of exercising the power granted 07 in this paragraph, 08 (A) notwithstanding AS 37.10.050(a), fees, rents, tolls, rates, 09 and other charges fixed and collected under this paragraph may exceed the 10 actual operating cost of the use of the bridge, facility, or service; and 11 (B) the authority may make periodic changes in the tolls, 12 fees, and other charges that it imposes and collects for a vehicle's use of a 13 facility owned, controlled, or managed by the authority for which the toll, 14 fee, or other charge is imposed only if 15 (i) the amount of the percentage of change in the toll, 16 fee, or charge does not exceed the amount of the percentage of 17 change in the Consumer Price Index for all urban consumers for 18 the Anchorage metropolitan area compiled by the Bureau of Labor 19 Statistics, United States Department of Labor, since the initial 20 determination of a toll, fee, or other charge or the last periodic 21 change, whichever is later; however, the authority may exceed the 22 limitation of this sub-subparagraph if a greater change in a toll, 23 fee, or other charge is necessary to allow the authority to remain in 24 compliance with a provision of AS 19.75.221(b) or of a provision of 25 a trust agreement entered into to secure the bonds of the authority 26 issued under this chapter; and 27 (ii) the change is approved by the commissioner of 28 transportation and public facilities; 29 (11) bring civil actions, refer criminal actions to the appropriate 30 authority, and take other actions or enter into agreements with law enforcement and 31 collection agencies to enforce the collection of its fees, rents, tolls, rates, other
01 charges, penalties, and other obligations; 02 (12) pledge, encumber, transfer, or otherwise obligate revenue derived 03 by the authority from the ownership, use, or operation of toll facilities, including fees, 04 rents, tolls, rates, charges, or other revenue of the authority or money that the 05 legislature may appropriate, except a state tax or license, as security for bonds or other 06 indebtedness or agreements of the authority; 07 (13) deposit or invest its funds, subject to agreements with 08 bondholders; 09 (14) procure insurance against any loss in connection with its 10 operation; 11 (15) contract for and engage the services of consultants, experts, and 12 financial and technical advisors that the authority considers necessary for the exercise 13 of its powers and functions under this chapter; 14 (16) apply for, obtain, hold, and use permits, licenses, or approvals 15 from appropriate agencies of the state, the United States, a foreign country, and any 16 other proper agency in the same manner as any other person; 17 (17) perform reconnaissance studies and engineering, survey, and 18 design studies with respect to the Knik Arm bridge and its appurtenant facilities; 19 (18) exercise powers of eminent domain or file a declaration of taking 20 as necessary for the Knik Arm bridge and appurtenant facilities under AS 09.55.240 - 21 09.55.460 to acquire land or an interest in land; the authority's exercise of powers 22 under this paragraph may not exceed the permissible exercise of those powers by the 23 state; 24 (19) confer with municipal and other governments, metropolitan 25 planning organizations, and the department, concerning the Knik Arm bridge; 26 (20) do all acts and things necessary to carry out the powers expressly 27 granted or necessarily implied in this chapter; nothing in this chapter limits the powers 28 of the authority that are expressly granted or necessarily implied. 29 * Sec. 2. AS 19.75 is amended by adding a new section to article 2 to read: 30 Sec. 19.75.345. Public review and legislative notice and approval. (a) The 31 authority shall publish notice and provide a 60-day period for public review and
01 comment on all agreements, contracts, and other instruments proposed to be entered 02 into under AS 19.75.111(a)(5)(B). 03 (b) If, after consideration of public comments received under (a) of this 04 section, the authority determines that a potential agreement, contract, or other 05 instrument proposes a project that will sufficiently maximize the benefits to the people 06 of this state and merits the authority entering into the agreement, contract, or other 07 instrument, the authority shall 08 (1) issue a determination, with written findings addressing the basis for 09 the determination; 10 (2) publish notice of intent to enter into the agreement, contract, or 11 other instrument; and 12 (3) forward the notice under (2) of this subsection, along with the 13 findings, supporting documentation, and determination under (1) of this subsection, to 14 the presiding officer of each house of the legislature. 15 (c) If, after consideration of public comments received under (a) of this 16 section, the authority determines that a potential agreement, contract, or other 17 instrument, does not sufficiently maximize the benefits to the people of this state and 18 merit the authority entering into the agreement, contract, or other instrument, the 19 authority shall issue a written finding that addresses the basis for that determination. 20 (d) After the presiding officer of each house of the legislature receives a 21 determination from the authority under (b) of this section, the rules committee of each 22 house of the legislature shall introduce a bill in the committee's respective chamber 23 that provides for the approval of agreement, contract, or other instrument. 24 (e) If a bill approving the agreement, contract, or other instrument passes the 25 legislature within 60 days after the last date a presiding officer receives a 26 determination by the authority under (b) of this section, the authority shall make and 27 execute the agreement, contract, or other instrument after the effective date of the Act 28 approving the agreement, contract, or other instrument. 29 (f) Notwithstanding a legislative rule that prohibits the carryover of a bill after 30 the end of a special session or after the end of a regular session of a legislature, a bill 31 introduced under (d) of this section that is not passed or not withdrawn, defeated,
01 vetoed, or indefinitely postponed shall be carried over to any subsequent regular or 02 special legislative session convened during the 60-day period described in (e) of this 03 section in the same reading or status it was in at the time of adjournment. However, a 04 bill introduced under (d) of this section may not be carried over to the first regular 05 session of a legislature. 06 (g) If the legislature fails to approve the agreement, contract, or other 07 instrument entered into under AS 19.75.111(a)(5)(B), the authority may not enter into 08 the agreement, contract, or other instrument that the legislature failed to approve. 09 * Sec. 3. AS 44.42 is amended by adding a new section to article 1 to read: 10 Sec. 44.42.090. Commissioner to approve toll changes of the Knik Arm 11 Bridge and Toll Authority. The commissioner 12 (1) shall consider all proposed changes in the tolls, fees, and other 13 charges to be imposed and collected by the Knik Arm Bridge and Toll Authority under 14 AS 19.75; and 15 (2) may approve those changes; the commissioner shall exercise 16 authority under this paragraph in conformity to the standard set out in 17 AS 19.75.111(a)(10)(B).