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2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.155. Division of community property at death.

(a) Upon the death of a spouse, one-half of the aggregate value of the community property owned by the spouses and by any community property trust established by the spouses reflects the share of the surviving spouse and the other one-half reflects the share of the decedent.
(b) Upon the death of a spouse, the deceased spouse's personal representative and the trustee of a community property trust each have the power to distribute community property in divided or undivided interests and to adjust resulting differences in valuation. A distribution of community property in kind may be made on the basis of a non pro rata division of the aggregate value of the community property, on the basis of a pro rata division of each individual item or asset of community property, or by using both methods.
(c) Notwithstanding (a) and (b) of this section, spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a pro rata division of each individual item or asset of community property, or by using both methods.
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.900. Definitions.

In this chapter,
(1) “acquire” in relation to property includes obtaining reductions of indebtedness on encumbered property and obtaining a lien on or a security interest in property;
(2) “appreciation” means a realized or unrealized increase in the value of property;
(3) “community property” means property owned jointly by both spouses under a community property agreement or a community property trust;
(4) “community property agreement” means an agreement that complies with AS 34.77.090;
(5) “community property trust” means an express trust that complies with AS 34.77.100;
(6) “decree” means a judgment or other order of a court;
(7) “determination date” means the later of
(A) marriage;
(B) the effective date of a community property agreement or a community property trust; or
(C) May 23, 1998;
(8) “disposition at death” means the transfer of property by will, intestate succession, nontestamentary transfer, or other means that take effect at the transferor's death;
(9) “dissolution” means
(A) termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or
(B) entry of a decree of legal separation or separate maintenance;
(10) “during marriage” means a period that begins at marriage and ends at divorce, dissolution, or the death of a spouse;
(11) “held” means the registration, recordation, or filing by a person in a public office in the name of the person of a document of title to property, or the issuance in the person's name of a writing that customarily operates as a document of title to the property;
(12) “income” means dividends, interest, and net rents and other net returns attributable to investment, rental, licensing, or other use of property unless attributable to a return of capital or to appreciation;
(13) “management and control” means the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, institute or defend a civil action regarding, or otherwise deal with property as if the property is the property of an unmarried person;
(14) “notice” of a fact means a knowledge of it, receipt of a notification of it, or reason to know that it exists from the facts and circumstances known to the person;
(15) “presume” or a “presumption” means the imposition on the person against whom the presumption or presumed fact is directed of the burden of proving that the nonexistence of the presumed fact is more probable than its existence;
(16) “property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property;
(17) “written waiver” means a document signed by a person against whose interests it is sought to be enforced.
2023 Alaska Statutes › Title 34. Property › Chapter 80. Escrow Transactions for Residential Real Property › Sec. 34.80.010. Characterization of escrow money.

The money that is received by a settlement agent for an escrow transaction is not the property of the settlement agent and is not subject to execution, attachment, or other form of collection for a claim against the settlement agent. Escrow money may not be used for a purpose other than to fulfill the terms of the escrow transaction agreement.
2023 Alaska Statutes › Title 34. Property › Chapter 80. Escrow Transactions for Residential Real Property › Sec. 34.80.020. Segregation and deposit of escrow money.

(a) A settlement agent shall segregate on the records of the settlement agent the escrow money from one escrow transaction from all other money, including the escrow money of other escrow transactions. Escrow money from more than one escrow transaction may be deposited into a single depository escrow account.
(b) A settlement agent shall deposit escrow money in a depository escrow account of a financial institution located in this state.
2023 Alaska Statutes › Title 34. Property › Chapter 80. Escrow Transactions for Residential Real Property › Sec. 34.80.040. Disbursement of escrow money.

(a) A settlement agent may not disburse escrow money unless items that are at least equal in value to the proposed disbursements have been received by the settlement agent for the escrow transaction, have been deposited as required by AS 34.80.020(b), and are available for withdrawal as a matter of right from the depository escrow account.
(b) A settlement agent may not disburse escrow money on the same business day as the items are deposited under AS 34.80.020(b) unless the deposit is made in cash, by interbank electronic transfer, or in a form that permits conversion of the deposit to cash on the same day the deposit is made.
(c) A settlement agent may not disburse escrow money on the business day after the business day on which the items are deposited under (a) of this section unless the deposit is made by
(1) a cashier's check or a certified check and the cashier's check or certified check is payable in the state and drawn on a financial institution located in the state;
(2) a cashier's check, a negotiable order of withdrawal, a money order, or another item and the check, order of withdrawal, money order, or other item has been finally paid before the disbursement; or
(3) a depository check, including a cashier's, certified, or teller's check, that is governed by 12 U.S.C. 4001 - 4010 (Expedited Funds Availability Act).
(d) In (a) of this section, “available for withdrawal as a matter of right” means
(1) when the item has been submitted for collection and payment for the item has been received;
(2) when the financial institution where an item has been deposited considers the money represented by the item available for withdrawal; or
(3) unless written notification has been received from the financial institution where the item was deposited establishing a longer period for an item drawn on an out-of-state financial institution, after a reasonable time has passed for prohibiting customers from drawing on the item.
2023 Alaska Statutes › Title 34. Property › Chapter 80. Escrow Transactions for Residential Real Property › Sec. 34.80.050. Recording, filing, or delivery of escrow transaction documents.

A settlement agent may not record in the office of the recorder in this state or record in an office in another state that is equivalent to the office of the recorder, file under AS 45.29 in this state or file under an equivalent statute in another state, or deliver a conveyance of property, loan documents, documents establishing a security interest in property, or other documents from an escrow transaction until the money required by the escrow transaction agreement to be disbursed at the same time is available for disbursement under AS 34.80.040.
2023 Alaska Statutes › Title 34. Property › Chapter 80. Escrow Transactions for Residential Real Property › Sec. 34.80.090. Definitions.

In this chapter,
(1) “depository escrow account” means an account that holds escrow money pending completion of an escrow transaction and that is in a financial institution;
(2) “escrow money” means the money that is received by a settlement agent for an escrow transaction;
(3) “escrow transaction” means a transaction where, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, leasing, or other disposition of an interest in a single piece of residential real property, persons agree that
(A) money, written documents, evidence of title to real or personal property, or other things of value will be delivered to a person for retention until the happening of a specific event or the performance of a prescribed condition; and
(B) upon the happening of the event or performance of the condition, the person holding the things of value will deliver them to the persons entitled to them under the escrow transaction agreement;
(4) “financial institution” means a financial institution
(A) whose accounts are insured by an agency of the federal government;
(B) that is located in this state and does not meet the requirements of (A) of this paragraph, but is subject to regulation by the Department of Commerce, Community, and Economic Development; or
(C) that is located in another state and does not meet the requirements of (A) of this paragraph, but is subject to regulation in the other state by an agency comparable to the Department of Commerce, Community, and Economic Development;
(5) “item” means cash, a check, a negotiable order of withdrawal, a share draft, a traveler's check, a money order, or an interbank electronic transfer; in this paragraph, “check” includes a cashier's check;
(6) “residential real property” means real property on which there are one to four attached or detached dwelling units, or any number of apartments if the apartments are in a horizontal property regime formed under AS 34.07 or any number of units if the units are in a common interest community created under AS 34.08; “residential real property” includes a manufactured home that has become real property under AS 34.85.010; in this paragraph, “manufactured home” has the meaning given in AS 45.29.102;
(7) “settlement agent” means a person who handles an escrow transaction for compensation, but does not mean a financial institution or other person when the financial institution or other person collects money for the sole purpose of applying the money to the payment of an indebtedness; “settlement agent” includes an employee of a person who handles an escrow transaction for compensation when the employee is carrying out employment duties related to the escrow transaction.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.010. Real property characterization.

A manufactured home becomes real property if
(1) the home is permanently affixed to land under AS 34.85.150;
(2) an affixation affidavit has been recorded under AS 40.17.125;
(3) the ownership interests in the manufactured home and in the real property to which the manufactured home is permanently affixed are identical, except as provided by AS 34.85.040; and
(4) the manufactured home is
(A) covered by a manufacturer's certificate of origin that the owner of the manufactured home is able to produce, and the department has cancelled the manufacturer's certificate of origin under AS 28.10.262;
(B) covered by a certificate of title that the owner of the manufactured home is able to produce, and the department has cancelled the certificate of title under AS 28.10.263; or
(C) not covered by a manufacturer's certificate of origin or a certificate of title, or if the manufactured home is covered by a manufacturer's certificate of origin or a certificate of title but the owner of the manufactured home, after diligent search and inquiry, was unable to produce the manufacturer's certificate of origin or certificate of title, and the department has provided a written confirmation under AS 28.10.264.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.020. Effect of real property characterization.

(a) When a manufactured home becomes real property under AS 34.85.010, a mortgage, deed of trust, lien, or security interest that can attach to land, buildings erected on land, or fixtures affixed to land or buildings attaches to the manufactured home in the same manner as if the manufactured home were built from ordinary building materials on the land where the manufactured home is located.
(b) If the title to a manufactured home is transferred after the manufactured home becomes real property under AS 34.85.010, title to the manufactured home, together with the land to which the converted manufactured home is affixed, shall be transferred by deed or other form of conveyance that is effective to transfer an interest in real property.
(c) When a manufactured home becomes real property under AS 34.85.010, the manufactured home is governed by the laws applicable to real property in effect on the date the manufactured home satisfies AS 34.85.010.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.040. Ownership interest exception.

If the owner of a manufactured home is not the owner of the real property on which the manufactured home is located, the requirement under AS 34.85.010(3) that the ownership interests be identical is satisfied if the owner possesses the real property under
(1) a lease in a recordable form that has a term that continues for at least 20 years after the date of execution of the affixation affidavit; and
(2) the lessor of the real property consents.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.060. Affixation affidavit requirements.

An affixation affidavit must provide
(1) the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home;
(2) whether the manufactured home is new or used;
(3) a statement that the person executing the affidavit is
(A) the owner of the real property described in the affixation affidavit; or
(B) not the owner of the real property described in the affixation affidavit, and the person
(i) is in possession of the real property under a lease in recordable form that has a term that continues for at least 20 years after the date of execution of the affidavit; and
(ii) the lessor of the real property consents;
(4) if (3)(B)(ii) of this section applies, the consent of the lessor of the real property endorsed on or attached to the affidavit and acknowledged or proved in the manner required for the conveyance to be recorded;
(5) the street address and the legal description of the real property to which the manufactured home is or shall be permanently affixed;
(6) if the manufactured home is not covered by a certificate of title, a statement by the owner to that effect;
(7) an owner's statement under AS 34.85.070;
(8) a statement whether or not the manufactured home is subject to a lien or encumbrance;
(9) if the manufactured home is subject to a lien or encumbrance, a statement giving the name and address of each person who holds a lien or encumbrance on the manufactured home, including each holder of a lien or encumbrance shown on a certificate of title issued by the department, the original principal amount secured by each lien and encumbrance, and a statement that
(A) the lien or encumbrance shall be released; or
(B) each lien or encumbrance on the manufactured home has been released and proof of the release;
(10) if the manufactured home is not covered by a manufacturer's certificate of origin or a certificate of title, a statement by the owner of the manufactured home that the manufactured home is not covered by a manufacturer's certificate of origin or a certificate of title and that the owner of the manufactured home will apply to the department under AS 28.10.264;
(11) a statement that the manufactured home is or will be permanently affixed to the real property; and
(12) the name and address of a person designated for filing the certified copy of the affixation affidavit with the department.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.070. Owner's statement for affixation affidavit.

(a) An owner's statement for an affixation affidavit must comply with (b) or (c) of this section.
(b) If a manufactured home is covered by a manufacturer's certificate of origin, the owner of the manufactured home shall
(1) state that the manufactured home is covered by a manufacturer's certificate of origin, provide the date the manufacturer's certificate of origin was issued, provide the manufacturer's serial number, state that the original manufacturer's certificate of origin for the manufactured home is annexed to the affixation affidavit and is endorsed to the owner of the manufactured home, and state that the owner of the manufactured home will surrender the manufacturer's certificate of origin for cancellation under AS 28.10.262; or
(2) state that the owner of the manufactured home, after diligent search and inquiry, has been unable to produce the original manufacturer's certificate of origin for the manufactured home and shall apply to the department under AS 28.10.264.
(c) If a manufactured home is covered by a certificate of title, the owner of the manufactured home shall
(1) state that the manufactured home is covered by a certificate of title, provide the date the title was issued and the title number, and state that the owner shall surrender the title for cancellation under AS 28.10.263; or
(2) state that the owner, after diligent search and inquiry, has been unable to produce the certificate of title to the manufactured home and shall apply to the department under AS 28.10.264.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.080. Effect on liens and encumbrances.

Permanently affixing a manufactured home to real property or recording an affixation affidavit under AS 40.17.125 does not impair the rights of a holder of, or the character of, a lien or encumbrance on a manufactured home under AS 28.10.381 unless an application to cancel the title is filed with the department under AS 28.10.263 and the lien or encumbrance is released under AS 28.10.401.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.090. Filing affixation affidavit with department.

When a person designated in an affixation affidavit to file the affixation affidavit with the department receives a certified copy of the recorded affixation affidavit, the person shall deliver the certified copy of the affixation affidavit to the department for filing under AS 28.10.262 - 28.10.264.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.100. Use of affidavit.

(a) Except as provided in AS 34.85.010, 34.85.020, 34.85.090, and AS 40.17.125, an affixation affidavit is not necessary or effective to convey or encumber a manufactured home or to change the character of a manufactured home to real property.
(b) A conveyance of land on which a manufactured home is located must recite that the conveyance does not affect the title to the manufactured home and that the transfer or encumbrance of the manufactured home can only be made under AS 28.10 if
(1) an affixation affidavit has not been recorded for the manufactured home; or
(2) a severance affidavit has been recorded for the manufactured home.
(c) An agreement that waives the requirements of (a) or (b) of this subsection is void.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.110. Severance of manufactured home.

If an affixation affidavit has been recorded for a converted manufactured home and if the converted manufactured home is severed from the real property to which it was affixed, each person having an interest in the real property shall record a severance affidavit in the recording district where the affixation affidavit was recorded.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.120. Severance affidavit.

The severance affidavit must contain or be accompanied by
(1) the name, residence, and mailing address of the owner of the manufactured home;
(2) a description of the manufactured home, including the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home;
(3) a statement of whether the manufactured home is new or used;
(4) the serial numbers and date when the affixation affidavit was recorded;
(5) a statement
(A) of any facts or information known to the person signing the affidavit that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home; or
(B) that the person signing the affidavit does not know any facts or information that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home;
(6) a declaration made under oath or affirmation by an attorney authorized under AS 08.08 to practice law in the state or an agent of a title insurance company entitled under AS 21.66 to transact a title insurance business in this state that the manufactured home is free and clear of all liens and encumbrances, and
(A) stating any facts or information known to the attorney or agent that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home; or
(B) that the attorney or agent does not know any facts or information that could reasonably affect the validity of the title to the manufactured home or the existence or nonexistence of a lien or encumbrance on the manufactured home; and
(7) the name and address of the person designated to file the certified copy of the severance affidavit with the department under AS 28.10.265.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.130. Filing of severance affidavit.

On receipt of a certified copy of the severance affidavit by the person designated in the affidavit for filing with the department, the person shall file the certified copy with the department under AS 28.10.262 - 28.10.264.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.140. Affidavit form and acknowledgment.

(a) An affixation affidavit and a severance affidavit must be acknowledged in the same manner as a conveyance of real property and must be in a form that may be recorded under AS 40.17.
(b) The department shall establish by regulation the forms for an affixation affidavit and a severance affidavit.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.150. Permanently affixed.

A manufactured home is permanently affixed when it is
(1) anchored to real property by attachment to a permanent foundation;
(2) constructed in accordance with applicable state and local building codes and manufacturer's specifications as provided in the Model Manufactured Home Installation Standards of the federal Department of Housing and Urban Development (24 C.F.R. 3285); and
(3) connected to a residential utility, including water, gas, electricity, sewer, or septic service.
2023 Alaska Statutes › Title 34. Property › Chapter 85. Manufactured Home Property Act › Sec. 34.85.190. Definitions.

In this chapter, unless the context requires otherwise,
(1) “affixation affidavit” means an affixation affidavit under AS 34.85.060;
(2) “department” means the Department of Administration;
(3) “manufactured home” has the meaning given in AS 45.29.102;
(4) “permanently affixed” means when a manufactured home is permanently affixed under AS 34.85.150;
(5) “severance affidavit” means a severance affidavit under AS 34.85.120.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 05. Administration › Sec. 35.05.030. Duties of department.

The department has the following powers and duties:
(1) direct approved public works planning and construction;
(2) employ assistants and employees;
(3) certify and approve vouchers;
(4) prepare a departmental budget;
(5) review the annual public works program.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 05. Administration › Sec. 35.05.040. Powers of department.

The department may
(1) acquire property;
(2) exercise the power of eminent domain;
(3) take immediate possession of real property, or any interest in it under a declaration of taking or by other lawful means;
(4) acquire rights-of-way for present or future use;
(5) dispose of excess property or property rights;
(6) accept and dispose of federal funds or property available for public works construction, maintenance, or equipment;
(7) enter into contracts or agreements relating to public works with the federal government and political subdivisions, and also enter into contracts with a foreign government if approved by the federal government;
(8) exercise any other power necessary to carry out the purpose of this title;
(9) lease or grant land or any interest in land to the Alaska Housing Finance Corporation for a purpose set out in AS 18.55.100 - 18.55.960 on terms and conditions prescribed by the department;
(10) procure directly materials, labor, and contractual services for planning, designing, leasing, and constructing public facilities of the state;
(11) by lease under AS 36.30 (State Procurement Code), procure and manage public facilities for state use.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 05. Administration › Sec. 35.05.050. Federal aid.

Legislative assent to federal aid for the state, including aid given to the state through a department or agency of the federal government, is given. The department may apply for, contract, and do all things necessary to cooperate with the United States Government for the construction of public works under federal Acts.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 05. Administration › Sec. 35.05.060. State assumption of nonfederal flood control project costs.

To the extent that funds are made available by the legislature, the state shall assume 90 percent of the nonfederal costs of planning, land acquisition, construction, and maintenance of flood control projects authorized within the state by the United States, except that the state shall assume the full share of nonfederally funded costs with respect to those facilities that are primarily state responsibilities, including highways and roads, parks and recreation, and fish and game facilities. The state shall participate in federal flood control projects under this section only as to those projects authorized and approved by the department.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 1. Public Works Planning and Construction. › Sec. 35.10.010. Standard plans and specifications and limitation on cost.

The department shall prepare and adopt plans and specifications and determine standards for the construction of each public work. Each public work shall be limited in cost to the amount of the appropriation made for that purpose. The plans and specifications may be amended from time to time as the department considers advisable. This section does not apply to the construction of school buildings.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 1. Public Works Planning and Construction. › Sec. 35.10.030. Inspecting and supervising public works construction.

The department shall supervise and inspect the construction of public works and shall see that the work performed in constructing, repairing, altering, or improving public works is in accordance with the drawings and specifications for them, that the interests of the state are fully protected, and that no person, firm, or corporation employed on any work performs the work in any other or different manner than is provided by the contract and the plans and specifications.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 1. Public Works Planning and Construction. › Sec. 35.10.040. Failure of contractor to perform work.

If a contractor or person in charge of the construction of a public building in the state fails to perform the work in a good and workmanlike manner and does not perform the work in accordance with the plans and specifications of the contract, the department shall direct what legal action, if any, shall be taken.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 1. Public Works Planning and Construction. › Sec. 35.10.070. Research on public works.

The department may gather, investigate, and compile information concerning the use, construction, and maintenance of public works, the practices and methods of efficient organization, financing and such other information, data and statistics of the state, and the extent of natural resources of building materials in the state. The department shall disseminate this information, together with recommendations it considers advisable.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 1. Public Works Planning and Construction. › Sec. 35.10.080. Statement of work authorized, completion schedule, and recommendations.

Not later than February 1 of each year, the department shall prepare a statement showing the public works authorized within the past six-year period and the completion schedule as of that date, together with recommendations regarding the need for additional public works construction, if any.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 2. Boat Harbor, Dike, Jetty, and Breakwater Facilities. › Sec. 35.10.090. Application for federal funds.

The department shall apply in the name of the state, as applicant, to the appropriate federal agency for the construction or assistance in the construction of boat harbor, dike, jetty, or breakwater harbor facilities where the facilities are necessary, feasible, and appropriate to the local economy.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 2. Boat Harbor, Dike, Jetty, and Breakwater Facilities. › Sec. 35.10.100. Determining need and priority of projects.

The department shall prepare the preliminary determination of need for each project of the type described in AS 35.10.090 and its feasibility and appropriateness through representations and data submitted to it by the residents of each community desiring a project, and from other information available to it. The department shall approve and make the final determination of those projects, and their order or priority for which application is made.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 2. Boat Harbor, Dike, Jetty, and Breakwater Facilities. › Sec. 35.10.110. Contracting with communities for local participation.

The department may contract with a community for the participation of the community either in the financing of projects or, instead of local financial participation, to contract with the community for its installing necessary piling, floats, and related equipment and facilities whether at the community's direct expense or through local volunteer labor, after completion of the basic boat harbor, dike, jetty, or breakwater facilities.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 2. Boat Harbor, Dike, Jetty, and Breakwater Facilities. › Sec. 35.10.120. Lease or sale of marine or harbor facilities.

The department may lease for a period up to 50 years or may sell for a nominal sum to an incorporated city, public utility district, or other incorporated area marine or harbor facilities constructed or rebuilt with territorial funds or state funds or with territorial or state and federal matching funds. The intent of this section is to allow cities, public utility districts, and other incorporated areas to lease or purchase marine or harbor facilities so that they may enforce municipal ordinances on them and legally assess fees to meet maintenance costs.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 3. Financial Provisions. › Sec. 35.10.135. Public facility planning fund.

There is established within the Office of the Governor, office of management and budget a public facility planning fund. The fund is a capital fund and consists of (1) money appropriated by the legislature, (2) money reimbursed to it from the proceeds of the sales of general obligation bonds and revenue bonds issued for projects and (3) money reimbursed to it from appropriations for any projects for which money from the fund has been spent. The fund is available for expenditure, on a reimbursable basis, only for the purposes of providing working capital for facility program planning and for facility procurement planning as specified in this chapter. All expenditures from the fund are subject to an independent audit which shall be made annually and reported to the governor and the legislature.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 4. Public Facility Procurement Policy. › Sec. 35.10.160. Findings and purpose.

The legislature finds that since the needs of the state for physical facilities of all kinds are diverse, the planning, design, and procurement of public facilities through lease or construction should be executed in accordance with facility procurement policies developed by the department and reviewed annually by the legislature.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 4. Public Facility Procurement Policy. › Sec. 35.10.170. Duties of department.

In addition to other duties prescribed by statute, the department shall
(1) develop facility procurement policies for the planning, design, lease, construction, maintenance, and operation of public facilities of the state;
(2) develop and maintain an inventory of physical facilities currently owned or occupied by the state;
(3) make projections of future public facility needs of the state, analyze facilities needed, and establish methodology for program planning and facilities project planning, design, and construction, based upon
(A) a justification of the level of service anticipated by the program agency, utilizing population projections and estimates approved by the governor;
(B) consideration of the geographical area to be served by the facility and relevant data concerning the agency's existing public facilities in that area;
(C) the date by which the services are to be provided;
(D) alternative program methods for providing the services; and
(E) pertinent data requested by the department in accordance with procedures developed under AS 35.10.180;
(4) engage in experimental projects as necessary relating to any available or future method of facility procurement, design, lease, or construction and any method of improving existing design, planning, and construction techniques;
(5) develop life cycle costs of public facilities of the state;
(6) develop life cycle costing methodologies for the following special purposes:
(A) budget forecasting to support facility program planning and analysis;
(B) systematic cost estimating to forecast planning, design, leasing, and construction;
(C) budget forecasting to support development of annual maintenance and operating strategies and life cycle cost plans;
(D) alternative methods of space acquisition and space equalization that will maximize the effectiveness of public funds;
(7) apply for and accept, on behalf of the state, grants from the federal government or an agency of it or from another state foundation, corporation, association, or individual for any of the functions or purposes of the department and may expend any of the money received under this section for any of the functions or purposes.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 4. Public Facility Procurement Policy. › Sec. 35.10.180. Physical facility procurement and planning policies.

(a) The department shall develop and keep current by periodic revision physical facility procurement and planning policies for public buildings and other state facilities and shall develop regulations and guidelines for the implementation of these policies.
(b) In developing and revising these policies the department shall seek public review and evaluation by any reasonable means and shall
(1) consult and cooperate with officials of the federal government, local governments, other political subdivisions of the state, and other interested persons regarding physical facility procurement planning;
(2) request and receive from an agency or other unit of the state government the assistance and data needed to carry out the requirements of this section.
(c) The commissioner shall submit copies of proposed policies and plans annually, within 10 days after the legislature convenes, to the legislature. The legislature may approve, reject, or modify the policies and plans by concurrent resolution. If the legislature fails to act during the legislative session, the policies and plans are approved.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 4. Public Facility Procurement Policy. › Sec. 35.10.190. Coordination by department.

(a) The department shall coordinate the procurement of physical facilities through lease or construction for the state to insure the greatest cost savings of planning, design, and contractual techniques.
(b) When the state or an agency of the state determines that a public facility is to be constructed or renovated, it shall, unless exempted by regulations of the department, submit to the department an application for a certificate that the proposed facility complies with adopted facility procurement policies. The department may reject the application but if it does so it shall state in writing the reasons for the rejection. If a written statement that the application is rejected does not issue within 30 days after receipt of the application by the department, unless the department and the applicant have agreed upon an extension of time for consideration, the certificate of compliance is not required. Except as provided otherwise by regulation or by this section, a public facility of the state may not be constructed or renovated by the state unless a certificate that the facility complies with adopted facility procurement policies has been issued.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 4. Public Facility Procurement Policy. › Sec. 35.10.195. Conformance with AS 36.30.

The contractual techniques for the procurement of labor, materials, and contractual services, including facility procurement through lease or construction, under this chapter must conform to the requirements of AS 36.30 (State Procurement Code).
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 4. Public Facility Procurement Policy. › Sec. 35.10.200. Definitions.

In AS 35.10.160 - 35.10.200,
(1) “life cycle costs” means analytic techniques that provide data to describe the first cost of procurement of public facilities through lease or construction, and the maintenance cost, operation cost, and occupancy cost of the facilities;
(2) “policies” includes but is not limited to budget accounting and cost planning techniques, facility design techniques, and contractual techniques for the procurement of labor, materials, and contractual services.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 5. Utilities and Encroachments in Public Facilities. › Sec. 35.10.210. Use of public facilities for utilities.

A utility facility may be constructed, placed, or maintained across, along, over, under, or within a state public facility only in accordance with regulations adopted or procedures prescribed by the department and only if authorized by a written permit issued by the department. The department may charge a fee for a permit issued under this section.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 5. Utilities and Encroachments in Public Facilities. › Sec. 35.10.220. Relocation of utility facilities incident to public facility projects.

(a) If, incident to the construction of a public facility project, the department determines and orders that a utility facility located across, along, over, under, or within a state public facility must be changed, relocated, or removed, the utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order, within a reasonable time set by the department in the order.
(b) If the utility facility is not changed, relocated, or removed in accordance with the order, a permit authorizing the utility issued by the department under AS 35.10.210 becomes invalid and the facility will be considered an unauthorized encroachment subject to the provisions of AS 35.10.270.
(c) The cost of change, relocation, or removal, as defined in AS 35.95.100, ordered under (a) of this section is to be paid as follows:
(1) by the department as a cost of public facility construction, if the utility facility is installed or authorized after June 11, 1986 under a utility permit or a regulation and is installed in the location specified in the permit;
(2) by the department as a cost of public facility construction, if the facility was installed before June 11, 1986 under a utility permit and is in the location specified in the permit;
(3) by the department as a cost of public facility construction, if the utility facility was installed before the location became a state public facility or before permits were required;
(4) by the department as a cost of public facility construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five years before the contract for the public facility construction project was first advertised;
(5) by the utility in all other cases unless the commissioner finds it is in the public interest for the cost to be paid by the department.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 5. Utilities and Encroachments in Public Facilities. › Sec. 35.10.230. Encroachment permits.

An encroachment may be constructed, placed, changed, or maintained across or within a public facility, but only in accordance with regulations or procedures adopted by the department. An encroachment may not be constructed, placed, maintained, or changed until it is authorized by a written permit issued by the department, unless the department provides otherwise by regulation. The department may charge a fee for a permit issued under this section.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 5. Utilities and Encroachments in Public Facilities. › Sec. 35.10.240. Relocation or removal of encroachment.

If, incidental to the construction or maintenance of a state public facility, the department determines and orders that an encroachment previously authorized by written permit must be changed, relocated, or removed, the owner of the encroachment shall change, relocate, or remove it within a reasonable time set by the department in the order. The cost of the change, relocation, or removal shall be paid as provided in AS 35.10.220(c). If the owner does not change, relocate, or remove an encroachment within the time set by the department, the encroachment is considered an unauthorized encroachment and subject to the provisions of AS 35.10.270.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 5. Utilities and Encroachments in Public Facilities. › Sec. 35.10.250. Unauthorized encroachments.

If an unauthorized encroachment exists in, on, under, or over a state public facility, the department may require the removal of the encroachment, at the expense of the owner, in the manner provided in AS 35.10.260 - 35.10.270.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 5. Utilities and Encroachments in Public Facilities. › Sec. 35.10.260. Notice of removal of unauthorized encroachment.

Notice shall be given the owner, occupant, or person in possession of an unauthorized encroachment, or to another person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment within a time limit set by the department. The notice must describe the encroachment with reasonable certainty as to its character and location. Service of the notice may be made by certified mail.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 10. Public Works › Article 5. Utilities and Encroachments in Public Facilities. › Sec. 35.10.270. Removal after noncompliance; removal expense.

After a failure of the owner of an unauthorized encroachment to comply with the notice or order of the department under AS 35.10.220, 35.10.240, or 35.10.260, the department may remove the encroachment, or cause it to be removed. The owner of the unauthorized encroachment shall pay to the department
(1) the expense of the removal of the encroachment;
(2) all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and
(3) costs and expense of suit.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 15. Construction Procedures › Article 1. Construction of Public Works. › Sec. 35.15.010. Construction by department.

(a) Except as provided in AS 44.33.300, it is the general policy of the state to require the construction of all public works under bid contract in accordance with AS 36.30 (State Procurement Code). However, when the estimated cost of a construction project is less than $100,000, or when it appears to be in the best interests of the state, the department may perform the work, notwithstanding any other provisions of law. A complete record shall be kept by the commissioner or the commissioner's designee of all transactions entered into under this section, including names of employees involved in the transactions.
(b) Construction or professional services in connection with the construction of a public work performed by the department under (a) of this section which have an estimated cost exceeding $5,000 may not be performed by the department unless the commissioner determines, in writing, that the cost to the state will be less than that incurred as a result of a formally advertised or negotiated contract. The determination of the commissioner shall be supported by findings of fact which shall set out enough facts and circumstances to clearly justify the determination. The determination and findings shall be maintained as a permanent record of the department.
(c) In this section, “professional services” means architectural, engineering, or land surveying services.