00 HOUSE BILL NO. 217 01 "An Act relating to the transfer of duties from the Department of Administration to the 02 Department of Transportation and Public Facilities; relating to real property leases and 03 lease-purchase agreements; relating to the management of state facilities; relating to the 04 duties of the Department of Administration and the Department of Transportation and 05 Public Facilities; relating to the Alaska public building fund; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 35.05.010 is amended to read: 09 Sec. 35.05.010. Planning, [AND] construction, leasing, and procurement.  10 The department is responsible for the planning and construction of public works and  11 for leasing space for the use of the state or an agency, except as provided for court 12 facilities in AS 22.05.025. The procurement of contracts [CONTRACTS] for 13 planning and construction of public works and the procurement of leases of space  01 for the use of the state or an agency are governed by AS 36.30 (State Procurement 02 Code). 03  * Sec. 2. AS 35.05.040 is amended to read: 04 Sec. 35.05.040. Powers of department. The department may 05 (1) acquire property; 06 (2) exercise the power of eminent domain; 07 (3) take immediate possession of real property, or any interest in it 08 under a declaration of taking or by other lawful means; 09 (4) acquire rights-of-way for present or future use; 10 (5) dispose of excess property or property rights; 11 (6) accept and dispose of federal funds or property available for public 12 works construction, maintenance, or equipment; 13 (7) enter into contracts or agreements relating to public works with the 14 federal government and political subdivisions, and also enter into contracts with a 15 foreign government if approved by the federal government; 16 (8) exercise any other power necessary to carry out the purpose of this 17 title; 18 (9) lease or grant land or any interest in land to the Alaska Housing 19 Finance Corporation for a purpose set out in AS 18.55.100 - 18.55.960 on terms and 20 conditions prescribed by the department; 21 (10) procure directly materials, labor, and contractual services for 22 planning, designing, leasing, and constructing public facilities of the state; 23 (11) procure leases of space under AS 36.30 (State Procurement  24 Code) and manage the leases. 25  * Sec. 3. AS 35.05 is amended by adding a new section to read: 26 Sec. 35.05.070. Definition. In AS 35.05.010 - 35.05.060, "agency" has the 27 meaning given in AS 36.30.990. 28  * Sec. 4. AS 35.10.160 is amended to read: 29 Sec. 35.10.160. Findings and purpose. The legislature finds that since the 30 needs of the state for physical facilities of all kinds are diverse, the planning, design, 31 [AND] construction, and procurement of public facilities and the leasing of space 01 should be executed in accordance with facility procurement policies developed by the 02 department and reviewed annually by the legislature. 03  * Sec. 5. AS 35.10.170 is amended to read: 04 Sec. 35.10.170. Duties of department. In addition to other duties prescribed 05 by statute, the department shall 06 (1) develop facility procurement policies for the planning, design, 07 lease, construction, maintenance, and operation of public facilities of the state; 08 (2) develop and maintain an inventory of physical facilities currently 09 owned or occupied by the state; 10 (3) make projections of future public facility needs of the state, analyze 11 facilities needed, and establish methodology for program planning and facilities 12 project planning, design, and construction, based upon 13 (A) a justification of the level of service anticipated by the 14 program agency, utilizing population projections and estimates approved by 15 the governor; 16 (B) consideration of the geographical area to be served by the 17 facility and relevant data concerning the agency's existing public facilities in 18 that area; 19 (C) the date by which the services are to be provided; 20 (D) alternative program methods for providing the services; 21 and 22 (E) pertinent data requested by the department in accordance 23 with procedures developed under AS 35.10.180; 24 (4) engage in experimental projects as necessary relating to any 25 available or future method of facility procurement, design, lease, or construction and 26 any method of improving existing design, planning, and construction techniques; 27 (5) develop life cycle costs of public facilities of the state; 28 (6) develop life cycle costing methodologies for the following special 29 purposes: 30 (A) budget forecasting to support facility program planning and 31 analysis; 01 (B) systematic cost estimating to forecast planning, design, 02 lease procurement, and construction; 03 (C) budget forecasting to support development of annual 04 maintenance and operating strategies and life cycle cost plans; 05 (D) alternative methods of space acquisition and space 06 equalization that [WHICH] will maximize the effectiveness of public funds; 07 (7) apply for and accept, on behalf of the state, grants from the federal 08 government or an agency of it or from another state foundation, corporation, 09 association, or individual for any of the functions or purposes of the department and 10 may expend any of the money received under this section for any of the functions or 11 purposes. 12  * Sec. 6. AS 35.10.190(a) is amended to read: 13 (a) The department shall coordinate the procurement of physical facilities for 14 the state by lease or construction to insure the greatest cost savings of planning, 15 design, and contractual techniques. 16  * Sec. 7. AS 35.10.195 is amended to read: 17 Sec. 35.10.195. Compliance [CONFORMANCE] with AS 36.30. The 18 contractual techniques for the procurement of labor, materials, and contractual 19 services, including the procurement of construction services and leases of space, 20 under [THE POLICIES DEVELOPED UNDER] this chapter must conform to the 21 requirements of AS 36.30 (State Procurement Code). 22  * Sec. 8. AS 35.10.200 is amended to read: 23 Sec. 35.10.200. Definitions. In AS 35.10.160 - 35.10.200, 24 (1) "life cycle costs" means analytic techniques that [WHICH] provide 25 data to describe the first cost of procurement of public facilities by construction or by  26 leases and the maintenance cost, operation cost, and occupancy cost of the facilities; 27 (2) "policies" includes but is not limited to budget accounting and cost 28 planning techniques, facility design techniques, and contractual techniques for the 29 procurement of labor, materials, leases, and contractual services. 30  * Sec. 9. AS 36.30.005(b) is amended to read: 31 (b) Except as otherwise provided in this subsection and this chapter, all 01 rights, powers, duties, and authority relating to the procurement of construction and 02 procurements of equipment or services for the state equipment fleet and the control 03 over construction of state facilities and the state equipment fleet vested in or exercised 04 by an agency on January 1, 1988, are transferred to the commissioner of transportation 05 and public facilities, subject to regulations adopted by the commissioner of 06 administration. Notwithstanding AS 44.68.110, authority relating to disposals from the 07 state equipment fleet is vested in the commissioner of transportation and public 08 facilities, subject to regulations adopted by the commissioner of administration. The  09 commissioner of transportation and public facilities has all of the rights, powers,  10 duties, and authority relating to the procurement of leases of space for the use of  11 the state or an agency. Authority granted under this subsection shall be exercised in 12 accordance with this chapter. 13  * Sec. 10. AS 36.30.015(a) is amended to read: 14 (a) The commissioner of transportation and public facilities may delegate to 15 another agency the authority to contract for construction or to lease space for the use  16 of the state or an agency. Before delegating authority to an agency under this 17 subsection, the commissioner of transportation and public facilities shall make a 18 written determination that the agency is capable of implementing the delegated 19 authority. Notwithstanding delegation of authority under this subsection, contracts for 20 construction and leases of space are governed by this chapter and regulations adopted 21 by the commissioner of administration under this chapter. 22  * Sec. 11. AS 36.30.015(b) is amended to read: 23 (b) The commissioner of administration may delegate to an agency the 24 authority to contract for and manage services, professional services, and supplies. 25 Notwithstanding delegation of authority under this subsection, an agency's exercise of 26 the authority is governed by this chapter and regulations adopted by the commissioner 27 under this chapter. Before delegating authority to an agency under this subsection, the 28 commissioner shall make a written determination that the agency is capable of 29 implementing the delegated authority. In this subsection, "supplies" does not  30 include real property leases. 31  * Sec. 12. AS 36.30.080(a) is amended to read: 01 (a) The Department of Transportation and Public Facilities 02 [DEPARTMENT] shall lease space for the use of the state or an agency wherever it is 03 necessary and feasible, subject to compliance with the requirements of this chapter. A 04 lease may not provide for a period of occupancy greater than 40 years. An agency 05 requiring office, warehouse, or other space shall lease the space through the 06 Department of Transportation and Public Facilities [DEPARTMENT]. 07  * Sec. 13. AS 36.30.080(c) is amended to read: 08 (c) If the Department of Transportation and Public Facilities 09 [DEPARTMENT], the Board of Regents of the University of Alaska, the legislative 10 council, or the supreme court intends to enter into or renew a lease of real property 11 with an annual rent to the Department of Transportation and Public Facilities 12 [DEPARTMENT], University of Alaska, legislative council, or supreme court that is 13 anticipated to exceed $500,000, or with total lease payments that exceed $2,500,000 14 for the full term of the lease, including any renewal options that are defined in the 15 lease, the Department of Transportation and Public Facilities [DEPARTMENT], 16 the Board of Regents, the legislative council, or supreme court shall provide notice to 17 the legislature. The notice must include the anticipated annual lease obligation amount 18 and the total lease payments for the full term of the lease. The Department of  19 Transportation and Public Facilities [DEPARTMENT], the Board of Regents, the 20 legislative council, and the supreme court may not enter into or renew a lease of real 21 property 22 (1) requiring notice under this subsection unless the proposed lease or 23 renewal of a lease has been approved by the legislature by law; an appropriation for 24 the rent payable during the initial period of the lease or the initial period of lease 25 renewal constitutes approval of the proposed lease or renewal of a lease for purposes 26 of this paragraph; 27 (2) under this subsection if the total of all optional renewal periods 28 provided for in the lease exceeds the original term of the lease exclusive of the total 29 period of all renewal options. 30  * Sec. 14. AS 36.30.080(d) is amended to read: 31 (d) When the Department of Transportation and Public Facilities 01 [DEPARTMENT] is evaluating proposals for a lease of space, the Department of  02 Transportation and Public Facilities [DEPARTMENT] shall consider, in addition to 03 lease costs, the life cycle costs, function, indoor environment, public convenience, 04 planning, design, appearance, and location of the proposed building. 05  * Sec. 15. AS 36.30.080(e) is amended to read: 06 (e) When the Department of Transportation and Public Facilities 07 [DEPARTMENT] is considering leasing space, the Department of Transportation  08 and Public Facilities [DEPARTMENT] should consider whether leasing is likely to 09 be the least costly means to provide the space. 10  * Sec. 16. AS 36.30.080(f) is amended to read: 11 (f) When the Department of Transportation and Public Facilities 12 [DEPARTMENT] is acquiring leased space of 7,000 square feet or less, the 13 Department of Transportation and Public Facilities [DEPARTMENT] may 14 procure the leased space using the procedures for small procurements under 15 AS 36.30.320, providing public notice is given to prospective offerors in the market 16 area. 17  * Sec. 17. AS 36.30.083 is amended to read: 18 Sec. 36.30.083. Lease extensions authorized. (a) Notwithstanding any other 19 provision of this chapter, the Department of Transportation and Public Facilities 20 [DEPARTMENT], the Board of Regents of the University of Alaska, the legislative 21 council, or the court system may extend a real property lease that is entered into under 22 this chapter for up to 10 years if a minimum cost savings of at least 10 percent below 23 the market rental value of the real property at the time of the extension would be 24 achieved on the rent due under the lease. The market rental value must be established 25 by a real estate broker's opinion of the rental value or by an appraisal of the rental 26 value. 27 (b) The Department of Transportation and Public Facilities 28 [DEPARTMENT], the University of Alaska, the court system, and the Legislative 29 Affairs Agency shall submit individually an annual report to the Legislative Budget 30 and Audit Committee detailing the leases extended and the cost savings achieved by 31 that entity under (a) of this section. The reports are due August 31 of each year. 01  * Sec. 18. AS 36.30.085(a) is amended to read: 02 (a) To perform its duties and statutory functions, the Department of  03 Transportation and Public Facilities [DEPARTMENT], the Board of Regents of the 04 University of Alaska, the legislative council, or the supreme court may enter into 05 lease-purchase agreements for real property. The Department of Transportation and  06 Public Facilities [DEPARTMENT], the Board of Regents, the legislative council, or 07 the supreme court may enter into a lease-purchase agreement only if the Department  08 of Transportation and Public Facilities [DEPARTMENT], the Board of Regents, 09 the legislative council, or the supreme court is the lessee under the agreement. 10  * Sec. 19. AS 36.30.085(b) is amended to read: 11 (b) When evaluating proposals to acquire or improve real property under a 12 lease-purchase agreement, the Department of Transportation and Public Facilities 13 [DEPARTMENT], the Board of Regents, the legislative council, or the supreme court 14 shall consider 15 (1) in addition to lease costs, the life cycle costs, function, indoor 16 environment, public convenience, planning, design, appearance, and location of the 17 real property proposed for acquisition or improvement; and 18 (2) whether acquisition or improvement of the real property by lease- 19 purchase agreement is likely to be the least costly means to provide the space. 20  * Sec. 20. AS 36.30.085(c) is amended to read: 21 (c) A lease-purchase agreement 22 (1) may not provide for a period of occupancy under the full term of 23 the lease-purchase agreement that is greater than 40 years; 24 (2) must provide that lease payments made by the Department of  25 Transportation and Public Facilities [DEPARTMENT], the Board of Regents, the 26 legislative council, or the supreme court are subject to annual appropriation. 27  * Sec. 21. AS 36.30.085(d) is amended to read: 28 (d) If the Department of Transportation and Public Facilities 29 [DEPARTMENT], Board of Regents, legislative council, or supreme court intends to 30 enter into or renew a lease-purchase agreement for real property, the Department of  31 Transportation and Public Facilities [DEPARTMENT], Board of Regents, 01 legislative council, or supreme court shall provide notice to the legislature. The notice 02 must include the 03 (1) anticipated total construction, acquisition, or other costs of the 04 project; 05 (2) anticipated annual amount of the rental obligation; and 06 (3) total lease payments for the full term of the lease-purchase 07 agreement. 08  * Sec. 22. AS 36.30.085(e) is amended to read: 09 (e) The Department of Transportation and Public Facilities 10 [DEPARTMENT], the Board of Regents, the legislative council, or the supreme court 11 may not enter into a lease-purchase agreement to acquire or improve real property 12 unless the agreement has been approved by the legislature by law. 13  * Sec. 23. AS 36.30.300(a) is amended to read: 14 (a) A contract may be awarded for supplies, services, professional services, or 15 construction without competitive sealed bidding, competitive sealed proposals, or 16 other competition in accordance with regulations adopted by the commissioner. A 17 contract may be awarded under this section only when the chief procurement officer 18 or, for construction contracts, leases of real property, or procurements for the state 19 equipment fleet, the commissioner of transportation and public facilities determines in 20 writing that 21 (1) it is not practicable to award a contract by competitive sealed 22 bidding under AS 36.30.100, competitive sealed proposals under AS 36.30.200, or 23 limited competition under AS 36.30.305; and 24 (2) award of the contract under this section is in the state's best 25 interest. 26  * Sec. 24. AS 36.30.305(a) is amended to read: 27 (a) A construction contract under $100,000, or a contract for supplies, 28 services, or professional services, may be awarded without competitive sealed bidding 29 or competitive sealed proposals, in accordance with regulations adopted by the 30 commissioner. A contract may be awarded under this section only when the chief 31 procurement officer determines in writing that a situation exists that makes 01 competitive sealed bidding or competitive sealed proposals impractical or contrary to 02 the public interest, except that the attorney general, the public defender, or the director 03 of the office of public advocacy as provided in AS 36.30.015(k) may make the 04 determination for services of legal counsel, and the commissioner of transportation 05 and public facilities may make the determination for construction contracts under 06 $100,000, leases of real property, or procurements for the state equipment fleet. 07 Procurements under this section shall be made with competition that is practicable 08 under the circumstance. Except for procurements of supplies, services, professional 09 services, or construction that do not exceed the amount for small procurements under 10 AS 36.30.320(a), as applicable, the authority to make a determination required by this 11 section may not be delegated. 12  * Sec. 25. AS 36.30.308(a) is amended to read: 13 (a) A contract may be awarded for supplies, services, professional services, or 14 construction using an innovative procurement process, with or without competitive 15 sealed bidding or competitive sealed proposals, in accordance with regulations 16 adopted by the commissioner. A contract may be awarded under this section only 17 when the chief procurement officer, or, for construction contracts or procurements of 18 the state equipment fleet or leases of real property, the commissioner of 19 transportation and public facilities, determines in writing that it is advantageous to the 20 state to use an innovative competitive procurement process in the procurement of new 21 or unique requirements of the state, new technologies, or to achieve best value. 22  * Sec. 26. AS 36.30.310 is amended to read: 23 Sec. 36.30.310. Emergency procurements. Procurements may be made under 24 emergency conditions as defined in regulations adopted by the commissioner when 25 there exists a threat to public health, welfare, or safety, when a situation exists that 26 makes a procurement through competitive sealed bidding or competitive sealed 27 proposals impracticable or contrary to the public interest, or to protect public or 28 private property. An emergency procurement need not be made through competitive 29 sealed bidding or competitive sealed proposals but shall be made with competition that 30 is practicable under the circumstances. A written determination by the chief 31 procurement officer, or, for construction contracts, leases of real property, or  01 procurements for the state equipment fleet, the commissioner of transportation  02 and public facilities, of the basis for the emergency and for the selection of the 03 particular contractor shall be included in the contract file. The written determination 04 must include findings of fact that support the determination. Except when there is 05 insufficient time for the chief procurement officer or the commissioner of  06 transportation and public facilities, as appropriate, to make the written 07 determination required by this section, the chief procurement officer or the  08 commissioner of transportation and public facilities, as appropriate, may not 09 delegate the authority to make the determination. 10  * Sec. 27. AS 36.30.580(b) is amended to read: 11 (b) The time for a decision may be extended up to 30 days for good cause by 12 the commissioner of administration, or, for protests involving construction, leases of  13 real property, or procurements for the state equipment fleet, the commissioner of 14 transportation and public facilities. If an extension is granted, the procurement officer 15 shall notify the protester in writing of the date that the decision is due. 16  * Sec. 28. AS 36.30.590(a) is amended to read: 17 (a) An appeal from a decision of a procurement officer on a protest may be 18 filed by the protester with the commissioner of administration, or for protests 19 involving construction, leases of real property, or procurements for the state 20 equipment fleet, the commissioner of transportation and public facilities. An appeal 21 shall be filed within 10 days after the decision is received by the protester. The 22 protester shall file a copy of the appeal with the procurement officer. 23  * Sec. 29. AS 36.30.620(c) is amended to read: 24 (c) Upon the written request of the procurement officer, the time for issuing a 25 decision under (b) of this section may be extended for up to 60 additional days by the 26 commissioner if the claim concerns an amount in excess of $50,000. Upon the written 27 request of the procurement officer showing that good cause exists for a second 28 extension, the commissioner may extend the time for issuing a decision under (b) of 29 this section up to 90 additional days after the first extension. The contractor shall be 30 provided with an opportunity to oppose or otherwise respond to the request for a 31 second extension. If a second extension is granted, the commissioner shall notify the 01 contractor and the procurement officer in writing that the time for the issuance of a 02 decision has been extended and of the date by which a decision shall be issued. In this 03 subsection, "commissioner" means the commissioner of administration or, for a claim 04 involving a construction contract, lease of real property, or procurement for the state 05 equipment fleet, the commissioner of transportation and public facilities. 06  * Sec. 30. AS 36.30.625(a) is amended to read: 07 (a) An appeal from a decision of the procurement officer on a contract claim 08 may be filed by the contractor with the commissioner of administration or, for a claim 09 involving a construction contract, lease of real property, or procurement for the state 10 equipment fleet, the commissioner of transportation and public facilities. The appeal 11 shall be filed within 14 days after the decision is received by the contractor. An appeal 12 by a contractor of the Department of Transportation and Public Facilities may not raise 13 any new factual issues or theories of recovery that were not presented to and decided 14 by the procurement officer in the decision under AS 36.30.620(b), except that a 15 contractor may increase the contractor's calculation of damages if the increase arises 16 out of the same operative facts on which the original claim was based. The contractor 17 shall file a copy of the appeal with the procurement officer. 18  * Sec. 31. AS 36.30.870(b) is amended to read: 19 (b) Regulations under this chapter applicable to procurements of construction,  20 procurements of leases of real property, or procurements for or disposal of property 21 of the state equipment fleet shall be adopted by the commissioner of administration 22 only after consultation with the commissioner of transportation and public facilities. 23  * Sec. 32. AS 37.05.570(a) is amended to read: 24 (a) There is created as a special account in the general fund the Alaska public 25 building fund into which shall be deposited 26 (1) payments made to the Department of Transportation and Public  27 Facilities [ADMINISTRATION] by a public or private occupant of a covered 28 building under an agreement with the Department of Transportation and Public  29 Facilities [ADMINISTRATION] for costs of the occupant's use and occupancy of 30 building space; and 31 (2) appropriations to the Alaska public building fund. 01  * Sec. 33. AS 37.05.570(b) is amended to read: 02 (b) On [BEGINNING WITH THE APPROPRIATIONS FOR THE FISCAL 03 YEAR BEGINNING JULY 1, 2000, ON] an annual basis and under AS 37.07 04 (Executive Budget Act), the legislature may appropriate amounts from the Alaska 05 public building fund to the Department of Transportation and Public Facilities 06 [ADMINISTRATION] to pay use, management, operation, maintenance, and 07 depreciation costs related to space of covered buildings managed under an agreement 08 with the Department of Transportation and Public Facilities 09 [ADMINISTRATION]. 10  * Sec. 34. AS 37.05.570(f) is amended to read: 11 (f) In this section, "covered building" means any building owned by the state 12 for which the responsibility for operation, maintenance, and management has been 13 assigned to the Department of Transportation and Public Facilities 14 [ADMINISTRATION]. 15  * Sec. 35. AS 44.42.020 is amended to read: 16 Sec. 44.42.020. Powers and duties. (a) The department shall 17 (1) plan, design, construct, and maintain all state modes of 18 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 19 and similar facilities; 20 (2) study existing transportation modes and facilities in the state to 21 determine how they might be improved or whether they should continue to be 22 maintained; 23 (3) study alternative means of improving transportation in the state 24 with regard to the economic costs of each alternative and its environmental and social 25 effects; 26 (4) develop a comprehensive, long-range, intermodal transportation 27 plan for the state; 28 (5) study alternatives to existing modes of transportation in urban areas 29 and develop plans to improve urban transportation; 30 (6) cooperate and coordinate with and enter into agreements with 31 federal, state, and local government agencies and private organizations and persons in 01 exercising its powers and duties; 02 (7) manage, operate, and maintain state transportation facilities and all 03 docks, floats, breakwaters, and buildings, including all state highways, vessels, 04 railroads, pipelines, airports, and aviation facilities; 05 (8) study alternative means of transportation in the state, considering 06 the economic, social, and environmental effects of each alternative; 07 (9) coordinate and develop state and regional transportation systems, 08 considering deletions, additions, and the absence of alterations; 09 (10) develop facility program plans for transportation and state 10 buildings, docks, and breakwaters required to implement the duties set out in this 11 section, including but not limited to functional performance criteria and schedules for 12 completion; 13 (11) supervise and maintain all state automotive and mechanical 14 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 15 Fish and Game or the Department of Public Safety; for state vehicles maintained by 16 the department, the department shall, every five years, evaluate the cost, efficiency, 17 and commercial availability of alternative fuels for automotive purposes, and the 18 purpose for which the vehicles are intended to be used, and convert vehicles to use 19 alternative fuels or purchase energy efficient vehicles whenever practicable; the 20 department may participate in joint ventures with public or private partners that will 21 foster the availability of alternative fuels for all automotive fuel consumers; 22 (12) supervise aeronautics inside the state, under AS 02.10; 23 (13) implement the safety and financial responsibility requirements for 24 air carriers under AS 02.40; 25 (14) inspect weights and measures; 26 (15) at least every four years, study alternatives available to finance 27 transportation systems in order to provide an adequate level of funding to sustain and 28 improve the state's transportation system; 29 (16) manage space in state buildings and allot space in state  30 buildings to the various departments according to need and available space. 31 (b) The department may 01 (1) engage in experimental projects relating to available or future 02 modes of transportation and any means of improving existing transportation facilities 03 and service; 04 (2) acquire and dispose of leases of real property under AS 36.30  05 and exercise the power of eminent domain, including the declaration of taking as 06 provided in AS 09.55; 07 (3) publish plans, schedules, directories, guides, and manuals for 08 distribution, with or without charge, to private or public entities or persons; 09 (4) operate state housing in support of the department's statutory 10 responsibilities and charge rent that is consistent with applicable collective bargaining 11 agreements, or, if no collective bargaining agreement is applicable, competitive with 12 market conditions; 13 (5) charge reasonable fees to cover the costs of issuing easements, 14 licenses, and permits and to cover the costs of reproduction, printing, mailing, and 15 distribution of contract and bid documents and design and construction standards 16 manuals; 17 (6) charge and collect fees for training services and technical 18 assistance provided by department personnel; 19 (7) delegate to another agency the authority to maintain a building  20 or other similar facility used by an agency of the executive branch. 21  * Sec. 36. AS 44.21.020(5) is repealed. 22  * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY: CURRENT PROCUREMENTS. (a) This Act does not apply to 25 the procurement of a lease under AS 36.30 if the invitation to bid, request for proposals, or 26 other form of solicitation used for the procurement is issued before the effective date of this 27 Act. 28 (b) Notwithstanding (a) of this section, this Act applies to the procurement of a lease 29 under AS 36.30 if all parties to the procurement agree in writing that the applicable provisions 30 of this Act apply to the procurement. 31 (c) In this section, "procurement" has the meaning given in AS 36.30.990. 01  * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: TRANSFER OF LEASES. (a) Except as provided in (b) of this 04 section, on or before July 1, 2023, the Department of Administration shall transfer to the 05 Department of Transportation and Public Facilities all of the interest that the Department of 06 Administration has in each lease of real property that the Department of Administration is a 07 party to on the effective date of this Act. 08 (b) The Department of Administration may not transfer a lease under this section 09 unless all parties to the lease consent to the transfer. 10  * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: TRANSFER OF ASSETS. On or before July 1, 2023, the Department 13 of Administration shall transfer to the Department of Transportation and Public Facilities the 14 records, equipment, and other property related to the management of space in the buildings or 15 other facilities occupied by an agency of the state. In this section, "agency" has the meaning 16 given in AS 36.30.990. 17  * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 SAVING CLAUSE. Litigation, hearings, investigations, and other proceedings 20 pending under a law amended or repealed by this Act, or in connection with functions 21 transferred from the Department of Administration to the Department of Transportation and 22 Public Facilities by this Act, continue in effect and may be continued and completed 23 notwithstanding a transfer, amendment, or repeal provided for in this Act. Certificates, orders, 24 and regulations issued or adopted under authority of a law amended or repealed by this Act 25 remain in effect for the term issued or until revoked, vacated, or otherwise modified under the 26 provisions of this Act. Except as provided for leases under sec. 38 of this Act, contracts, 27 rights, liabilities, and obligations created by or under a law amended or repealed by this Act, 28 and in effect on the effective date of this Act, remain in effect notwithstanding this Act's 29 taking effect. 30  * Sec. 41. This Act takes effect immediately under AS 01.10.070(c).