00 HOUSE CS FOR CS FOR SENATE BILL NO. 287(CRA) 01 "An Act relating to the unincorporated community capital project matching 02 grant 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. Appropriations 07 to the fund do not lapse except as provided in (h) of this section. The money in the 08 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 the 07 amount needed to fund the projects presented to the legislature under (e) of this 08 section [DETERMINED BY DIVIDING THE TOTAL AMOUNT APPROPRIATED 09 TO THE FUND DURING THAT FISCAL YEAR BY THE NUMBER OF 10 UNINCORPORATED COMMUNITIES ELIGIBLE FOR AN ALLOCATION 11 DURING THAT FISCAL YEAR]. 12 * Sec. 2. AS 37.06.020(c) is amended to read: 13 (c) A maximum [MINIMUM] of $25,000 may [SHALL] be allocated to each 14 eligible unincorporated community's grant account each fiscal year under (b) of this 15 section. If appropriations are not sufficient to fully fund the [MINIMUM] amount for 16 each eligible unincorporated community, the amount appropriated shall be allocated 17 on a pro rata basis [EQUALLY] among the eligible unincorporated communities. 18 If appropriations exceed the amount necessary to fully fund the amount for each 19 eligible unincorporated community, the excess amount lapses into the general 20 fund. 21 * Sec. 3. AS 37.06.020(d) is amended to read: 22 (d) The department shall designate, in each eligible unincorporated community, 23 a [AN INCORPORATED] nonprofit corporation [ENTITY] or a Native village 24 council that agrees to receive and spend grant money allocated to the unincorporated 25 community's individual grant account under (b) of this section. If the community is 26 located in a borough or a unified municipality, the department may only designate 27 the entity that has been approved by the assembly and the department must have 28 written evidence of that approval. If there is more than one qualified entity in a 29 community in the unorganized borough, the department shall designate the entity that 30 the department finds most qualified to make draws from that unincorporated 31 community's individual grant account and spend the money. If there is no qualified 01 [INCORPORATED] nonprofit corporation [ENTITY] or Native village council in an 02 unincorporated community that will agree to receive and spend money allocated to the 03 community under (b) of this section, draws may not be made from the unincorporated 04 community's individual grant account and the amount allocated to the account lapses 05 into the general fund. An entity qualifies for designation under this subsection only 06 if it 07 (1) was formed to serve a public or civic purpose; 08 (2) is registered and in good standing with the Department of 09 Commerce and Economic Development if it is a nonprofit corporation; 10 (3) agrees to use the grant money for a public purpose; 11 (4) provides the residents of the community with a public facility 12 or service; 13 (5) has held a public meeting to give residents of the community the 14 opportunity to express their preferences and ideas for use of the grant money; 15 and 16 (6) agrees to make a facility provided with grant money available 17 to every person in the community. 18 * Sec. 4. AS 37.06.020(e) is amended to read: 19 (e) By October 1 of each fiscal year, the [INCORPORATED] nonprofit 20 corporation [ENTITY] or Native village council designated by the department under 21 (d) of this section shall submit to the governor a prioritized list of capital projects and 22 estimated costs to be financed with money from the community's individual grant 23 account established under (b) of this section. The list must include the amount and 24 source of the local share required by AS 37.06.030. If the community is located in 25 a borough or unified municipality, the list is subject to approval of the assembly 26 and must be accompanied by written evidence of that approval. The governor 27 shall include in the capital improvements program presented to the legislature under 28 AS 37.07.060 the projects submitted by designated entities under this subsection that 29 the governor recommends for funding. If, in the capital improvements program, the 30 governor includes projects in other than the priority order submitted by a designated 31 entity, the governor shall provide the legislature with a written statement of the reasons 01 for that action. 02 * Sec. 5. AS 37.06.030(b) is amended to read: 03 (b) For each draw made by an entity or council under AS 37.06.020, the 04 incorporated entity or Native village council that makes the draw shall contribute a local 05 share of the cost of the capital project for which the draw is made. The amount of the 06 local share for an unincorporated community in a borough or unified municipality 07 is the amount of the local share for that borough or unified municipality as 08 calculated under (a) of this section. The amount of the local share for an 09 unincorporated community in the unorganized borough equals the local share 10 percentage as calculated under (1) of this subsection, divided by the state share 11 percentage as calculated under (2) of this subsection, multiplied by the amount of the 12 draw. For purposes of this subsection, 13 (1) the local share percentage is five percent; 14 (2) the state share percentage equals one minus the local share 15 percentage; 16 (3) the local share may be satisfied from (A) federal or local money; (B) 17 labor, materials, or equipment used directly in the construction of the project, or land, 18 including land transferred by the state; the department shall determine the value of a 19 contribution under this subparagraph; (C) money from another nonstate source; (D) 20 money received by the unincorporated community under AS 29.60.010 - 29.60.375; or 21 (E) money obtained from the sale or lease of land or other assets transferred by the state; 22 except as provided in this paragraph, the local share may not be satisfied with money 23 from, or with the portion of an asset that was obtained with money from, an 24 appropriation, allocation, entitlement, grant, or other payment from the state. 25 * Sec. 6. This Act takes effect July 1, 1996.