00 CS FOR HOUSE BILL NO. 227(TRA) 01 "An Act relating to the Alaska Capital Improvement Project Authority; relating 02 to the powers and duties of the Department of Transportation and Public 03 Facilities; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. FINDINGS AND INTENT. (a) The legislature finds that 06 (1) well planned, constructed, and maintained transportation systems and public 07 facilities are essential to promoting the public health, safety, and welfare of citizens of the 08 state; 09 (2) consistent, long-term planning is necessary for efficient operation of state 10 and municipal governments and to maximize participation of the private sector in the design 11 and construction of transportation systems and public facilities; 12 (3) the public interest is best served by establishing a planning process for 13 capital improvements to transportation systems and public facilities that provides stability, 14 consistency, and continuity from the initial conception of a project to the completion of 01 construction of the project; 02 (4) the substantial investment of public funds in transportation systems and 03 public facilities requires the establishment of an entity that is responsible and accountable for 04 establishing policies for the planning of transportation systems and public facilities and that 05 is distinct from the planning staff that develops capital improvement projects for transportation 06 systems and public facilities. 07 (b) It is the intent of the legislature that the Alaska Capital Improvement Project 08 Authority 09 (1) review, revise, prioritize, and approve plans for transportation systems and 10 public facilities that are funded with state, federal, and other nonstate funds; 11 (2) determine the allocation of available funding resources among the various 12 categories and classes of transportation systems; 13 (3) maximize the use of state, federal, and other nonstate funds for the purpose 14 of improving the transportation infrastructure of the state; 15 (4) evaluate and prioritize projects using methods that are consistent with 16 criteria required by the Federal Aviation Administration, Federal Highway Administration, and 17 other funding sources. 18 * Sec. 2. AS 44.42 is amended by adding new sections to read: 19 Article 2. Alaska Capital Improvement Project Authority. 20  Sec. 44.42.110. Alaska Capital Improvement Project Authority. (a) There 21 is created in the Department of Transportation and Public Facilities the Alaska Capital 22 Improvement Project Authority. 23  (b) The authority consists of seven members. Members of the authority are 24 appointed by the governor and subject to confirmation by a majority of the members 25 of the legislature in joint session. The members serve for staggered five-year terms 26 and until a successor is appointed. A vacancy among the members of the authority 27 occurring other than by expiration of term shall be filled in the same manner as the 28 original appointment but only for the unexpired term and until a successor is 29 appointed. The members of the authority may be removed by the governor only for 30 cause. 31  (c) The governor shall appoint at least one member, but not more than two 01 members, of the authority from among the residents of each of the four judicial 02 districts in the state. Two members of the authority must have experience in the 03 operation, management, or use of modes of surface transportation facilities, including 04 highways, railroads, mass transportation facilities, or recreational transportation 05 facilities. Two members of the authority must have experience in the operation, 06 management, or use of modes of air transportation facilities, including airports, 07 commercial or private aviation facilities, or passenger or freight air services facilities. 08 Two members of the authority must have experience in the operation, management, or 09 use of modes of water-borne transportation facilities, including ports and harbors, 10 passenger or freight service facilities, recreational transportation facilities, or ferries. 11 One member of the authority must have experience in the operation, management, or 12 use of public buildings or public facilities other than transportation facilities. 13  (d) The members of the authority serve without compensation but are entitled 14 to per diem and travel expenses authorized for boards and commissions under 15 AS 39.20.180. The members of the authority shall comply with AS 39.50 (conflict of 16 interest). 17  (e) The members of the authority shall select a chair from among its members. 18 Four members of the authority constitute a quorum. The authority may take action 19 upon the affirmative vote of four of its members. 20  Sec. 44.42.120. Powers and duties of the authority. (a) The authority shall 21 review, revise as appropriate, and approve the following plans and programs prepared 22 by the department for capital improvement projects for the construction and 23 maintenance of transportation and public facilities constructed, operated, or maintained 24 by the department: 25  (1) construction and maintenance program for state-owned airports and 26 air navigation facilities under AS 02.15.065; 27  (2) construction and maintenance program for highways under 28 AS 19.10.140 and 19.10.150; 29  (3) five-year plan for local service roads and trails under AS 19.30.141; 30  (4) comprehensive plan for the Alaska marine highway system under 31 AS 19.65.011; 01  (5) construction and maintenance program for state-owned marine 02 facilities under AS 35.10.085; 03  (6) state transportation plan under AS 44.42.050; 04  (7) state public facility procurement plan under AS 44.42.055. 05  (b) The authority shall allocate the funding available for transportation systems 06 among the categories and classes of transportation systems and approve plans and 07 programs for transportation systems that are consistent with that allocation. 08  (c) Plans and programs approved by the authority shall be submitted to the 09 governor and legislature. 10  (d) The authority shall review, revise as appropriate, and approve the capital 11 improvement projects budget for transportation and public facilities prepared and 12 proposed by the department to implement the plans and programs approved by the 13 authority under (a) of this section and the allocations adopted under (b) of this section. 14 The department shall include in the proposed budget submitted to the authority the 15 projects to be undertaken during the following two fiscal years and a ranking of 16 priorities for the projects. The capital improvement project budget approved by the 17 authority shall be submitted to the governor for inclusion in the state capital projects 18 budget and to the legislature. 19  (e) The authority shall maximize the use of available federal funds for 20 planning, construction, and maintenance of transportation systems and public facilities 21 of the state to the extent permitted by federal law. 22  (f) The authority may submit proposals for capital improvement projects for 23 construction and maintenance of transportation and public facilities to the governor for 24 inclusion in supplemental or special appropriation bills. 25  (g) The authority may hire the minimum of staff, including a director, 26 necessary to efficiently perform the functions of the authority. 27  (h) The authority has independent fiscal, budgeting, and administrative powers 28 necessary to independently perform the functions of the authority. The authority is a 29 state agency for purposes of AS 37.07. The legislature shall appropriate money from 30 the general fund sufficient to provide the authority with funds to pay salaries, per 31 diem, travel expenses, hearing costs, and administrative costs of the authority. 01  (i) The annual operating budget of the department is not subject to review or 02 approval under this section. 03  Sec. 44.42.130. Fees; regulations. (a) The authority shall set fees, charges, 04 tolls, and rentals for the use of toll facilities under AS 37.15.740 by regulations 05 adopted under AS 44.62 (Administrative Procedure Act). 06  (b) The authority shall establish standards for marking and posting highways, 07 for traffic control signals, and for determination of speed limits and speed zones by 08 regulations adopted under AS 44.62 (Administrative Procedure Act). The department 09 shall propose standards for consideration and adoption by the authority under this 10 subsection. 11 * Sec. 3. AS 02.15 is amended by adding a new section to read: 12  Sec. 02.15.065. Construction and maintenance program for airports and 13 air navigation facilities. (a) The department shall establish a continuing, long-range 14 planning procedure for construction and maintenance of state-owned airports and air 15 navigation facilities. 16  (b) The department shall prepare annually a capital improvement project 17 construction and maintenance program for state-owned airports and air navigation 18 facilities that, subject to appropriation by the legislature, must include the projects to 19 be undertaken by the department during the following construction season, must 20 establish project priorities, and must describe proposed capital improvement projects 21 for construction and maintenance of state-owned airports and air navigation facilities 22 for at least the next succeeding two fiscal years. The department may propose 23 increases, decreases, amendments, or revisions to the construction and maintenance 24 program from time to time as circumstances warrant. The capital improvement project 25 construction and maintenance program and changes to the program, as proposed by the 26 department, are subject to review, revision, and approval of the Alaska Capital 27 Improvement Project Authority. 28  (c) Before February 2 of each year, the department shall prepare a list of 29 capital improvement projects for construction and maintenance of airports and air 30 navigation facilities that have been either proposed by the department, approved by the 31 Alaska Capital Improvement Project Authority, or funded by an appropriation by the 01 legislature. The list must set out a general itemization of the estimated cost for each 02 project and the total estimates of all projects. The department shall send the list to the 03 Alaska Capital Improvement Project Authority. 04  (d) This section does not apply to the state-owned international airports at 05 Anchorage and Fairbanks. 06 * Sec. 4. AS 19.05.040 is amended to read: 07  Sec. 19.05.040. Powers of department. The department may 08  (1) acquire property; 09  (2) exercise the power of eminent domain; 10  (3) take immediate possession of real property, or any interest in it 11 under a declaration of taking or by other lawful means; 12  (4) acquire rights-of-way for present or future use; 13  (5) control access to highways; 14  (6) regulate roadside development; 15  (7) preserve and maintain the scenic beauty along state highways; 16  (8) dispose of property acquired for highway purposes; 17  (9) accept and dispose of federal funds or property available for 18 highway construction, maintenance, or equipment; 19  (10) enter into contracts or agreements relating to highways with the 20 federal government, municipalities, a political subdivision, or with a foreign 21 government, if the contract is approved by the federal government; 22  (11) [ESTABLISH, LEVY, AND] collect tolls, fees, charges, and 23 rentals for the use of state roads, highways, bridges, tunnels, crossings, and causeways; 24 and 25  (12) exercise any other power necessary to carry out the purpose of 26 AS 19.05 - AS 19.25. 27 * Sec. 5. AS 19.10.040 is amended to read: 28  Sec. 19.10.040. Uniform system of marking and posting. The department 29 shall classify, designate, and mark highways under its jurisdiction  under standards 30 adopted by the Alaska Capital Improvement Project Authority. The Alaska 31 Capital Improvement Project Authority shall adopt regulations establishing 01 standards for  [AND SHALL PROVIDE] a uniform system of marking and posting 02 these highways. The system of marking and posting must correlate with and, as far 03 as possible, conform to the recommendations of the Manual on Traffic Control Devices 04 as adopted by the American Association of State Highway Officials. 05 * Sec. 6. AS 19.10.050 is amended to read: 06  Sec. 19.10.050. Traffic control signals. The  Alaska Capital Improvement 07 Project Authority [DEPARTMENT] shall prescribe types of traffic control signals to 08 regulate traffic on highways. These signals must correlate with and, as far as possible, 09 conform to the recommendations of the Manual on Uniform Traffic Control Devices 10 as adopted by the American Association of State Highway Officials. The  Alaska 11 Capital Improvement Project Authority [DEPARTMENT] shall adopt uniform 12 regulations for the placing and installation of traffic control signals. 13 * Sec. 7. AS 19.10.070 is amended to read: 14  Sec. 19.10.070. Speed limits and zones. The department may conduct 15 investigations with the assistance of the Department of Public Safety and shall 16 determine safe speed limits and safe speed zones on highways and other roadways 17 under its jurisdiction  in accordance with standards adopted by the Alaska Capital 18 Improvement Project Authority . 19 * Sec. 8. AS 19.10.072(a) is amended to read: 20  (a) In determining safe speed limits and safe speed zones, the department shall 21  comply with  [CONSIDER] the  standards adopted by the Alaska Capital 22 Improvement Project Authority under this section. The Alaska Capital 23 Improvement Project Authority shall adopt standards for determining safe speed 24 limits and safe speed zones. In adopting the standards, the Alaska Capital 25 Improvement Project Authority shall consider the  following factors in the order of 26 priority listed: 27  (1) neighborhood safety, including the presence of children and 28 pedestrian traffic; 29  (2) the presence of schools, houses, parks, and crosswalks; 30  (3) the presence of driveways, parked vehicles, and multiple turn 31 locations; 01  (4) that speed at which safe and prudent drivers could pass through the 02 speed zone; [AND] 03  (5) the effectiveness of local enforcement of the speed zone ; and 04  (6) other factors the Alaska Capital Improvement Project Authority 05 considers appropriate . 06 * Sec. 9. AS 19.10.140 is amended to read: 07  Sec. 19.10.140. Long-range program for highway construction and 08 maintenance. The [GOVERNOR SHALL REQUIRE THE] department  shall  [TO] 09 establish a continuing, long-range program for highway construction and maintenance. 10  Subject to review, revision, and approval by the Alaska Capital Improvement 11 Project Authority, the  [THE] program must annually project proposed  capital 12 improvement projects for  construction and maintenance of highways for not less than 13 the next succeeding five years. A statement of the  approved  program shall be 14 submitted by the governor to the legislature annually, and the  approved  long-range 15 program shall include in detail the  construction  program  proposed  [PREPARED] 16 under AS 19.10.150.  The authority may make amendments to an approved 17 program that affect projects for construction or maintenance of highways 18 approved by the Federal Highway Administration only if the amendments are 19 adopted in accordance with the program review, revision, and approval process 20 established by the authority.  21 * Sec. 10. AS 19.10.150 is amended to read: 22  Sec. 19.10.150. Construction program.  (a)  Before February 2 of each year, 23 the department shall prepare a statement showing what  capital improvement projects 24 for  construction  of highways have been either proposed  [WORK HAS BEEN 25 REQUESTED AND PROPOSED AND MAY BE UNDERTAKEN] by the department , 26 approved by the Alaska Capital Improvement Project Authority, or funded by an 27 appropriation by the legislature . The statement must set  out  [FORTH] a general 28 itemization of the estimated cost for each project and the total estimates of all projects. 29  The department shall send the statement to the Alaska Capital Improvement 30 Project Authority.  31   (b)  The department shall  prepare  [ADOPT] a construction program which 01 must include the projects to be undertaken by  the department  [IT] during the 02 following construction season and must establish project priorities. The department 03 may  propose increases, decreases, amendments, or revisions of  [INCREASE, 04 DECREASE, AMEND, OR REVISE] the construction program from time to time as 05 circumstances warrant.  The construction program and changes to the program are 06 subject to review, revision, and approval by the Alaska Capital Improvement 07 Project Authority.  08 * Sec. 11. AS 19.30.141 is amended to read: 09  Sec. 19.30.141. Acquisition and construction programs. Before October 1 10 of each fiscal year ,  each local government eligible for allocation of funds under 11 AS 19.30.131 shall submit to the commissioner [FOR APPROVAL] a five-year plan 12 for the acquisition and construction of local service roads and trails. Before 13 December 1 of each fiscal year ,  the commissioner shall submit to the  Alaska Capital 14 Improvement Project Authority for review, revision, and approval [GOVERNOR] 15 a five-year plan for the acquisition and construction of local service roads and trails, 16 including the approved local government programs. An organized borough shall 17 include in its five-year plan local service road acquisition and construction programs 18 for all cities other than home rule cities within the boundaries of the borough. The 19 commissioner shall include in the five-year plan local service road and trail acquisition 20 and construction within the unorganized borough.  The Alaska Capital Improvement 21 Project Authority shall submit the approved five-year plan to the governor and 22 the legislature.  23 * Sec. 12. AS 19.65.011 is amended to read: 24  Sec. 19.65.011. Comprehensive long-range plan. The Department of 25 Transportation and Public Facilities shall prepare a comprehensive long-range plan for 26 the development and improvement of the Alaska marine highway system and shall 27 revise and update the plan at least every five years. The department shall submit the 28 comprehensive long-range plan and revisions and updates of the plan to the  Alaska 29 Capital Improvement Project Authority for review, revision, and approval. The 30 authority shall submit the approved plan to the  legislature. 31 * Sec. 13. AS 30.15.010 is amended to read: 01  Sec. 30.15.010. State grants for port facilities construction. To the extent 02 funds are appropriated by the legislature, or from the proceeds from the sale of bonds, 03 the state may make grants to municipalities to finance a portion of the cost of 04 constructing local, regional, or state port facilities. The state shall participate only in 05 those projects approved by the governor on recommendation of the  Alaska Capital 06 Improvement Project Authority [COMMISSIONER]. 07 * Sec. 14. AS 35.10 is amended by adding a new section to article 2 to read: 08  Sec. 35.10.085. Construction and maintenance program for marine 09 facilities. (a) The department shall establish a continuing, long-range planning 10 procedure for construction and maintenance of state-owned marine facilities, including 11 harbors, docks, breakwaters, and waterways. 12  (b) The department shall prepare annually a capital improvement project 13 construction and maintenance program for state-owned marine facilities that, subject 14 to appropriation by the legislature, must include the projects to be undertaken by the 15 department during the following construction season, must establish project priorities, 16 and must describe proposed capital improvement projects for construction and 17 maintenance of state-owned marine facilities for at least the next succeeding two fiscal 18 years. The department may propose increases, decreases, amendments, or revisions to 19 the construction and maintenance program from time to time as circumstances warrant. 20 The capital improvement project construction and maintenance program and changes 21 to the program, as proposed by the department, are subject to review, revision, and 22 approval of the Alaska Capital Improvement Project Authority. 23  (c) Before February 2 of each year, the department shall prepare a list of 24 capital improvement projects for construction and maintenance of marine facilities that 25 have been either proposed by the department, approved by the Alaska Capital 26 Improvement Project Authority, or funded by an appropriation by the legislature. The 27 list must set out a general itemization of the estimated cost for each project and the 28 total estimates of all projects. The department shall send the list to the Alaska Capital 29 Improvement Project Authority. 30 * Sec. 15. AS 35.10.100 is amended to read: 31  Sec. 35.10.100. Determining need and priority of projects. The department 01 shall prepare the preliminary determination of need for each project of the type 02 described in AS 35.10.090 and its feasibility and appropriateness through 03 representations and data submitted to  the department  [IT] by the residents of each 04 community desiring a project, and from other information available to it. The 05 department shall  submit the preliminary determination for each project to the 06 Alaska Capital Improvement Project Authority. The Alaska Capital 07 Improvement Project Authority may  approve  projects, and, if the authority 08 approves any projects, the authority shall determine the  [AND MAKE THE 09 FINAL DETERMINATION OF THOSE PROJECTS, AND THEIR] order or priority 10 for which application is made  for those projects . 11 * Sec. 16. AS 37.15.730 is amended to read: 12  Sec. 37.15.730. Review of toll facility projects. A toll facility may be 13 financed under AS 37.15.610 - 37.15.760 if the following conditions are met for that 14 toll facility: 15  (1) the department submits to the governor and the legislature a 16 feasibility study  reviewed and approved by the Alaska Capital Improvement 17 Project Authority  that finds that the toll facility is financially feasible and able to 18 produce revenue adequate to repay the bonds with which it is financed; 19  (2) if financing in addition to revenue bonds is required to finance the 20 toll facility, the department submits to the governor and legislature a finance plan 21  reviewed and approved by the Alaska Capital Improvement Project Authority  that 22 includes an estimate of the total cost of the toll facility and a description of the sources 23 of money that will be used to finance the total cost of the toll facility; and 24  (3) the office of management and budget reviews the feasibility study 25 and the finance plan, if required, and reports its findings and recommendations to the 26 governor and legislature not later than 90 days after the study and plan are received 27 by the office. 28 * Sec. 17. AS 37.15.740 is amended to read: 29  Sec. 37.15.740. Toll facility charges. The  Alaska Capital Improvement 30 Project Authority  [COMMISSIONER OF TRANSPORTATION AND PUBLIC 31 FACILITIES] shall fix [AND COLLECT] the fees, charges, tolls, and rentals  for the 01 use of state toll facilities. The Department of Transportation and Public Facilities 02 shall collect the fees, charges, tolls, and rentals owing to  [DERIVED BY] the state 03 from the ownership, lease, use, and operation of the facilities authorized by 04 AS 37.15.720 and 37.15.730 and improvements of the facilities . The amount of fees, 05 charges, tolls, and rentals set by the authority shall  [AS WILL] provide revenue 06 sufficient to comply with all of the covenants of the bond resolution. 07 * Sec. 18. AS 37.15.760(7) is amended to read: 08  (7) "toll facilities" means highways, roads, bridges, tunnels, crossings, 09 and causeways upon which tolls, charges, rentals, or other user fees are placed by the 10  Alaska Capital Improvement Project Authority [COMMISSIONER OF 11 TRANSPORTATION AND PUBLIC FACILITIES]. 12 * Sec. 19. AS 39.50.200(b) is amended by adding a new paragraph to read: 13  (56) Alaska Capital Improvement Project Authority (AS 44.42.110). 14 * Sec. 20. AS 44.42.020(a) is amended to read: 15  (a) The department shall 16  (1) plan, design, construct, and maintain all state modes of 17 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 18 and similar facilities; 19  (2) study existing transportation modes and facilities in the state to 20 determine how they might be improved or whether they should continue to be 21 maintained; 22  (3) study alternative means of improving transportation in the state with 23 regard to the economic costs of each alternative and its environmental and social 24 effects; 25  (4) develop a comprehensive, long-range intermodal transportation plan 26 for the state; 27  (5) study alternatives to existing modes of transportation in urban areas 28 and develop plans to improve urban transportation; 29  (6) cooperate and coordinate with and enter into agreements with 30 federal, state, and local government agencies and private organizations and persons in 31 exercising its powers and duties; 01  (7) manage, operate, and maintain state transportation facilities and all 02 docks, floats, breakwaters, and buildings, including all state highways, vessels, 03 railroads, pipelines, airports, and aviation facilities; 04  (8) study alternative means of transportation in the state, considering 05 the economic, social, and environmental effects of each alternative; 06  (9) coordinate and develop state and regional transportation systems, 07 considering deletions, additions, and the absence of alterations; 08  (10) develop facility program plans for transportation and state 09 buildings, docks, and breakwaters required to implement the duties set out in this 10 section, including [BUT NOT LIMITED TO] functional performance criteria and 11 schedules for completion; 12  (11) supervise and maintain all state automotive and mechanical 13 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 14 Fish and Game or the Department of Public Safety; for state vehicles maintained by 15 the department, the department shall annually evaluate the cost, efficiency, and 16 commercial availability of natural gas for automotive purposes, and the purpose for 17 which the vehicles are intended to be used, and convert or purchase vehicles to  use  18 [UTILIZE] natural gas whenever practicable; the department may participate in joint 19 ventures with public or private partners that will foster the availability of natural gas 20 for all automotive fuel consumers; 21  (12) supervise aeronautics inside the state, under AS 02.10; 22  (13) complete and maintain a current inventory of public facilities, 23 including a projection of the serviceability of the facilities and projections of 24 replacements and additions to facilities needed to provide the level of services 25 programmed by the various user agencies, for municipalities with populations 26 of less than 12,000 and for unincorporated communities, and perform those 27 duties on a cooperative basis with larger municipalities; 28  (14) adopt energy performance standards for public facilities of the 29 state, the construction of which begins after July 1, 1980; the standards shall be based 30 on thermal and lighting energy standards established by the American Society of 31 Heating, Refrigeration and Air Conditioning Engineers as adapted for application in 01 high latitude, cold climate environs; 02  (15) provide planning assistance, including [BUT NOT LIMITED TO] 03 energy audits and related technical services, to school districts and regional educational 04 attendance areas to develop and implement 05  (A) standards for the design, construction, and operation of rural 06 educational facilities; and 07  (B) energy conservation measures for rural educational facilities 08  (16) implement the safety and financial responsibility requirements for 09 air carriers under AS 02.40; 10  (17) inspect weights and measures ; 11  (18) submit to the Alaska Capital Improvement Project Authority 12 for review, revision, and approval 13  (A) plans and programs prepared by the department that 14 are described under AS 44.42.120; 15  (B) proposed capital improvement project budgets to fund 16 the plans and programs approved by the Alaska Capital Improvement 17 Project Authority; 18  (19) provide information requested by the Alaska Capital 19 Improvement Project Authority . 20 * Sec. 21. AS 44.42.050(a) is amended to read: 21  (a) The commissioner shall develop annually a comprehensive, intermodal, 22 long-range transportation plan for the state. In developing and revising the state plan, 23 the commissioner shall consider means and costs of improving existing modes and 24 facilities, state and federal subsidies, and the costs and benefits of new transportation 25 modes and facilities. The commissioner shall also consider the recommendation of the 26 Alaska Transportation Planning Council. The plan shall be submitted to the  Alaska 27 Capital Improvement Project Authority  [GOVERNOR] for review , revision,  and 28 approval . The authority shall submit the approved plan to  [AND SUBMITTED 29 BY] the governor  and  to the legislature. 30 * Sec. 22. AS 44.42.050(c) is amended to read: 31  (c) Copies of the plan  and revisions of the plan , as  approved by the Alaska 01 Capital Improvement Project Authority  [REVISED], shall be kept on file as a 02 public document in the office of the commissioner and at each regional office of the 03 department. 04 * Sec. 23. AS 44.42.050(d) is amended to read: 05  (d) The plan must include a description of projects planned for design and 06 construction for the following two  fiscal  years. The description is in addition to the 07 long-range  programs  [PLAN] required by (a) of this section and by  AS 02.15.065,  08 AS 19.10.140 , and AS 35.10.085 . The description must include an itemization of the 09 estimated cost for each project and the total cost of all projects. The commissioner 10 shall propose and forward to the  Alaska Capital Improvement Project Authority  11 [GOVERNOR] for review , revision,  and approval [AND INCLUSION, 12 AS APPROVED, IN THE CAPITAL BUDGET] a construction program that includes 13 the projects to be undertaken during the following two  fiscal  years, including 14 recommended project priorities. The Alaska Capital Improvement Project 15 Authority shall submit the approved construction program to the governor for 16 inclusion in the capital budget and to the legislature. Funds for transportation 17 construction projects and necessary contingencies shall be itemized as allocations 18 within the bill for the General Appropriations Act. 19 * Sec. 24. AS 44.42.055(b) is amended to read: 20  (b) In developing and biennially revising the facility procurement plan, the 21 commissioner shall 22  (1) request and receive on an annual basis from all state agencies a 23 projection of the anticipated facility needs of the agency for the next annual capital 24 improvement program; 25  (2) consult with officials and representatives of municipalities, the 26 federal government, interested corporations and other organizations concerning public 27 facility needs in the state; 28  (3) develop specific facility procurement plans for projects in each of 29 the following categories: 30  (A) sewage and other wastewater collection, treatment, and 31 disposal facilities; 01  (B) water source, treatment, and distribution facilities; 02  (C) solid waste collection and disposal facilities; 03  (D) hazardous and toxic waste collection and disposal facilities; 04  (E) electrical generation and distribution systems; 05  (F) health care and social services facilities; 06  (G) educational facilities; 07  (H) transportation facilities; 08  (I) public safety and justice facilities; 09  (J) recreational facilities; 10  (K) sanitation facilities; and 11  (L) cultural facilities; 12  (4) prepare recommendations to accommodate the various levels of 13 service identified by state agencies and other parties with respect to the services 14 described in (3) of this subsection, to include 15  (A) current and future facility needs; 16  (B) space standards and design guidelines for the appropriate 17 facility types; 18  (C) maintenance and operations standards for the appropriate 19 facility types; 20  (D) construction techniques and contracting methods; 21  (E) facility project budget requirements; and 22  (F) relative costs of identified alternatives (life cycle cost 23 analysis) including but not limited to the installation and operation of energy 24 systems that are not dependent on oil or gas for water heating, space heating 25 and cooling requirements, and for the generation of electrical or mechanical 26 power; 27  (5) identify common public facility needs among the various user 28 agencies; and 29  (6) submit  the commissioner's [ITS] findings, plans, and 30 recommendations to the  Alaska Capital Improvement Project Authority for review, 31 revision as appropriate, and approval  [GOVERNOR AND TO THE APPROPRIATE 01 STATE AGENCY TO FACILITATE THE DEVELOPMENT OF AGENCY CAPITAL 02 IMPROVEMENT BUDGET REQUESTS]. 03 * Sec. 25. AS 44.42.900 is amended by adding new paragraphs to read: 04  (4) "authority" means the Alaska Capital Improvement Project 05 Authority; 06  (5) "capital improvement project" means a project with a cost 07 exceeding $10,000 to acquire or improve a transportation or public facility with an 08 anticipated life exceeding one year; in this paragraph, "project" includes land 09 acquisition, construction, repair, or structural improvement of a facility, engineering 10 and design for a facility, and acquisition or repair of equipment. 11 * Sec. 26. AS 44.47.092 is amended to read: 12  Sec. 44.47.092. Land use planning and state facility procurement plan. 13 The department shall make recommendations to the Department of Transportation and 14 Public Facilities , to the Alaska Capital Improvement Project Authority,  and to 15 appropriate program agencies concerning the effect upon the comprehensive plan or 16 other land use plans or proposals of municipalities and unincorporated communities 17 with respect to the facility procurement plan required to be prepared in accordance 18 with AS 35.10.170 and AS 44.42.055. 19 * Sec. 27. SAVINGS CLAUSE. (a) Litigation, hearings, investigations, and other 20 proceedings pending under a law amended or repealed by this Act, or in connection with 21 functions transferred by this Act, continue in effect and may be continued and completed 22 notwithstanding a transfer or amendment or repeal provided for in this Act. 23 (b) The regulations adopted by the Department of Transportation and Public Facilities 24 that relate to functions transferred by this Act remain in effect and may be implemented and 25 enforced by the department until the Alaska Capital Improvement Project Authority adopts its 26 own regulations under AS 44.42 and those regulations take effect. 27 * Sec. 28. INITIAL APPOINTMENT OF MEMBERS OF THE ALASKA CAPITAL 28 IMPROVEMENT PLANNING AUTHORITY. Notwithstanding AS 44.42.110, added by 29 sec. 2 of this Act, the governor shall designate persons initially appointed to serve as members 30 of the Alaska Capital Improvement Project Authority to terms as follows: one person to a one- 31 year term, one person to a two-year term, two persons to a three-year term, one person to a 01 four-year term, and two persons to a five-year term. 02 * Sec. 29. CONFORMANCE WITH OTHER LEGISLATION. If a bill transferring the 03 Alaska marine highway system to a state authority is passed by the Twentieth Alaska State 04 Legislature and enacted into law, the provisions of that bill as enacted into law supersede 05 conflicting provisions of sec. 12 of this Act and other provisions of this Act relating to the 06 Alaska marine highway system. 07 * Sec. 30. This Act takes effect July 1, 1998.