txt

SB 147: "An Act relating to local contributions under the village safe water program; and providing for an effective date."

00SENATE 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.