reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.705. Political activities.

(a) Money, assets, or property of the corporation may not be used for political activities. However, board members and employees may communicate with and appear before committees of Congress, the state legislature, and municipal governing bodies in connection with matters directly affecting the corporation.
(b) A board member or employee who violates the provisions of this section is personally subject to a civil penalty assessed by a judge of the superior court in an amount not to exceed $5,000. An action to enforce this section may be brought by any person.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.710. Corporation employees.

(a) Employees of the Alaska Railroad are employees of the corporation and not of the state. However, employees of the corporation shall be treated as employees of the state for the purposes of AS 39.52. The provisions of AS 39, other than AS 39.52, do not apply to employees of the corporation.
(b) Except as provided in this subsection, employees of the corporation are covered by AS 23.10.050 - 23.10.150 (Alaska Wage and Hour Act). If the terms of a collective bargaining agreement that was mutually agreed upon by an organization representing train or engine service employees and the corporation so provide, AS 23.10.050 - 23.10.150 do not apply to train or engine service employees to the extent set out in the collective bargaining agreement.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.720. Collective bargaining rights.

The provisions of AS 23.40.070 - 23.40.260 (Public Employment Relations Act) do not apply to the corporation or to its employees. However, employees who are not executive officers may organize and form, join, or assist an organization to engage in collective bargaining through representatives of their own choosing and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.730. Railroad labor relations agency.

(a) The Alaska labor relations agency, established in AS 23.05.360, is the sole railroad labor relations agency.
(b) The Alaska labor relations agency shall carry out the provisions of AS 42.40.730 - 42.40.890.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.740. Collective bargaining unit.

The railroad labor relations agency shall decide in each case, in order to ensure employees the fullest freedom in exercising the rights guaranteed by AS 42.40.710 - 42.40.890 the unit appropriate for the purposes of collective bargaining, based on such factors as community of interest, wages, hours, and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees. Bargaining units shall be as large as is reasonable, and unnecessary fragmenting shall be avoided.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.750. Representatives and elections.

(a) The railroad labor relations agency shall investigate a petition if it is submitted in a manner prescribed by the railroad labor relations agency by
(1) an employee or group of employees or an organization acting in their behalf alleging that 30 percent of the employees of a proposed bargaining unit
(A) want to be represented for collective bargaining by a labor or employee organization as exclusive representative; or
(B) assert that the organization that has been certified or is currently being recognized by the corporation as bargaining representative is no longer the representative of the majority of employees in an appropriate unit; or
(2) the corporation alleging that one or more organizations have presented to it a claim to be recognized as a representative of a majority of employees in an appropriate unit.
(b) If the railroad labor relations agency has reasonable cause to believe that a question of representation exists, it shall provide for a hearing upon due notice. If the railroad labor relations agency finds that there is a question of representation, it shall direct an election by secret ballot to determine whether or by which organization the employees desire to be represented and shall certify the results of the election. Nothing in this subsection prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with the regulations of the railroad labor relations agency or an election in a bargaining unit agreed upon by the parties.
(c) The railroad labor relations agency shall determine who is eligible to vote in an election held under this section and shall adopt regulations governing the election. In an election in which none of the choices on the ballot receives a majority of the votes cast, a runoff election shall be conducted, the ballot providing for selection between the two choices receiving the largest number of valid votes cast in the election. If an organization receives the majority of the votes cast in the election, it shall be certified by the railroad labor relations agency as exclusive representative of all the employees in the bargaining unit. An election may not be held in a bargaining unit or in a subdivision of a bargaining unit if a valid election has been held within the preceding 12 months.
(d) Nothing in this chapter prohibits recognition of an organization as the exclusive representative by the corporation by mutual consent.
(e) An election may not be directed by the railroad labor relations agency in a bargaining unit in which there is in force a valid collective bargaining agreement, except during a 90-day period preceding the expiration date. However, a collective bargaining agreement may not bar an election upon petition of employees in the bargaining unit if
(1) the petitioners are not parties to the agreements; and
(2) more than three years have elapsed since the execution of the agreement or its last timely renewal, whichever was later.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.760. Unfair labor practices.

(a) The corporation or its agent may not
(1) interfere, restrain, or coerce an employee in the exercise of the rights guaranteed in AS 42.40.720;
(2) dominate or interfere with the formation, existence, or administration of an organization;
(3) discriminate in regard to hire or tenure of employment or a term or condition of employment to encourage or discourage membership in an organization;
(4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given testimony under AS 42.40.710 - 42.40.890;
(5) refuse to bargain collectively in good faith with an organization that is the exclusive representative of employees in an appropriate unit, including the discussing of grievances with the exclusive representative.
(b) Nothing in AS 42.40.710 - 42.40.890 prohibits the corporation from making an agreement with an organization to require as a condition of employment
(1) membership in the organization that represents the unit on or after the 30th day following the beginning of employment or on the effective date of the agreement, whichever is later; or
(2) payment by the employee to the exclusive bargaining agent of a service fee to reimburse the exclusive bargaining agency for the expense of representing the members of the bargaining unit.
(c) An organization or its agents may not
(1) restrain or coerce
(A) an employee in the exercise of the rights guaranteed in AS 42.40.720; or
(B) the corporation in the selection of a representative for the purposes of collective bargaining or the adjustment of grievances;
(2) refuse to bargain collectively in good faith with the corporation, if it has been designated in accordance with AS 42.40.710 - 42.40.890 as the exclusive representative of employees in an appropriate unit.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.770. Investigation and conciliation of complaints.

If a verified written complaint by or for a person claiming to be aggrieved by a practice prohibited by AS 42.40.760 or a written accusation that a person subject to AS 42.40.710 - 42.40.890 has engaged in a prohibited practice, is filed with the railroad labor relations agency, it shall investigate the complaint or accusation. If it determines after a preliminary investigation that probable cause exists in support of the complaint or accusation, it shall try to eliminate the prohibited practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during this endeavor may be used as evidence in a subsequent proceeding.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.780. Complaint and accusation.

If the railroad labor relations agency fails to eliminate the prohibited practice by conciliation and to obtain voluntary compliance with AS 42.40.710 - 42.40.890 or before it attempts conciliation, it may serve a copy of the complaint or accusation upon the respondent. The complaint or accusation and the subsequent procedures shall be handled in accordance with the administrative adjudication portion of AS 44.62 (Administrative Procedure Act).
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.790. Orders and decisions.

If the railroad labor relations agency finds that a person named in the written complaint or accusation has engaged in a prohibited practice, the railroad labor relations agency shall issue and serve on the person an order or decision requiring the person to cease and desist from the prohibited practice and to take affirmative action that will carry out the provisions of AS 42.40.710 - 42.40.890. If the railroad labor relations agency finds that a person named in the complaint or accusation has not engaged or is not engaging in a prohibited practice, the railroad labor relations agency shall state its findings of fact and issue an order dismissing the complaint or accusation.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.800. Enforcement by injunction.

The railroad labor relations agency may apply to the superior court in the judicial district in which the prohibited practice occurred for an order enjoining the prohibited acts specified in the order or decision of the railroad labor relations agency. Upon showing by the railroad labor relations agency that the person has engaged or is about to engage in the practice, an injunction, restraining order, or other order that is appropriate may be granted by the court and shall be without bond.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.810. Power to investigate and compel testimony.

(a) For the purpose of the investigations, proceedings, or hearings that the railroad labor relations agency considers necessary to carry out AS 42.40.710 - 42.40.890, the railroad labor relations agency may issue subpoenas requiring the attendance and testimony of witnesses and the production of relevant evidence.
(b) The railroad labor relations agency may administer oaths, examine witnesses, and receive evidence.
(c) The attendance of witnesses and the production of evidence may be required from any place in the state at any designated place of hearing.
(d) If a person refuses to obey a subpoena issued under AS 42.40.710 - 42.40.890, the superior court in the district in which the person resides or is found may, upon application by the railroad labor relations agency, issue an order requiring the person to comply with the subpoena.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.840. Mediation.

(a) If, after a reasonable period of negotiation over the terms of a collective bargaining agreement, an impasse as determined by the railroad labor relations agency exists between the corporation and an organization, the railroad labor relations agency shall appoint a person mutually agreeable to the parties from a list of seven qualified mediators or arbitrators knowledgeable in railway labor agreements to act as mediator in the dispute.
(b) Before the determination of an impasse under this section, the parties may also select a mediator by mutual consent.
(c) It shall be the function of the mediator to bring the parties together to effectuate a settlement of the dispute, but neither the mediator nor the railroad labor relations agency has any power of compulsion in mediation proceedings.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.850. Strikes.

(a) Following a decision by the mediator to end the mediation proceedings, employees of a collective bargaining unit may engage in a strike for a limited time if a majority of the employees in that collective bargaining unit vote by secret ballot to do so. The limit of the strike is determined by the interest of the health, safety, or welfare of the public.
(b) The corporation may apply to the superior court in the judicial district in which the strike is occurring for an order enjoining the strike. A strike may not be enjoined unless it can be shown that it has begun to threaten, or is about to threaten, the health, safety, or welfare of the public. A court, in deciding whether to enjoin the strike, shall consider the total equities in the particular case, including the impact of a strike on the public and the extent to which an employee organization and the corporation have met their statutory obligations.
(c) If an impasse or deadlock still exists after the issuance of an injunction, the parties shall submit the dispute to binding arbitration. The railroad labor relations agency shall appoint an arbitrator selected by the parties by mutual consent. If the parties are unable to agree on an arbitrator, the railroad labor relations agency shall appoint an arbitrator from a list of arbitrators knowledgeable in railroad labor agreements. The arbitrator shall fashion the award the arbitrator considers equitable.
(d) Notwithstanding (a) - (c) of this section, an organization and the corporation may mutually agree to submit a dispute to binding arbitration at any time.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.860. Agreements.

(a) The Department of Administration may participate in labor negotiations between the corporation and an organization. The corporation may seek advice of the Department of Administration before entering into a collective bargaining agreement concerning wages, hours, and other terms and conditions of employment. However, the final decision regarding collective bargaining agreements shall be made by the board.
(b) Upon the completion of negotiations between an organization and the corporation, if a settlement is reached, the corporation shall reduce it to writing in the form of an agreement. The agreement shall include a grievance procedure that shall have binding arbitration as its final step. Either party to the agreement has a right of action to enforce the agreement by petition to the railroad labor relations agency.
(c) The parties to an agreement under this section may agree to terms that specify an expiration date for the agreement.
(d) Notwithstanding any provision of AS 42.40.710 - 42.40.890 to the contrary, an agreement between the corporation and an employee bargaining organization that does not contain benefit provisions at least as beneficial to the employee as those provided by AS 39.20.500 - 39.20.550 shall be considered to contain the benefit provisions of those statutes.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.870. Organization dues and employee benefits; deduction and authorization.

Upon written authorization of an employee within a bargaining unit, the corporation shall deduct from the payroll of the employee the monthly amount of dues, fees, and other employee benefits as certified by the secretary of the exclusive bargaining representative and shall deliver it to the chief fiscal officer of the exclusive bargaining representative.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.880. Exemption.

Notwithstanding the provisions of AS 42.40.870, a collective bargaining settlement reached, or agreement entered into, under AS 42.40.860 that incorporates union security provisions, including a union shop or agency shop provision or agreement, shall safeguard the rights of nonassociation of employees having bona fide religious convictions based on tenets or teachings of a church or religious body of which an employee is a member. Upon submission of proper proof of religious conviction to the railroad labor relations agency, the agency shall declare the employee exempt from becoming a member of an organization. The employee shall pay an amount of money equivalent to regular organization dues, initiation fees, and assessments to the organization. Nonpayment of this money subjects the employee to the same penalty as if it were nonpayment of dues. The receiving organization shall contribute an equivalent amount of money to a charity of its choice not affiliated with a religious, labor, or employee organization. The organization shall submit to the railroad labor relations agency proof of contribution.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.885. Prohibited acts.

(a) The corporation or an employee may not directly or indirectly
(1) require or coerce an employee to participate in any way in any activity or undertaking unless the activity or undertaking is related to the performance of official duties;
(2) require or coerce an employee to make any report concerning an activity or undertaking of the employee unless the activity or undertaking is related to the performance of official duties;
(3) except as directly related to the performance of official duties, require or coerce an employee to submit to an interrogation, examination, or psychological test that is designed to elicit information concerning
(A) a personal relationship with a person connected with the employee by blood or marriage;
(B) the employee's religious beliefs or practices;
(C) sexual matters;
(D) the employee's political affiliation or philosophy;
(4) coerce an employee to invest or contribute earnings in any manner or for any purpose;
(5) restrict or attempt to restrict after-working-hour statements, pronouncements, or other activities, not otherwise prohibited by law or personnel rule, of an employee, if the employee does not purport to speak or act in an official capacity.
(b) The provisions of (a) of this section do not diminish the authority of an authorized law enforcement agency to conduct criminal investigations of employees suspected of being involved in criminal activity or to investigate other activity directly related to official railroad business.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 9. Personnel and Labor Relations. › Sec. 42.40.890. Definitions for AS 42.40.710 - 42.40.890.

In AS 42.40.710 - 42.40.890,
(1) “election” means a proceeding conducted by the labor relations agency in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives, or for any other purpose specified in AS 42.40.710 - 42.40.890;
(2) “organization” means a labor or employee organization of any kind in which employees participate and that exists for the primary purpose of dealing with the corporation concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of employment;
(3) “railroad labor relations agency” means the Alaska labor relations agency established in AS 23.05.360.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.900. Claims.

(a) All claims and lawsuits involving activities of the railroad, including suits in contract, quasi-contract, or tort, shall be brought against the corporation and not against the state.
(b) For the purposes of actionable claims, undertakings, payments of judgments, execution, interest, punitive damages, statutes of limitations, bonds, costs, and similar matters related to the presentation and prosecution of claims by and against the corporation, the corporation and its board members and employees enjoy the same rights, privileges, and immunities as the state and state officers.
(c) Claims against the corporation are not subject to the provisions of AS 44.77 regarding claims against the state.
(d) The corporation is not subject to the provisions of AS 44.80.010, regarding the state as a party to an action.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.905. Notice of legal actions.

(a) The corporation shall notify the Department of Law within 30 days before initiating legal action unless special circumstances exist that require immediate legal action to protect the corporation assets or to continue existing service.
(b) If notice of legal action is not given under (a) of this section, within seven days of taking action the board shall notify the Department of Law of the action taken and of the special circumstances that exempted the action from the requirements of (a) of this section.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.910. Exemption from taxation.

(a) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions. Subject to (b) of this section, the real and personal property of the corporation and its assets, income, and receipts are exempt from all taxes and special assessments of the state or a political subdivision of the state.
(b) Bonds and notes issued under this chapter are issued by a body corporate and public of the state and for an essential public and governmental purpose. Therefore, the bonds and notes, the interest and income from them, and all fees, charges, funds, revenue, income, and other money pledged or available to pay or secure the payment of the bonds and notes or interest on them, are exempt from taxation except for inheritance, transfer, and estate taxes.
(c) This section does not affect or limit an exemption from license fees, property taxes, or excise, income, or other taxes, provided under any other law, nor does it create a tax exemption with respect to the interest of any business enterprise or other person, other than the corporation.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.915. Transportation of members of the Alaska organized militia.

To the extent that space is available, the corporation shall provide free transportation on the Alaska Railroad for a member of the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force who is en route to or from drill, training, or other official militia activities.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.920. Application of existing laws.

(a) [Repealed, § 38 ch 168 SLA 1990.]
(b) Unless specifically provided otherwise in this chapter, the following laws do not apply to the operations of the corporation:
(1) AS 19;
(2) AS 30.15;
(3) AS 35;
(4) AS 36.30, except as specifically provided in that chapter;
(5) AS 37.05, except as specifically provided in AS 37.05.210;
(6) AS 37.07;
(7) AS 37.10.010 - 37.10.060;
(8) AS 37.10.085;
(9) AS 37.20;
(10) AS 37.25;
(11) AS 38;
(12) AS 44.62.010 - 44.62.319.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.930. Conflicting laws inapplicable.

If provisions of this chapter conflict with the provisions of other state law, the provisions of this chapter prevail. Provisions of this chapter shall be construed so that they do not conflict with 45 U.S.C. 1201 - 1214 (Alaska Railroad Transfer Act of 1982).
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.935. Railroad facilities code compliance.

(a) Not later than two years after the date of transfer the corporation in consultation with the Department of Labor and Workforce Development shall develop and adopt a plan to achieve compliance with AS 18.60. The plan shall be implemented and compliance achieved within five years after it is adopted.
(b) No later than two years after the date of transfer, the corporation in consultation with the Department of Public Safety and appropriate municipal officials, shall develop and adopt a plan to achieve compliance with building and related safety codes applicable to facilities of the corporation. The plan shall be implemented and compliance achieved within five years after it is adopted. In the sole determination of the commissioner of public safety, any existing building owned or controlled by the corporation that does not present a serious safety hazard and for which compliance would be uneconomical in consideration of its remaining useful life shall be exempted from compliance with state or municipal safety codes.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.940. Sale or lease of the railroad.

(a) The governor may provide for the sale or lease of the Alaska Railroad and dissolve the corporation if
(1) it can be assured that the railroad will continue to operate after the sale or lease; and
(2) under the terms of the sale or lease, the state will receive the amount of money it has spent in connection with the Alaska Railroad.
(b) A sale under this section is subject to approval by law.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 40. Alaska Railroad Corporation › Article 10. General Provisions. › Sec. 42.40.980. Definitions.

In this chapter unless the context otherwise requires,
(1) “board” means the board of directors of the Alaska Railroad Corporation;
(2) “bonds” means bonds, bond anticipation notes, notes, refunding bonds, or other obligations;
(3) “collective bargaining” means the performance of the mutual obligation of the corporation or its designated representatives and the representatives of the employees to meet at reasonable times, including meetings in advance of the budget making process, and negotiating in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or negotiation of a question arising under an agreement and the execution of a written contract incorporating an agreement reached if requested by either party, but these obligations do not compel either party to agree to a proposal or require the making of a concession;
(4) “corporation” means the Alaska Railroad Corporation;
(5) “date of transfer” means the date on which the United States Secretary of Transportation delivers the transfer documents under 45 U.S.C. 1201 - 1214 (Alaska Railroad Transfer Act of 1982);
(6) “employees” means all persons employed by the corporation including executive officers;
(7) “executive officer” means the corporation's chief executive officer, assistant chief executive officer, assistant to the chief executive officer, chief of administration, superintendent of transportation, manager of marketing and sales, chief engineer, chief mechanical officer, manager of industrial development and real estate, manager of budget and accounting, manager of planning, manager of personnel, manager of supply and procurement, chief of security, manager of operating rules, manager of data processing, manager of strategy, manager of operations planning, manager of supply, manager of procurement, manager of safety, manager of administrative procedure, chief counsel, or, if so designated by the board, any employee who fulfills these management functions under a different title or who exercises a similar or comparable level of responsibility or supervision;
(8) “land” means any interest in real property, including tide and submerged land, and any right appurtenant to the interest;
(9) “rule” means a standard of general application or the amendment, supplement, revision, or repeal of a standard adopted by the corporation to implement, interpret, or make specific the law enforced or administered by it or to govern its procedure;
(10) “terms and conditions of employment” means the hours of employment, the compensation and fringe benefits, and the employer's personnel policies affecting the working conditions of the employees, but does not mean the general policies describing the function and purposes of an employer.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 1. Power Assistance Programs. › Sec. 42.45.040. Southeast energy fund.

(a) The Southeast energy fund is established as a separate fund. The fund consists of
(1) money appropriated to the fund by the legislature;
(2) money transferred to it under former AS 42.45.050;
(3) gifts, bequests, contributions from other sources, and federal money;
(4) interest earned on the fund balance; and
(5) investments, to be managed by the Department of Revenue, which shall be the fiduciary of the fund under AS 37.10.071.
(b) The fund is not a dedicated fund.
(c) The authority may make grants from the Southeast energy fund to a municipality of the state, a joint action agency established under AS 42.45.300 and 42.45.310, a member-owned electric cooperative established under AS 10.25, or another electric utility holding a certificate of public convenience and necessity under AS 42.05 for power projects, repayment of loans, and payments on bonds for hydroelectric projects and electrical transmission lines or interties serving Southeast Alaska that are entirely owned by the grantee.
(d) An appropriation from the fund for a project described in (c) of this section lapses back into the fund if substantial, ongoing work on the project has not begun within seven years after the effective date of the appropriation.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 1. Power Assistance Programs. › Sec. 42.45.065. Reimbursement for costs of power projects.

(a) Subject to appropriations for the purpose, during each fiscal year, the authority shall allocate to each entity listed in (b) of this section an amount to reimburse the cost paid by the entity during the immediately preceding fiscal year for the principal and interest on outstanding debt for the project listed. An allocation may be made to an entity only if
(1) the debt was incurred before July 1, 2005; and
(2) the power project financed with the debt proceeds is owned and operated by the entity.
(b) The authority may make an allocation to an entity under (a) of this section only for reimbursement of costs incurred for construction and renovation of the following power projects and only for reimbursement of total project costs incurred up to the following amounts:
PROJECT
Kodiak Electric Association, Inc. (Nyman Combined $ 6,000,000
Cycle Cogeneration Plant)
Cordova Electric Cooperative (Power Creek Hydropower 12,000,000
Station)
Golden Valley Electric Association (Rock Creek line 700,000
extension)
Copper Valley Electric Association, Inc., Valdez 10,000,000
(cogeneration projects)
The Four Dam Pool Power Agency (Southeast Intertie, 20,000,000
Swan Lake to Tyee Lake)
Metlakatla Power and Light (utility plant and capital 3,000,000
additions)
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 2. Power Cost Equalization Endowment Fund. › Sec. 42.45.070. Power cost equalization endowment fund established.

(a) The power cost equalization endowment fund is established as a separate fund of the authority. The fund consists of
(1) legislative appropriations to the fund that are not designated for annual expenditure for the purpose of power cost equalization;
(2) accumulated earnings of the fund;
(3) gifts, bequests, contributions of money and other assets, and federal money given to the fund that are not designated for annual expenditure for power cost equalization; and
(4) [Repealed, § 13 ch 60 SLA 2000.]
(b) Nothing in this section creates a dedicated fund.
(c) [Repealed, § 13 ch 60 SLA 2000.]
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 2. Power Cost Equalization Endowment Fund. › Sec. 42.45.080. Powers and duties of the commissioner of revenue.

(a) The commissioner of revenue is the fiduciary of the fund. In managing the fund, the commissioner shall
(1) have the same powers and duties as are provided in AS 37.10.071; and
(2) apply the prudent-investor rule when investing the fund; the “prudent-investor rule” as applied to investment activity of the fund means exercising the judgment and care under the circumstances then prevailing that an institutional investor of ordinary prudence, discretion, and intelligence exercises in the designation and management of large investments entrusted to it, not in regard to speculation, but in regard to the permanent disposition of funds, considering preservation of the purchasing power of the fund over time while maximizing the expected total return from both income and the appreciation of capital.
(b) In managing the fund, the commissioner shall
(1) consider the status of the fund's capital and the income generated on both current and probable future bases;
(2) determine the appropriate investment objectives;
(3) establish investment policies to achieve the objectives; and
(4) act only in regard to the best financial interests of the fund.
(c) On July 1 of each year, the commissioner shall determine
(1) the monthly average market value of the fund for the previous three closed fiscal years; and
(2) the earnings of the fund for the previous closed fiscal year.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 2. Power Cost Equalization Endowment Fund. › Sec. 42.45.085. Use of the power cost equalization endowment fund.

(a) Five percent of the amount determined by the commissioner of revenue on July 1 of each year under AS 42.45.080(c)(1) may be appropriated for the following purposes:
(1) funding the power cost equalization and rural electric capitalization fund (AS 42.45.100);
(2) reimbursement to the Department of Revenue for the costs of establishing and managing the fund; and
(3) reimbursement of other costs of administration of the fund.
(b) Nothing in this section creates a dedicated fund.
(c) If the amount appropriated under (a) of this section is insufficient to achieve the purposes of (a)(1) - (3) of this section, the amount shall be prorated among the purposes listed in (a)(1) and (2) of this section.
(d) If the earnings of the fund for the previous closed fiscal year, as calculated under AS 42.45.080(c)(2), exceed the appropriation under (a) of this section for the current fiscal year, the legislature may appropriate 70 percent of the difference between the earnings of the fund for the previous closed fiscal year, as calculated under AS 42.45.080(c)(2), and the appropriation made under (a) of this section for the current fiscal year as follows:
(1) if the amount calculated under this subsection is less than $30,000,000, that amount to a community revenue sharing or community assistance fund; or
(2) if the amount calculated under this subsection is $30,000,000 or more,
(A) $30,000,000 to a community revenue sharing or community assistance fund; and
(B) the remaining amount, not to exceed $25,000,000, to the renewable energy grant fund established under AS 42.45.045, to the bulk fuel revolving loan fund established under AS 42.45.250, or for rural power system upgrades or to a combination of the funds or purposes listed in this subparagraph.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 2. Power Cost Equalization Endowment Fund. › Sec. 42.45.099. Definition.

In AS 42.45.070 - 42.45.099, “fund” means the power cost equalization endowment fund established in AS 42.45.070.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 3. Power Cost Equalization and Rural Electric Capitalization. › Sec. 42.45.100. Power cost equalization and rural electric capitalization fund.

(a) The power cost equalization and rural electric capitalization fund is established as a separate fund for the purpose of
(1) equalizing power cost per kilowatt-hour statewide at a cost close to or equal to the mean of the cost per kilowatt-hour in Anchorage, Fairbanks, and Juneau by paying money from the fund to eligible electric utilities in the state; and
(2) making grants to eligible utilities under AS 42.45.180 to improve the performance of the utility.
(b) The fund shall be administered by the authority as a fund distinct from the other funds of the authority. The fund is composed of
(1) money appropriated to provide power cost equalization to eligible electric utilities and to provide grants for utility improvements;
(2) money appropriated from the National Petroleum Reserve - Alaska special revenue fund under AS 37.05.530(g);
(3) money appropriated from the power cost equalization endowment fund (AS 42.45.070) under AS 42.45.085(a);
(4) gifts, bequests, contributions from other sources, and federal money; and
(5) interest earned on the fund balance.
(c) The fund is not a dedicated fund.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 3. Power Cost Equalization and Rural Electric Capitalization. › Sec. 42.45.115. Exclusion from eligibility.

(a) Notwithstanding the definition of “eligible electric utility” in AS 42.45.150, an electric utility whose primary source of power for sale to customers is one or more of the power projects that were part of the former initial project may not be considered an eligible electric utility.
(b) In this section, “former initial project” includes the Tyee Lake, Swan Lake, Solomon Gulch, and Terror Lake hydroelectric facilities.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 3. Power Cost Equalization and Rural Electric Capitalization. › Sec. 42.45.120. Notice to customers.

If an electric utility receives power cost equalization under AS 42.45.100 - 42.45.150, the utility shall either give to its electric service customers eligible under this program, for each period for which the payment is received,
(1) the following notice:
NOTICE TO CUSTOMERFor the most recent monthly reporting period under the State of Alaska's power cost equalization program, this utility's actual fuel efficiency for your community was __________________________________ kilowatt-hours a gallon. The applicable fuel efficiency standard set out in regulations for the power cost equalization program is __________________________________ kilowatt-hours a gallon.For the current billing period, the utility will be paid under the State of Alaska's power cost equalization program (AS 42.45.100) to assist the utility and its customers in reducing the high cost of generation of electric energy.Your total electrical service cost $..........Less state equalization $..........Your charge $..........; or (2) a notice approved by the authority that provides electric service customers the same information provided by the notice in (1) of this section.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 3. Power Cost Equalization and Rural Electric Capitalization. › Sec. 42.45.130. Cost minimization.

(a) In order to qualify for power cost equalization, each electric utility shall make every reasonable effort to minimize administrative, operating, and overhead costs, including using the best available technology consistent with sound utility management practices. In reviewing applications for power cost equalization, the commission may require the elimination of unnecessary operating expenses. Each eligible electric utility shall cooperate with appropriate state agencies to implement cost-effective energy conservation measures and to plan for and implement feasible alternatives to diesel generation.
(b) In this section, “energy conservation measures” include weatherization and other insulating methods, utilization of waste heat, appropriate sizing of new generating equipment, and other programs of the state or federal government intended and available for energy conservation.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 3. Power Cost Equalization and Rural Electric Capitalization. › Sec. 42.45.140. Customer petitions.

If the authority receives a petition requesting power cost equalization, signed by at least 25 percent of the customers of an electric utility that is subject to rate regulation under AS 42.05 and that has not applied for power cost equalization under AS 42.45.100 - 42.45.150, the authority shall require the utility to submit a power cost equalization application. Upon a determination of eligibility for power cost equalization, the utility, as a part of its service, shall receive power cost equalization and pass power cost equalization benefits to its customers under AS 42.45.100 - 42.45.150.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 45. Rural and Statewide Energy Programs › Article 3. Power Cost Equalization and Rural Electric Capitalization. › Sec. 42.45.150. Definitions for AS 42.45.100 - 42.45.150.

In AS 42.45.100 - 42.45.150,
(1) “commission” means the Regulatory Commission of Alaska.
(2) “community facility” means a water and sewer facility, public outdoor lighting, charitable educational facility, or community building whose operations are not paid for by the state, the federal government, or private commercial interests;
(3) “eligible electric utility” or “electric utility” means a public, cooperative, or other corporation, company, individual, or association of individuals, and includes the lessees, trustees, or receivers appointed by a court, that
(A) owns, operates, manages, or controls a plant or system for the furnishing, by generation, transmission, or distribution, of electric service to the public for compensation;
(B) during calendar year 1983, had a residential consumption level of power eligible for power cost equalization under former AS 44.83 of less than 7,500 megawatt hours or had a residential consumption level of power eligible for power cost equalization under former AS 44.83 of less than 15,000 megawatt hours if the utility served two or more municipalities or unincorporated communities; and
(C) during calendar year 1984, used diesel fired generators to produce more than 75 percent of the electrical consumption of the utility; an electric utility that is a subsidiary of another electric utility is an “eligible electric utility” if the operations of the subsidiary, considered separately, meet the eligibility requirements of AS 42.45.100 - 42.45.150; if an electric utility did not receive power cost assistance in 1983 but is otherwise eligible for power cost equalization under AS 42.45.100 - 42.45.150, the utility is an “eligible electric utility”;
(4) “power costs” means costs used in determining power cost equalization under AS 42.45.110(a) and (c).