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SB 171: "An Act relating to the Alaska Capital Improvement Project Authority; relating to the powers and duties of the Department of Transportation and Public Facilities; and providing for an effective date."

00SENATE BILL NO. 171 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. AS 44.42 is amended by adding new sections to read: 06 Article 2. Alaska Capital Improvement Project Authority. 07 Sec. 44.42.110. Alaska Capital Improvement Project Authority. (a) There 08 is created in the Department of Transportation and Public Facilities the Alaska Capital 09 Improvement Project Authority. 10 (b) The authority consists of seven members. Members of the authority are 11 appointed by the governor and subject to confirmation by a majority of the members 12 of the legislature in joint session. The members serve for staggered five-year terms 13 and until a successor is appointed. A vacancy among the members of the authority 14 occurring other than by expiration of term shall be filled in the same manner as the

01 original appointment but only for the unexpired term and until a successor is 02 appointed. The members of the authority may be removed by the governor only for 03 cause. 04 (c) The governor shall appoint at least one member, but not more than two 05 members, of the authority from among the residents of each of the four judicial 06 districts in the state. Two members of the authority must have experience in the 07 operation, management, or use of modes of surface transportation facilities, including 08 highways, railroads, mass transportation facilities, or recreational transportation 09 facilities. Two members of the authority must have experience in the operation, 10 management, or use of modes of air transportation facilities, including airports, 11 commercial or private aviation facilities, or passenger or freight air services facilities. 12 Two members of the authority must have experience in the operation, management, or 13 use of modes of water-borne transportation facilities, including ports and harbors, 14 passenger or freight service facilities, recreational transportation facilities, or ferries. 15 One member of the authority must have experience in the operation, management, or 16 use of public buildings or public facilities other than transportation facilities. 17 (d) The members of the authority serve without compensation but are entitled 18 to per diem and travel expenses authorized for boards and commissions under 19 AS 39.20.180. The members of the authority shall comply with AS 39.50 (conflict of 20 interest). 21 (e) The members of the authority shall select a chair from among its members. 22 Four members of the authority constitute a quorum. The authority may take action 23 upon the affirmative vote of four of its members. 24 Sec. 44.42.120. Powers and duties of the authority. (a) The authority shall 25 review, revise as appropriate, and approve the following plans and programs prepared 26 by the department for capital improvement projects for the construction and 27 maintenance of transportation and public facilities constructed, operated, or maintained 28 by the department: 29 (1) construction and maintenance program for state-owned airports and 30 air navigation facilities under AS 02.15.065; 31 (2) construction and maintenance program for highways under

01 AS 19.10.140 and 19.10.150; 02 (3) five-year plan for local service roads and trails under AS 19.30.141; 03 (4) comprehensive plan for the Alaska marine highway system under 04 AS 19.65.011; 05 (5) construction and maintenance program for state-owned marine 06 facilities under AS 35.10.085; 07 (6) state transportation plan under AS 44.42.050; 08 (7) state public facilities plan under AS 44.42.055. 09 (b) Plans and programs approved by the authority shall be submitted to the 10 governor and legislature. 11 (c) The authority shall review, revise as appropriate, and approve the capital 12 improvement projects budget for transportation and public facilities prepared and 13 proposed by the department to implement the plans and programs approved by the 14 authority under (a) of this section. The department shall include in the proposed 15 budget submitted to the authority the projects to be undertaken during the following 16 two fiscal years and a ranking of priorities for the projects. The capital improvement 17 project budget approved by the authority shall be submitted to the governor for 18 inclusion in the state capital projects budget and to the legislature. 19 (d) The authority may submit proposals for capital improvement projects for 20 construction and maintenance of transportation and public facilities to the governor for 21 inclusion in supplemental or special appropriation bills. 22 (e) The authority may hire the minimum of staff, including a director, 23 necessary to efficiently perform the functions of the authority. 24 (f) The authority has independent fiscal, budgeting, and administrative powers 25 necessary to independently perform the functions of the authority. The authority is a 26 state agency for purposes of AS 37.07. 27 (g) The annual operating budget of the department is not subject to review or 28 approval under this section. 29 Sec. 44.42.130. Fees; regulations. (a) The authority shall set fees, charges, 30 tolls, and rentals for the use of toll facilities under AS 37.15.740 by regulations 31 adopted under AS 44.62 (Administrative Procedure Act).

01 (b) The authority shall establish standards for marking and posting highways, 02 for traffic control signals, and for determination of speed limits and speed zones by 03 regulations adopted under AS 44.62 (Administrative Procedure Act). 04 * Sec. 2. AS 02.15 is amended by adding a new section to read: 05 Sec. 02.15.065. Construction and maintenance program for airports and 06 air navigation facilities. (a) The department shall establish a continuing, long-range 07 planning procedure for construction and maintenance of state-owned airports and air 08 navigation facilities. 09 (b) The department shall prepare annually a capital improvement project 10 construction and maintenance program for state-owned airports and air navigation 11 facilities that, subject to appropriation by the legislature, must include the projects to 12 be undertaken by the department during the following construction season, must 13 establish project priorities, and must describe proposed capital improvement projects 14 for construction and maintenance of state-owned airports and air navigation facilities 15 for at least the next succeeding two fiscal years. The department may propose 16 increases, decreases, amendments, or revisions to the construction and maintenance 17 program from time to time as circumstances warrant. The capital improvement project 18 construction and maintenance program and changes to the program, as proposed by the 19 department, are subject to review, revision, and approval of the Alaska Capital 20 Improvement Project Authority. 21 (c) Before February 2 of each year, the department shall prepare a list of 22 capital improvement projects for construction and maintenance of airports and air 23 navigation facilities that have been either proposed by the department, approved by the 24 Alaska Capital Improvement Project Authority, or funded by an appropriation by the 25 legislature. The statement must set out a general itemization of the estimated cost for 26 each project and the total estimates of all projects. 27 (d) This section does not apply to the state-owned international airports at 28 Anchorage and Fairbanks. 29 * Sec. 3. AS 19.05.040 is amended to read: 30 Sec. 19.05.040. Powers of department. The department may 31 (1) acquire property;

01 (2) exercise the power of eminent domain; 02 (3) take immediate possession of real property, or any interest in it 03 under a declaration of taking or by other lawful means; 04 (4) acquire rights-of-way for present or future use; 05 (5) control access to highways; 06 (6) regulate roadside development; 07 (7) preserve and maintain the scenic beauty along state highways; 08 (8) dispose of property acquired for highway purposes; 09 (9) accept and dispose of federal funds or property available for 10 highway construction, maintenance, or equipment; 11 (10) enter into contracts or agreements relating to highways with the 12 federal government, municipalities, a political subdivision, or with a foreign 13 government, if the contract is approved by the federal government; 14 (11) [ESTABLISH, LEVY, AND] collect tolls, fees, charges, and 15 rentals for the use of state roads, highways, bridges, tunnels, crossings, and causeways; 16 and 17 (12) exercise any other power necessary to carry out the purpose of 18 AS 19.05 - AS 19.25. 19 * Sec. 4. AS 19.10.040 is amended to read: 20 Sec. 19.10.040. Uniform system of marking and posting. The department 21 shall classify, designate, and mark highways under its jurisdiction under standards 22 adopted by the Alaska Capital Improvement Project Authority. The Alaska 23 Capital Improvement Project Authority shall adopt regulations establishing 24 standards for [AND SHALL PROVIDE] a uniform system of marking and posting 25 these highways. The system of marking and posting must correlate with and, as far 26 as possible, conform to the recommendations of the Manual on Traffic Control Devices 27 as adopted by the American Association of State Highway Officials. 28 * Sec. 5. AS 19.10.050 is amended to read: 29 Sec. 19.10.050. Traffic control signals. The Alaska Capital Improvement 30 Project Authority [DEPARTMENT] shall prescribe types of traffic control signals to 31 regulate traffic on highways. These signals must correlate with and, as far as possible,

01 conform to the recommendations of the Manual on Uniform Traffic Control Devices 02 as adopted by the American Association of State Highway Officials. The Alaska 03 Capital Improvement Project Authority [DEPARTMENT] shall adopt uniform 04 regulations for the placing and installation of traffic control signals. 05 * Sec. 6. AS 19.10.070 is amended to read: 06 Sec. 19.10.070. Speed limits and zones. The department may conduct 07 investigations with the assistance of the Department of Public Safety and shall 08 determine safe speed limits and safe speed zones on highways and other roadways 09 under its jurisdiction in accordance with standards adopted by the Alaska Capital 10 Improvement Project Authority. 11 * Sec. 7. AS 19.10.072(a) is amended to read: 12 (a) In determining safe speed limits and safe speed zones, the department shall 13 comply with [CONSIDER] the standards adopted by the Alaska Capital 14 Improvement Project Authority under this section. The Alaska Capital 15 Improvement Project Authority shall adopt standards for determining safe speed 16 limits and safe speed zones. In adopting the standards, the Alaska Capital 17 Improvement Project Authority shall consider the following factors in the order of 18 priority listed: 19 (1) neighborhood safety, including the presence of children and 20 pedestrian traffic; 21 (2) the presence of schools, houses, parks, and crosswalks; 22 (3) the presence of driveways, parked vehicles, and multiple turn 23 locations; 24 (4) that speed at which safe and prudent drivers could pass through the 25 speed zone; [AND] 26 (5) the effectiveness of local enforcement of the speed zone; and 27 (6) other factors the Alaska Capital Improvement Project Authority 28 considers appropriate. 29 * Sec. 8. AS 19.10.140 is amended to read: 30 Sec. 19.10.140. Long-range program for highway construction and 31 maintenance. The [GOVERNOR SHALL REQUIRE THE] department shall [TO]

01 establish a continuing, long-range program for highway construction and maintenance. 02 Subject to review, revision, and approval by the Alaska Capital Improvement 03 Project Authority, the [THE] program must annually project proposed capital 04 improvement projects for construction and maintenance of highways for not less than 05 the next succeeding two [FIVE] years. A statement of the approved program shall 06 be submitted by the governor to the legislature annually, and the approved long-range 07 program shall include in detail the construction program proposed [PREPARED] 08 under AS 19.10.150. 09 * Sec. 9. AS 19.10.150 is amended to read: 10 Sec. 19.10.150. Construction program. (a) Before February 2 of each year, 11 the department shall prepare a statement showing what capital improvement projects 12 for construction of highways have been either proposed [WORK HAS BEEN 13 REQUESTED AND PROPOSED AND MAY BE UNDERTAKEN] by the department, 14 approved by the Alaska Capital Improvement Project Authority, or funded by an 15 appropriation by the legislature. The statement must set out [FORTH] a general 16 itemization of the estimated cost for each project and the total estimates of all projects. 17 (b) The department shall prepare [ADOPT] a construction program which 18 must include the projects to be undertaken by the department [IT] during the 19 following construction season and must establish project priorities. The department 20 may propose increases, decreases, amendments, or revisions of [INCREASE, 21 DECREASE, AMEND, OR REVISE] the construction program from time to time as 22 circumstances warrant. The construction program and changes to the program are 23 subject to review, revision, and approval by the Alaska Capital Improvement 24 Project Authority. 25 * Sec. 10. AS 19.10.180 is amended to read: 26 Sec. 19.10.180. Request for public bids. Requests for public bids are 27 governed by AS 36.30 (State Procurement Code). The request for public bids may 28 require the contractor to furnish equipment, labor, materials, and supplies for the 29 project, or the request for bids [IT] may state that the department will furnish the 30 materials and supplies. If the department elects to provide materials and supplies for 31 a project, the department [IT] shall make the election before the department

01 releases the request for bids [DO SO AT THE TIME IT ADOPTS THE 02 CONSTRUCTION PROGRAM]. The department shall acquire these materials and 03 supplies under AS 36.30 by requesting bids for them according to the class, type, and 04 nature of the materials and supplies. The contract for materials and supplies may be 05 awarded either upon the basis of delivery to the construction project directly or to a 06 central storehouse or storehouses maintained by the department. Those materials and 07 supplies so purchased by the department may be delivered to the project site without 08 expense to the contractor, or the department [IT] may sell the materials and 09 supplies [THEM] to the contractor at cost and make the materials and supplies a part 10 of the construction cost. 11 * Sec. 11. AS 19.30.141 is amended to read: 12 Sec. 19.30.141. Acquisition and construction programs. Before October 1 13 of each fiscal year, each local government eligible for allocation of funds under 14 AS 19.30.131 shall submit to the commissioner [FOR APPROVAL] a five-year plan 15 for the acquisition and construction of local service roads and trails. Before 16 December 1 of each fiscal year, the commissioner shall submit to the Alaska Capital 17 Improvement Project Authority for review, revision, and approval [GOVERNOR] 18 a five-year plan for the acquisition and construction of local service roads and trails, 19 including the approved local government programs. An organized borough shall 20 include in its five-year plan local service road acquisition and construction programs 21 for all cities other than home rule cities within the boundaries of the borough. The 22 commissioner shall include in the five-year plan local service road and trail acquisition 23 and construction within the unorganized borough. The five-year plan approved by 24 the Alaska Capital Improvement Project Authority shall be submitted to the 25 governor and the legislature. 26 * Sec. 12. AS 19.65.011 is amended to read: 27 Sec. 19.65.011. Comprehensive long-range plan. The Department of 28 Transportation and Public Facilities shall prepare a comprehensive long-range plan for 29 the development and improvement of the Alaska marine highway system and shall 30 revise and update the plan at least every five years. The department shall submit the 31 comprehensive long-range plan and revisions and updates of the plan to the Alaska

01 Capital Improvement Project Authority for review, revision, and approval. The 02 department shall submit the approved plan to the legislature. 03 * Sec. 13. AS 30.15.010 is amended to read: 04 Sec. 30.15.010. State grants for port facilities construction. To the extent 05 funds are appropriated by the legislature, or from the proceeds from the sale of bonds, 06 the state may make grants to municipalities to finance a portion of the cost of 07 constructing local, regional, or state port facilities. The state shall participate only in 08 those projects approved by the governor on recommendation of the commissioner and 09 the Alaska Capital Improvement Project Authority. 10 * Sec. 14. AS 35.10 is amended by adding a new section to article 2 to read: 11 Sec. 35.10.085. Construction and maintenance program for marine 12 facilities. (a) The department shall establish a continuing, long-range planning 13 procedure for construction and maintenance of state-owned marine facilities, including 14 harbors, docks, breakwaters, and waterways. 15 (b) The department shall prepare annually a capital improvement project 16 construction and maintenance program for state-owned marine facilities that, subject 17 to appropriation by the legislature, must include the projects to be undertaken by the 18 department during the following construction season, must establish project priorities, 19 and must describe proposed capital improvement projects for construction and 20 maintenance of state-owned marine facilities for at least the next succeeding two fiscal 21 years. The department may propose increases, decreases, amendments, or revisions to 22 the construction and maintenance program from time to time as circumstances warrant. 23 The capital improvement project construction and maintenance program and changes 24 to the program, as proposed by the department, are subject to review, revision, and 25 approval of the Alaska Capital Improvement Project Authority. 26 (c) Before February 2 of each year, the department shall prepare a list of 27 capital improvement projects for construction and maintenance of marine facilities that 28 have been either proposed by the department, approved by the Alaska Capital 29 Improvement Project Authority, or funded by an appropriation by the legislature. The 30 statement must set out a general itemization of the estimated cost for each project and 31 the total estimates of all projects.

01 * Sec. 15. AS 35.10.100 is amended to read: 02 Sec. 35.10.100. Determining need and priority of projects. The department 03 shall prepare the preliminary determination of need for each project of the type 04 described in AS 35.10.090 and its feasibility and appropriateness through 05 representations and data submitted to it by the residents of each community desiring 06 a project, and from other information available to it. The department shall submit the 07 preliminary determination for each project to the Alaska Capital Improvement 08 Project Authority. The Alaska Capital Improvement Project Authority may 09 approve and make the final determination of those projects, and their order or priority 10 for which application is made. 11 * Sec. 16. AS 35.15.020 is amended to read: 12 Sec. 35.15.020. Request for public bids. The solicitation of bids for 13 construction of public works is governed by AS 36.30 (State Procurement Code). The 14 request for bids may require the contractor to furnish equipment, labor, materials, and 15 supplies for the project, or the request for bids [IT] may state that the department will 16 furnish the materials and supplies. If the department elects to provide materials and 17 supplies for a project, the department [IT] shall make the election before the 18 department releases the request for bids [AT THE TIME IT ADOPTS THE 19 CONSTRUCTION PROGRAM]. The department shall acquire these materials and 20 supplies under AS 36.30 by requesting bids for them according to the class, type, and 21 nature of the materials and supplies. The contract may be awarded either upon the 22 basis of delivery to the construction project directly or to a central storehouse or 23 storehouses maintained by the department. Those materials and supplies so purchased 24 by the department may be delivered to the project site without expense to the 25 contractor, or the department [IT] may sell the materials and supplies [THEM] to 26 the contractor at cost and make the materials and supplies a part of the construction 27 cost. 28 * Sec. 17. AS 37.15.730 is amended to read: 29 Sec. 37.15.730. Review of toll facility projects. A toll facility may be 30 financed under AS 37.15.610 - 37.15.760 if the following conditions are met for that 31 toll facility:

01 (1) the department submits to the governor and the legislature a 02 feasibility study reviewed and approved by the Alaska Capital Improvement 03 Project Authority that finds that the toll facility is financially feasible and able to 04 produce revenue adequate to repay the bonds with which it is financed; 05 (2) if financing in addition to revenue bonds is required to finance the 06 toll facility, the department submits to the governor and legislature a finance plan 07 reviewed and approved by the Alaska Capital Improvement Project Authority that 08 includes an estimate of the total cost of the toll facility and a description of the sources 09 of money that will be used to finance the total cost of the toll facility; and 10 (3) the office of management and budget reviews the feasibility study 11 and the finance plan, if required, and reports its findings and recommendations to the 12 governor and legislature not later than 90 days after the study and plan are received 13 by the office. 14 * Sec. 18. AS 37.15.740 is amended to read: 15 Sec. 37.15.740. Toll facility charges. The Alaska Capital Improvement 16 Project Authority [COMMISSIONER OF TRANSPORTATION AND PUBLIC 17 FACILITIES] shall fix [AND COLLECT] the fees, charges, tolls, and rentals for the 18 use of state toll facilities. The Department of Transportation and Public Facilities 19 shall collect the fees, charges, tolls, and rentals owing to [DERIVED BY] the state 20 from the ownership, lease, use, and operation of the facilities authorized by 21 AS 37.15.720 and 37.15.730 and improvements of the facilities. The amount of fees, 22 charges, tolls, and rentals set by the authority shall [AS WILL] provide revenue 23 sufficient to comply with all of the covenants of the bond resolution. 24 * Sec. 19. AS 37.15.760(7) is amended to read: 25 (7) "toll facilities" means highways, roads, bridges, tunnels, crossings, 26 and causeways upon which tolls, charges, rentals, or other user fees are placed by the 27 Alaska Capital Improvement Project Authority [COMMISSIONER OF 28 TRANSPORTATION AND PUBLIC FACILITIES]. 29 * Sec. 20. AS 39.50.200(b) is amended by adding a new paragraph to read: 30 (56) Alaska Capital Improvement Project Authority (AS 44.42.110). 31 * Sec. 21. AS 44.42.020(a) is amended to read:

01 (a) The department shall 02 (1) plan, design, construct, and maintain all state modes of 03 transportation and transportation facilities and all docks, floats, breakwaters, buildings, 04 and similar facilities; 05 (2) study existing transportation modes and facilities in the state to 06 determine how they might be improved or whether they should continue to be 07 maintained; 08 (3) study alternative means of improving transportation in the state with 09 regard to the economic costs of each alternative and its environmental and social 10 effects; 11 (4) develop a comprehensive, long-range intermodal transportation plan 12 for the state; 13 (5) study alternatives to existing modes of transportation in urban areas 14 and develop plans to improve urban transportation; 15 (6) cooperate and coordinate with and enter into agreements with 16 federal, state, and local government agencies and private organizations and persons in 17 exercising its powers and duties; 18 (7) manage, operate, and maintain state transportation facilities and all 19 docks, floats, breakwaters, and buildings, including all state highways, vessels, 20 railroads, pipelines, airports, and aviation facilities; 21 (8) study alternative means of transportation in the state, considering 22 the economic, social, and environmental effects of each alternative; 23 (9) coordinate and develop state and regional transportation systems, 24 considering deletions, additions, and the absence of alterations; 25 (10) develop facility program plans for transportation and state 26 buildings, docks, and breakwaters required to implement the duties set out in this 27 section, including [BUT NOT LIMITED TO] functional performance criteria and 28 schedules for completion; 29 (11) supervise and maintain all state automotive and mechanical 30 equipment, aircraft, and vessels, except vessels and aircraft used by the Department of 31 Fish and Game or the Department of Public Safety; for state vehicles maintained by

01 the department, the department shall annually evaluate the cost, efficiency, and 02 commercial availability of natural gas for automotive purposes, and the purpose for 03 which the vehicles are intended to be used, and convert or purchase vehicles to use 04 [UTILIZE] natural gas whenever practicable; the department may participate in joint 05 ventures with public or private partners that will foster the availability of natural gas 06 for all automotive fuel consumers; 07 (12) supervise aeronautics inside the state, under AS 02.10; 08 (13) complete and maintain a current inventory of public facilities, 09 including a projection of the serviceability of the facilities and projections of 10 replacements and additions to facilities needed to provide the level of services 11 programmed by the various user agencies, for municipalities with populations 12 of less than 12,000 and for unincorporated communities, and perform those 13 duties on a cooperative basis with larger municipalities; 14 (14) adopt energy performance standards for public facilities of the 15 state, the construction of which begins after July 1, 1980; the standards shall be based 16 on thermal and lighting energy standards established by the American Society of 17 Heating, Refrigeration and Air Conditioning Engineers as adapted for application in 18 high latitude, cold climate environs; 19 (15) provide planning assistance, including [BUT NOT LIMITED TO] 20 energy audits and related technical services, to school districts and regional educational 21 attendance areas to develop and implement 22 (A) standards for the design, construction, and operation of rural 23 educational facilities; and 24 (B) energy conservation measures for rural educational facilities 25 (16) implement the safety and financial responsibility requirements for 26 air carriers under AS 02.40.010 - 02.40.990; 27 (17) inspect weights and measures; 28 (18) submit to the Alaska Capital Improvement Project Authority 29 for review, revision, and approval 30 (A) plans and programs prepared by the department that 31 are described under AS 44.42.120;

01 (B) proposed capital improvement project budgets to fund 02 the plans and programs approved by the Alaska Capital Improvement 03 Project Authority; 04 (19) provide assistance, information, staff, and other support 05 requested by the Alaska Capital Improvement Project Authority. 06 * Sec. 22. AS 44.42.050(a) is amended to read: 07 (a) The commissioner shall develop annually a comprehensive, intermodal, 08 long-range transportation plan for the state. In developing and revising the state plan, 09 the commissioner shall consider means and costs of improving existing modes and 10 facilities, state and federal subsidies, and the costs and benefits of new transportation 11 modes and facilities. The commissioner shall also consider the recommendation of the 12 Alaska Transportation Planning Council. The plan shall be submitted to the Alaska 13 Capital Improvement Project Authority [GOVERNOR] for review, revision, and 14 approval. The department shall submit the approved plan to [AND SUBMITTED 15 BY] the governor and to the legislature. 16 * Sec. 23. AS 44.42.050(c) is amended to read: 17 (c) Copies of the plan and revisions of the plan, as approved by the Alaska 18 Capital Improvement Project Authority [REVISED], shall be kept on file as a 19 public document in the office of the commissioner and at each regional office of the 20 department. 21 * Sec. 24. AS 44.42.050(d) is amended to read: 22 (d) The plan must include a description of projects planned for design and 23 construction for the following two fiscal years. The description is in addition to the 24 long-range programs [PLAN] required by (a) of this section and by AS 02.15.065, 25 AS 19.10.140, and AS 35.10.085. The description must include an itemization of the 26 estimated cost for each project and the total cost of all projects. The commissioner 27 shall propose and forward to the Alaska Capital Improvement Project Authority 28 [GOVERNOR] for review, revision, and approval [AND INCLUSION, 29 AS APPROVED, IN THE CAPITAL BUDGET] a construction program that includes 30 the projects to be undertaken during the following two fiscal years, including 31 recommended project priorities. The Alaska Capital Improvement Project

01 Authority shall submit the approved construction program to the governor for 02 inclusion in the capital budget and to the legislature. Funds for transportation 03 construction projects and necessary contingencies shall be itemized as allocations 04 within the bill for the General Appropriations Act. 05 * Sec. 25. AS 44.42.055(b) is amended to read: 06 (b) In developing and biennially revising the facility procurement plan, the 07 commissioner shall 08 (1) request and receive on an annual basis from all state agencies a 09 projection of the anticipated facility needs of the agency for the next annual capital 10 improvement program; 11 (2) consult with officials and representatives of municipalities, the 12 federal government, interested corporations and other organizations concerning public 13 facility needs in the state; 14 (3) develop specific facility procurement plans for projects in each of 15 the following categories: 16 (A) sewage and other wastewater collection, treatment, and 17 disposal facilities; 18 (B) water source, treatment, and distribution facilities; 19 (C) solid waste collection and disposal facilities; 20 (D) hazardous and toxic waste collection and disposal facilities; 21 (E) electrical generation and distribution systems; 22 (F) health care and social services facilities; 23 (G) educational facilities; 24 (H) transportation facilities; 25 (I) public safety and justice facilities; 26 (J) recreational facilities; 27 (K) sanitation facilities; and 28 (L) cultural facilities; 29 (4) prepare recommendations to accommodate the various levels of 30 service identified by state agencies and other parties with respect to the services 31 described in (3) of this subsection, to include

01 (A) current and future facility needs; 02 (B) space standards and design guidelines for the appropriate 03 facility types; 04 (C) maintenance and operations standards for the appropriate 05 facility types; 06 (D) construction techniques and contracting methods; 07 (E) facility project budget requirements; and 08 (F) relative costs of identified alternatives (life cycle cost 09 analysis) including but not limited to the installation and operation of energy 10 systems that are not dependent on oil or gas for water heating, space heating 11 and cooling requirements, and for the generation of electrical or mechanical 12 power; 13 (5) identify common public facility needs among the various user 14 agencies; [AND] 15 (6) submit its findings, plans, and recommendations to the Alaska 16 Capital Improvement Project Authority for review, revision as appropriate, and 17 approval; and 18 (7) submit the approved findings, plans, and recommendations to 19 the governor and to the appropriate state agency to facilitate the development of 20 agency capital improvement budget requests. 21 * Sec. 26. AS 44.42.900 is amended by adding new paragraphs to read: 22 (4) "authority" means the Alaska Capital Improvement Project 23 Authority; 24 (5) "capital improvement project" means a project with a cost 25 exceeding $10,000 to acquire or improve a transportation or public facility with an 26 anticipated life exceeding one year; in this paragraph, "project" includes land 27 acquisition, construction, repair, or structural improvement of a facility, engineering 28 and design for a facility, and acquisition or repair of equipment. 29 * Sec. 27. AS 44.47.092 is amended to read: 30 Sec. 44.47.092. Land use planning and state facility procurement plan. 31 The department shall make recommendations to the Department of Transportation and

01 Public Facilities, to the Alaska Capital Improvement Project Authority, and to 02 appropriate program agencies concerning the effect upon the comprehensive plan or 03 other land use plans or proposals of municipalities and unincorporated communities 04 with respect to the facility procurement plan required to be prepared in accordance 05 with AS 35.10.170 and AS 44.42.055. 06 * Sec. 28. SAVINGS CLAUSE. (a) Litigation, hearings, investigations, and other 07 proceedings pending under a law amended or repealed by this Act, or in connection with 08 functions transferred by this Act, continue in effect and may be continued and completed 09 notwithstanding a transfer or amendment or repeal provided for in this Act. 10 (b) The regulations adopted by the Department of Transportation and Public Facilities 11 that relate to functions transferred by this Act remain in effect and may be implemented and 12 enforced by the department until the Alaska Capital Improvement Project Authority adopts its 13 own regulations under AS 44.42 and those regulations take effect. 14 * Sec. 29. INITIAL APPOINTMENT OF MEMBERS OF THE ALASKA CAPITAL 15 IMPROVEMENT PLANNING AUTHORITY. Notwithstanding AS 44.42.110, added by 16 sec. 1 of this Act, the governor shall designate persons initially appointed to serve as members 17 of the Alaska Capital Improvement Project Authority to terms as follows: one person to a one- 18 year term, one person to a two-year term, two persons to a three-year term, one person to a 19 four-year term, and two persons to a five-year term. 20 * Sec. 30. This Act takes effect July 1, 1997.