CSSB 395(FIN): "An Act relating to application of municipal ordinances providing for planning, platting, and land use regulation to interests in land owned by the Alaska Railroad Corporation; authorizing the Alaska Railroad Corporation to extend its rail line to Fort Greely, Alaska; authorizing the Alaska Railroad Corporation to issue bonds to finance the cost of the extension and necessary facilities and equipment; and providing for an effective date."
00 CS FOR SENATE BILL NO. 395(FIN) 01 "An Act relating to application of municipal ordinances providing for planning, 02 platting, and land use regulation to interests in land owned by the Alaska Railroad 03 Corporation; authorizing the Alaska Railroad Corporation to extend its rail line to Fort 04 Greely, Alaska; authorizing the Alaska Railroad Corporation to issue bonds to finance 05 the cost of the extension and necessary facilities and equipment; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 42.40.390 is amended by adding new subsections to read: 09 (b) Notwithstanding (a) of the section, municipal ordinances providing for 10 planning, platting, and land use regulation adopted under AS 29.35.180 or other law 11 apply to the land of the corporation to the extent permitted under federal law. Under 12 49 U.S.C. 10501(b), municipal ordinances providing for planning, platting, and land 13 use regulation adopted under AS 29.35.180 or other law do not apply to the practices,
01 routes, services, and rail facilities of the corporation and the construction, acquisition, 02 operation, abandonment, or discontinuance of spur, industrial, team, switching, or side 03 tracks or other rail facilities on land of the corporation unless the land is leased to 04 another person by the corporation and the corporation has not retained a right to use 05 the land during the term of the lease. For the purposes of this subsection, "rail 06 facilities" includes tracks, rail yards, repair shops, and maintenance buildings, freight 07 and passenger terminals, rail car loading and unloading structures, operation centers, 08 supply warehouses, communication structures, and other facilities directly related to 09 railroad operations, but does not include rock quarries or gravel pits. 10 (c) By January 10 of each year, the corporation shall provide notice to 11 municipalities of any new land use proposed for that year by the corporation within 12 municipal boundaries. The corporation shall provide amended notice if a proposed 13 land use is changed or an additional land use is proposed during the course of the year. 14 Except in the event of an emergency, an affected municipality shall have at least 30 15 days after its receipt of the notice to provide advisory comments to the corporation. In 16 the event of an emergency, the corporation shall provide notice to an affected 17 municipality promptly after the event. 18 * Sec. 2. AS 42.40 is amended by adding a new section to read: 19 Article 6A. Specific Projects. 20 Sec. 42.40.550. Extension of railroad to Fort Greely. The corporation may 21 acquire a transportation corridor between the existing railroad corridor and Fort 22 Greely, Alaska, and construct a rail line within the corridor to provide rail service to 23 the Fort Greely area and points between. The transportation corridor may be 24 designated for a use identified under AS 42.40.350(b) and other transportation and 25 utility uses. The corporation may also acquire land along the corridor for use as rail 26 land that can be developed for terminal, station, and maintenance facilities, switching 27 yards, and any other purposes associated with the railroad utility corridor. The 28 corporation may provide financing for the acquisition, construction, improvement, 29 maintenance, equipping, and operation of the rail line and related facilities between 30 the existing railroad corridor and Fort Greely, Alaska. 31 * Sec. 3. AS 42.40.695 is amended to read:
01 Sec. 42.40.695. Public purpose of bonds. Bonds of the corporation issued to 02 finance facilities described in AS 42.40.250(31) and bonds of the corporation issued 03 to finance facilities described in AS 42.40.550 are issued by a public corporation and 04 an instrumentality of the state for an essential public and governmental purpose. 05 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 LEGISLATIVE AUTHORIZATION AND APPROVAL. (a) The Alaska Railroad 08 Corporation is authorized to issue bonds under the power granted to it in AS 42.40.550, added 09 by sec. 2 of this Act, to finance the acquisition, construction, improvement, maintenance, 10 equipping, and operation of a rail line and related facilities from its existing railroad corridor 11 to Fort Greely, Alaska. The maximum principal amount of bonds that the Alaska Railroad 12 Corporation may issue under this section is $500,000,000. The Alaska Railroad Corporation 13 may issue the bonds in a single issuance or in several issuances, without limitation as to 14 number of issuances or timing, and as the Alaska Railroad Corporation determines best 15 furthers the purpose of financing the rail line extension to Fort Greely and the related 16 facilities. 17 (b) Before issuing bonds to provide the financing described in this section, the Alaska 18 Railroad Corporation shall enter into a binding agreement with the United States government 19 that will provide sufficient revenue to 20 (1) pay the principal of and interest on the bonds as they become due; 21 (2) create and maintain the reserves for the bond payments that the 22 corporation considers necessary or desirable; and 23 (3) pay all costs necessary to service or additionally secure the bonds, 24 including trustee's fees and bond insurance premiums, unless those costs are to be paid by a 25 party other than the corporation. 26 (c) This section constitutes the approval required by AS 42.40.285 for the issuance of 27 the bonds and rail line extension described in this section. 28 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 RAILROAD PLANNING, PLATTING, AND LAND USE REGULATION TASK 31 FORCE. (a) There is established in the legislative branch of state government the Railroad
01 Planning, Platting, and Land Use Regulation Task Force. The task force consists of the 02 following members: 03 (1) one senator appointed by the president of the senate; 04 (2) one representative appointed by the speaker of the house of 05 representatives; 06 (3) one person representing the Alaska Railroad Corporation jointly appointed 07 by the president of the senate and the speaker of the house of representatives; 08 (4) one municipal official from each of the following municipalities appointed 09 jointly by the president of the senate and the speaker of the house of representatives: 10 (A) Fairbanks North Star Borough; 11 (B) City of Fairbanks; 12 (C) City of Nenana; 13 (D) City of Houston; 14 (E) City of North Pole; 15 (F) City of Wasilla; 16 (G) City of Palmer; 17 (H) Municipality of Anchorage; 18 (I) Denali Borough; 19 (J) Kenai Peninsula Borough; 20 (K) Matanuska-Susitna Borough; 21 (L) City of Whittier; 22 (M) City of Seward. 23 (b) The members of the task force appointed under (a)(1) and (2) of this section shall 24 serve as co-chairs of the task force. The task force shall meet as frequently as its members 25 determine necessary and may meet during sessions or during the interim. The task force may 26 meet and vote by teleconference. 27 (c) The members of the task force appointed under (a)(3) and (4) of this section are 28 not eligible for compensation or entitled to per diem and travel expenses authorized for boards 29 and commissions under AS 39.20.180. 30 (d) The task force shall consider and make recommendation to the legislature on 31 whether and to what extent municipal planning, platting, and land use regulations should
01 apply to interests in land owed by the Alaska Railroad Corporation. The task force shall 02 submit a written report of its findings and recommendations on or before the first day of the 03 First Regular Session of the Twenty-Fourth Alaska State Legislature. 04 * Sec. 6. Section 5 of this Act is repealed on the second day of the First Regular Session of 05 the Twenty-Fourth Alaska State Legislature. 06 * Sec. 7. AS 42.40.390(b) is repealed on July 1, 2005. 07 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).