00 SENATE BILL NO. 147                                                                                                   
01 "An Act relating to local contributions under the village safe water program; and                                       
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 46.07.040(a) is amended to read:                                                                  
05  (a)  The commissioner shall provide for the construction of facilities under this                                     
06 chapter, and is authorized to provide for the construction by contract or through grants                                
07 to public agencies or private nonprofit organizations, or otherwise.  A  local                                        
08 contribution  under AS 46.07.045  toward the cost of the construction of a facility  is                             
09 [MAY NOT BE] required from  the village that is benefited by the facility  [ITS                                       
10 USERS].  Construction under this section by contract is governed by AS 36.30 (State                                     
11 Procurement Code).                                                                                                      
12    * Sec. 2.  AS 46.07 is amended by adding a new section to read:                                                    
13  Sec. 46.07.045.  Local contribution.  (a)  A local contribution is required for                                     
14 each draw of money that the commissioner makes available for the cost of construction                                   
01 of a facility.                                                                                                          
02  (b)  The local contribution for a village that is a first or second class city equals                                 
03 the local share percentage as calculated under (1) of this subsection, divided by the                                   
04 state share percentage as calculated under (2) of this subsection, multiplied by the                                    
05 amount of the draw.   For purposes of this subsection,                                                                  
06   (1)  the local share percentage is the greater of                                                                    
07   (A)  five percent; or                                                                                               
08   (B)  the percentage obtained by dividing the amount that would                                                      
09 be received by the city from a property tax levy of 1/1000th of a mill per                                              
10 $1,000 of state funds provided for the construction of the facility by the sum                                          
11 of that first amount plus the amount of the draw, but not more than 30 percent;                                         
12   (2)  the state share percentage equals one minus the local share                                                     
13 percentage;                                                                                                             
14   (3)  except as provided in this paragraph, the local contribution may not                                            
15 be satisfied with money from, or with the portion of an asset that was obtained with                                    
16 money from, an appropriation, allocation, entitlement, grant, or other payment from the                                 
17 state;  the local contribution may be satisfied with                                                                    
18   (A)  federal, municipal, or local money;                                                                            
19   (B)  labor, materials, or equipment used directly in the                                                            
20 construction of the project, or land, including land transferred by the state to                                        
21 the city; the commissioner shall determine the value of a contribution under                                            
22 this subparagraph;                                                                                                      
23   (C)  money from another nonstate source;                                                                            
24   (D)  money received by the city under AS 29.60.010 -                                                                
25 29.60.375;                                                                                                              
26   (E)  state taxes refunded or reimbursed to the city whose use for                                                   
27 the purposes of this subsection is not prohibited; or                                                                   
28   (F)  money obtained from the sale or lease of land or other                                                         
29 assets transferred by the state to the city.                                                                            
30  (c)  The local contribution for a village that is an unincorporated community                                         
31 equals the local share percentage as calculated under (1) of this subsection, divided by                                
01 the state share percentage as calculated under (2) of this subsection, multiplied by the                                
02 amount of the draw.  For purposes of this subsection,                                                                   
03   (1)  the local share percentage is five percent;                                                                     
04   (2)  the state share percentage equals one minus the local share                                                     
05 percentage;                                                                                                             
06   (3)  except as provided in this paragraph, the local contribution may not                                            
07 be satisfied with money from, or with the portion of an asset that was obtained with                                    
08 money from, an appropriation, allocation, entitlement, grant, or other payment from the                                 
09 state; the local contribution may be satisfied from                                                                     
10   (A)  federal or local money;                                                                                        
11   (B)  labor, materials, or equipment used directly in the                                                            
12 construction of the project, or land, including land transferred by the state; the                                      
13 commissioner shall determine the value of a contribution under this                                                     
14 subparagraph;                                                                                                           
15   (C)  money from another nonstate source;                                                                            
16   (D)  money received by the unincorporated community under                                                           
17 AS 29.60.010 - 29.60.375; or                                                                                            
18   (E)  money obtained from the sale or lease of land or other                                                         
19 assets transferred by the state.                                                                                        
20    * Sec. 3.  TRANSITION.  Notwithstanding AS 46.07.040, as amended in sec. 1 of this Act,                            
21 and AS 46.07.045, added in sec. 2 of this Act, if construction of a facility, excluding planning,                       
22 was begun before the effective date of this Act, a local contribution is not required for the cost                      
23 of the construction of the facility.                                                                                    
24    * Sec. 4.  This Act takes effect July 1, 1999.