CSSB 218(TRA) am: "An Act relating to international airports revenue bonds and requiring that the spending plan for the International Airports Construction Fund include information about the amounts spent during the previous fiscal year for cost overruns on certain projects and the identification of time delays on certain projects; relating to customer facility charges to fund facilities in airports to be constructed without using international airport revenue bonds; and providing for an effective date."
00 CS FOR SENATE BILL NO. 218(TRA) am 01 "An Act relating to international airports revenue bonds and requiring that the 02 spending plan for the International Airports Construction Fund include information 03 about the amounts spent during the previous fiscal year for cost overruns on certain 04 projects and the identification of time delays on certain projects; relating to customer 05 facility charges to fund facilities in airports to be constructed without using 06 international airport revenue bonds; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 02.15.090(a) is amended to read: 09 (a) In operating an airport or air navigation facility owned or controlled by the 10 state, the department may enter into contracts, leases, and other arrangements covering 11 periods not exceeding 55 years with a person, municipality, or the United States, 12 granting the privilege of using or improving an airport or air navigation facility or a 13 portion of it or space in it for commercial, governmental, or other public purposes,
01 including private plane tie down, or conferring the privilege of supplying goods, 02 commodities, services, or facilities at an airport or air navigation facility. The 03 department may establish the terms and conditions and fix the charges, rentals, and 04 fees for the privileges or services that are reasonable and uniform for the same class of 05 privilege or service. Charges, rentals, or fees authorized by this subsection may be 06 fixed for the international airports by order of the commissioner or by negotiated or 07 competitively offered contract. However, for the privilege of occupying or using a 08 state-owned facility on an airport, which facility is or will be acquired, 09 constructed, equipped, installed or improved with the proceeds of indebtedness, 10 the payment of which is secured solely by revenues from customer facility 11 charges, the department shall require occupants or users of all or a portion of the 12 facility to pay to the department, or shall require persons under contract to 13 occupy or use all or a portion of the existing or proposed facility to charge their 14 customers, a uniform customer facility charge stipulated by the department in an 15 amount sufficient to pay the principal of, interest on, and any other cost of debt 16 service on the indebtedness. Notwithstanding AS 37.10.050(a), the fixing of 17 charges, rentals, or fees as permitted under this subsection is not subject to the 18 adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The 19 terms, conditions, charges, rentals, and fees shall be established with due regard to the 20 property and improvements used and the expense of operation to the state. However, 21 use of state land and buildings by the Alaska Wing, Civil Air Patrol and its squadrons 22 shall be permitted without rental charges. If the department permits space in state- 23 owned or state-controlled airports to be used as lounges for members of the United 24 States armed forces, the Alaska National Guard, the Alaska Naval Militia, or the 25 Alaska State Defense Force, and if the lounges are operated by persons exempt from 26 taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code), rent may not be charged 27 for the use of the space. The department shall provide for public notice and an 28 opportunity to comment before a charge, rental, or fee is fixed by order of the 29 commissioner as permitted under this subsection. The public may not be deprived of 30 its rightful, equal, and uniform use of the airport, air navigation facility, or a portion of 31 them.
01 * Sec. 2. AS 37.15.410 is amended to read: 02 Sec. 37.15.410. Bond authorization. For the purpose of providing part or all 03 of the money to be used, with or without any grants or other money that may become 04 available, the issuance and sale of revenue bonds of the state in a total principal sum 05 not to exceed $447,900,000 [$305,000,000] is authorized to acquire, equip, construct, 06 and install the additions, improvements, extensions, and facilities authorized in 07 AS 37.15.510. The principal of and interest on these bonds shall be paid out of and 08 secured by the gross revenue derived by the state from the ownership, lease, use, and 09 operation of the airports, and of all the facilities of them, and out of any other money 10 that may be appropriated for the purpose, excepting only proceeds of any customer 11 facility charge set by the commissioner of transportation and public facilities 12 under AS 02.15.090. 13 * Sec. 3. AS 37.15.420(c) is amended to read: 14 (c) By January 1 of each year, the commissioner of transportation and public 15 facilities shall submit to the legislature an annual spending plan that contains 16 information regarding the planned expenditure of money from the construction fund 17 during the next fiscal year and information on certain expenditures made during 18 the previous fiscal year. The spending plan must include 19 (1) the total amount of money to be spent from the construction fund; 20 (2) a description of the work to be performed on airport facilities that 21 will be financed with money from the construction fund; 22 (3) the amount from the construction fund that will be spent under 23 contracts with the private sector and a description of the goods or services to be 24 provided to the state under each of the contracts; 25 (4) the amounts that the state will spend from the construction fund for 26 purposes other than contract payments and a description of each of those purposes, 27 including financing costs, administrative and other overhead costs, and contingencies; 28 (5) the amounts spent during the previous fiscal year for cost 29 overruns on projects financed in whole or part with money from the construction 30 fund and the sources of money used for those cost overruns; 31 (6) identification of time delays that occurred during the previous
01 fiscal year on projects financed in whole or part with money from the 02 construction fund and amounts spent as a result of the delays. 03 * Sec. 4. AS 37.15.430(a) is amended to read: 04 (a) There is established an enterprise fund known as the "International 05 Airports Revenue Fund," into which shall be paid all revenue, fees, charges, and 06 rentals derived by the state from the ownership, lease, use, and operation of the 07 airports and all of the facilities and improvements of them and facilities and 08 improvements used in connection with them, excepting only proceeds of any 09 customer facility charge set by the commissioner of transportation and public 10 facilities under AS 02.15.090. The revenue, charges, fees, and rentals may not 11 include the proceeds of any state tax or license. The money in the revenue fund may 12 only be used for the purpose of 13 (1) paying or securing the payment of the principal of and interest on 14 the bonds and of and on any other revenue bonds issued by authorization of the 15 legislature to provide money to acquire, equip, construct, and install additions and 16 improvements to, and extensions of and facilities for, the airports, and to be payable 17 out of the revenue fund; 18 (2) paying the normal and necessary costs of maintaining and 19 operating the airports and all of the improvements and facilities of them; 20 (3) paying the costs of renewals, replacements, and extraordinary 21 repairs to the airports and all of the improvements and facilities of them; 22 (4) redeeming before their fixed maturities any and all revenue bonds 23 issued for the purposes of the airports; 24 (5) providing money to acquire, construct and install necessary 25 additions and improvements to and extensions of and facilities for the airports and all 26 of their facilities; and 27 (6) providing money to pay any and all other costs relating to the 28 ownership, use, and operation of the airports. 29 * Sec. 5. AS 37.15.430 is amended by adding a new subsection to read: 30 (c) For proceeds of a customer facility charge set by the commissioner of 31 transportation and public facilities under AS 02.15.090 but required to be charged to
01 customers by occupants or users of a facility acquired, constructed, equipped, 02 installed, or improved with the proceeds of indebtedness incurred by a person other 03 than the state to acquire, construct, equip, install, or improve the facility for state 04 ownership, 05 (1) the Department of Transportation and Public Facilities shall by 06 regulation or contract require that the proceeds of the customer facility charge be 07 remitted directly to a bond trustee designated to receive such proceeds and to pay the 08 principal of interest on, and any other cost of debt services on the indebtedness; and 09 (2) such proceeds shall not be considered a revenue of the state. 10 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).