HB 294: "An Act relating to the procurement of construction contracts for village safe water and hygienic sewage disposal facilities and to contributions by the users of the facilities."
00HOUSE BILL NO. 294 01 "An Act relating to the procurement of construction contracts for village safe 02 water and hygienic sewage disposal facilities and to contributions by the users of 03 the facilities." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 37.05 is amended by adding a new section to read: 06 Sec. 37.05.323. COMPETITIVE BIDDING REQUIREMENTS FOR CERTAIN 07 PROJECTS. A recipient of a grant under AS 37.05.316 or 37.05.317 shall comply 08 with the competitive bidding requirements of AS 46.07.100 if the grant is for the 09 construction of a safe water or hygienic sewage disposal facility in a village. 10 * Sec. 2. AS 46.07.040(a) is amended to read: 11 (a) The commissioner shall provide for the construction of facilities under this 12 chapter, and is authorized to provide for the construction by contract or through grants 13 to public agencies or other persons [PRIVATE NONPROFIT ORGANIZATIONS], 14 or otherwise. [A CONTRIBUTION TOWARD THE COST OF THE
01 CONSTRUCTION OF A FACILITY MAY NOT BE REQUIRED FROM ITS 02 USERS.] Construction under this section by contract is governed by AS 46.07.100 03 [AS 36.30 (STATE PROCUREMENT CODE)]. 04 * Sec. 3. AS 46.07 is amended by adding a new section to read: 05 ARTICLE 2. PROCUREMENT OF VILLAGE WATER AND SEWER 06 FACILITY CONSTRUCTION CONTRACTS. 07 Sec. 46.07.100. COMPETITIVE BIDDING REQUIRED. A state agency may 08 not use a procurement method other than competitive sealed bidding under AS 36.30 09 to procure a contract for the construction of safe water or hygienic sewage disposal 10 facilities in villages in the state. If a state agency makes a grant to a person to 11 construct the facility, the grantee may not use a procurement method other than 12 competitive sealed bidding under AS 36.30 to procure a contract for the construction 13 of the facility. In this section, 14 (1) "state agency" means a department, institution, board, commission, 15 division, authority, public corporation, or other administrative unit of the executive 16 branch of state government, including the Alaska Housing Finance Corporation, but 17 not including the University of Alaska, the Alaska Railroad Corporation, or the Alaska 18 Aerospace Development Corporation; 19 (2) "village" means an unincorporated community that has between 25 20 and 600 individuals residing within a two-mile radius, or a second class city.