reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 1 - International Airports Generally › 17 AAC 42.115 - Unauthorized parking and impound

Current through May 31, 2024
(a) Repealed
				1/7/2016.
(b) Except as provided in
				(c) of this section, the following impound procedure applies to an aircraft or
				vehicle parked in violation of this chapter, an aircraft or vehicle that is
				derelict as described in (h) of this section, and personal property abandoned
				on an airport:
(1) the airport manager shall
				attempt to identify and locate the owner of the vehicIe, aircraft, or personal
				property, and to have the owner of the vehicle, aircraft, or personal property
				remove it;
(2) the manager shall
				attach a warning tag or other written notice to the property that directs the
				owner to pay any fees due, to remove the property by the time and date that the
				manager states on the tag or notice, or to do both, and that states that
				failure to do so will result in impound of the property under this section; the
				time and date stated on the tag or notice may not be less than 48 hours nor
				more than 96 hours after the time and date the tag or notice is attached to the
				property; and
(3) if the owner has
				not timely paid the applicable fees or removed the property as directed on the
				tag or notice, the manager shall attach a tag or other written notice to the
				property stating that the property is impounded under this section and setting
				out the procedures for the owner to obtain the property from impound.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 1 - International Airports Generally › 17 AAC 42.120 - Accidents

Current through May 31, 2024
(a) A lessee, permittee, or concessionaire
				who owns or operates an aircraft involved in an aircraft accident or incident
				on an airport shall report the accident or incident to the airport manager
				within one hour of the accident or incident or as soon as possible
				thereafter.
(b) A lessee,
				permittee, or concessionaire who owns or operates a vehicle involved in an
				accident that occurs on an airport and that involves bodily injury or death or
				property damage to any one person in excess of $500 shall report the accident
				to the airport manager within one hour after the accident or as soon as
				possible thereafter.
(c) If a
				lessee, permittee, or concessionaire is injured or damaged by the state, a
				state employee, or state property on an airport, the person or owner of the
				property, as applicable, shall report the accident to the airport manager
				within one hour after the injury or damage or as soon as possible
				thereafter.
(d) The department may
				seek reimbursement from a person who damages airport property or is otherwise
				responsible for that damage for the department's costs to repair or replace the
				damaged property and for any related costs incurred by the department,
				including legal and administrative costs.
(e) In this section,
(1) "aircraft accident" has the meaning given
				in 49 C.F.R.
				830.2;
(2) "incident" has the meaning given in
				49 C.F.R.
				830.2.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 1 - International Airports Generally › 17 AAC 42.130 - Waiver of rents or fees

Current through May 31, 2024
Except when awarding a lease, permit, or concession under
				  17 AAC 42.300 - 17 AAC 42.395, if
				  the commissioner determines that it is in the best interest of the state to do
				  so, the commissioner will waive or reduce the charge, rent, or fee for
(1) an easement, permit, or right-of-way for
				a public road or a public access way that serves an airport;
(2) a lease, license, easement, right-of-way,
				or permit granted to a government agency for an activity directly related to
				the operation of an airport;
(3) a
				lease or permit for land or building space granted to the Alaska Wing, Civil
				Air Patrol, except for an activity that is typically offered to the public,
				other than Civil Air Patrol members, for a fee;
(4) a lounge for members of the United States
				Armed Forces, the Alaska National Guard, the Alaska Naval Militia, or the
				Alaska State Militia if a person exempt from taxation under
				26 U.S.C.
				501(c) operates the lounge;
				and
(5) a lease or permit for use
				of land by a municipality for community purposes if
(A) contribution of the airport property
				enhances public acceptance of the airport in a community in the immediate area
				of the airport;
(B) community use
				of the land does not adversely affect the capacity, security, safety, or
				operations of the airport;
(C) the
				land would not reasonably be expected to produce fair market revenue to the
				airport at the time that the community use is contemplated and is not
				reasonably expected to be needed for an aeronautical use or airport operations
				in the foreseeable future; and
(D)
				community use would not preclude future use of the property for airport
				purposes if the commissioner concludes such future use would provide greater
				benefits to the airport than continuation of the community use.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 1 - International Airports Generally › 17 AAC 42.135 - Airport planning and programs for FAA compliance

Current through May 31, 2024
If the airport manager determines that it is in the best
				  interest of the state to do so, the manager shall prepare and, as appropriate,
				  revise in conformity with applicable guidance published by the FAA, any manual,
				  plan, or program required by the FAA for eligibility of the airport for federal
				  funds or for participation in a federal aviation program. A manual, plan, or
				  program prepared under this section is an information resource that the manager
				  may consult in making decisions under this chapter, but is not mandatory
				  guidance or a regulation of the department.
A copy of any document prepared under this section for an
					 airport is maintained in the airport manager's office at the respective airport
					 at the address provided in
					 17 AAC 42.005.
Authority:
AS
					 02.15.020
AS 02.15.060
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 1 - International Airports Generally › 17 AAC 42.140 - Airport noise compatibility program

Current through May 31, 2024
(a) If the airport
				manager determines that it is in the best interest of the state and of members
				of the public living or working in areas near the airport that are or may be
				affected by noise from aircraft using the airport, the manager shall develop a
				program to improve compatibility between the operation of those aircraft and
				the surrounding community.
(b) The
				airport manager shall follow the procedures of
				AS
				44.62.180-44.62.290 in developing a noise
				compatibility program under this section and shall forward the program to the
				commissioner for possible adoption by reference in this chapter. A noise
				compatibility program developed by the manager must be approved by the FAA
				under 14 C.F.R.
				150.23, as amended through November 1, 1999,
				before it is forwarded to the commissioner.
Authority:
AS
					 02.15.020
AS 02.15.060
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 1 - International Airports Generally › 17 AAC 42.145 - Airport zoning

Current through May 31, 2024
(a) The commissioner may determine in writing
				that the adoption of zoning for an airport for the purpose of establishing
				appropriate land use is in the best interest of the state. If the commissioner
				makes that determination, the airport manager shall develop a plan of formally
				designated and zoned areas of the airport that complies with the requirements
				of AS
				02.25.010-02.25.110.
(b) An airport zoning plan developed by the
				airport manager under (a) of this section shall provide for the safe,
				effective, and efficient operation and use of the airport and optimize
				development on the airport. The manager shall follow the procedures of
				AS
				44.62.180-44.62.290 in developing the plan
				and shall forward the plan to the commissioner for possible adoption by
				reference in this chapter.
(c) The
				airport manager, in developing airport zoning under this section, shall
				consider sound airport planning and shall ensure compliance with applicable
				federal law and the achievement or maintenance of eligibility to receive
				federal money and to participate in federal aviation programs.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.25.020
AS
					 02.25.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 1 - International Airports Generally › 17 AAC 42.150 - Opportunity to comment

Current through May 31, 2024
(a) The airport manager must notify the
				public in accordance with
				17 AAC 42.400 and provide an
				opportunity to comment before adopting or substantially revising any noise
				compatibility program under
				17 AAC 42.140 or zoning plan under
				17 AAC 42.145.
(b) In addition to the requirements of (a) of
				this section, before developing a zoning plan under
				17 AAC 42.145, the airport manager
				must also conduct a hearing on the plan in accordance with
				AS
				02.25.030.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.200
AS
					 02.25.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.200 - Lease, permit, concession, or other interest for use of airport property

Current through May 31, 2024
(a)
				Except as otherwise provided in (b) and (c) of this section,
				17 AAC 42.200 -
				17 AAC 42.297 apply to a lease,
				permit, concession, or other interest for use of airport property.
(b) The provisions of
				17 AAC 42.200 -
				17 AAC 42.297 do not apply to
(1) a commercial passenger vehicle permit
				under 17 AAC 42.095;
(2) a vehicle rental business permit under
				17 AAC 42.100;
(3) a business activity permit under
				17 AAC 42.105;
(4) a tiedown permit under
				17 AAC 42.500 -
				17 AAC 42.599 or
				17 AAC 42.600 -
				17 AAC 42.699;
(5) a transient aircraft parking permit under
				17 AAC 42.035; or
(6) a first amendment activity permit under
				17 AAC 42.800 -
				17 AAC 42.840.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.205 - Competitive offering of a lease, permit, concession, or other interest

Current through May 31, 2024
(a)
				Except as provided in (b) and (c) of this section, the airport manager shall
				competitively offer a lease, permit, concession, or other interest to the
				public if
(1) the manager receives more than
				one approvable application for the same property or interest and same class of
				use before providing public notice under
				17 AAC 42.215(d)
				with respect to the property or interest;
(2) the manager receives more than one
				approvable application for the same property or interest and same class of use
				by the date set under
				17 AAC 42.215(d)
				if the manager provided public notice under
				17 AAC 42.215(d);
(3) the manager determines that it is in the
				best interest of the state to offer the interest competitively;
(4) the lease, permit, concession, or other
				interest includes a grant of an exclusive right; or
(5) applicable law requires that the interest
				be offered competitively.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.210 - Application for or material amendment to a lease, permit, concession, or other interest

Current through May 31, 2024
(a) A person seeking a lease, permit,
				concession, or other interest for use of airport property or seeking a material
				amendment to an interest the person already holds may submit an application
				under this section. The person must submit the application in writing to the
				airport manager and must include
(1) a
				description of the property or interest requested;
(2) a description of the proposed activity or
				business and, if the person proposes a business use, the applicant's business
				plan;
(3) a description, site plan,
				cost estimate, and method of financing for the proposed improvements;
(4) a list of any aircraft that the applicant
				intends to base on the airport;
(5)
				any application fee established under
				17 AAC 42.125; and
(6) the length of term or extension
				requested.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.215 - Consideration of application for lease, permit, concession, material amendment, or other interest

Current through May 31, 2024
(a) The airport
				manager shall review an application for a lease, permit, concession, material
				amendment, or other interest submitted under
				17 AAC 42.040 or
				17 AAC 42.210 and determine
				whether the application is approvable subject to public notice and comment
				under 17 AAC 42.400.
(b) An application that does not qualify for
				consideration without competition under
				17 AAC 42.205(b)
				is approvable subject to public notice and comment under
				17 AAC 42.400, unless
(1) the proposed use is prohibited by or
				inconsistent with
(A) the state's obligations
				under revenue bonds issued under
				AS
				37.15.410-37.15.550 or a covenant running
				with the airport land;
(B) an
				exclusive right granted by the department to another person;
(C) sound airport planning or considerations
				of security, safety, maintenance, or operation of the airport;
(D) the applicable provisions of this chapter
				and of any other statute or regulation, including any relating to noise or
				airport land use; or
(E) any
				applicable FAA grant assurance incorporated by reference under
				17 AAC 42.010(d);
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.220 - Lease, permit, concession, or other interest term limitations

Current through May 31, 2024
(a) The maximum
				period for the term of a lease, permit, concession, or other interest,
				including extensions and periods of holdover, relating to an airport is 55
				years.
(b) Before the airport
				manager approves or extends the term of a lease, permit, concession, or other
				interest for a non-aeronautical use of a premises that the manager has
				determined in writing will be needed for an aeronautical use or for airport
				development in the future, the manager shall first estimate when the premises
				will likely be needed for aeronautical use or airport development. A term or a
				term extension for a non-aeronautical use of those premises may not run beyond
				the time that the manager estimates the premises will become needed for an
				aeronautical use or for airport development.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS
					 02.15.210
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.225 - Land lease term or term extension

Current through May 31, 2024
(a) This section
				does not apply to a land lease or to an extension of an existing land lease if
				the lessee is a government agency.
(b) In setting or extending the term for a
				land lease, the airport manager shall consider
(1) the applicant's actual or proposed
				development and use of the premises;
(2) sound airport planning and anticipated
				needs for security, safety, maintenance, and operation of the
				airport;
(3) future development
				needs of the airport;
(4)
				applicable covenants running with the land and restrictions in the state's
				title to airport property;
(5) the
				amount of investment, purchase price, fair market value, useful life, or
				remaining useful life of permanent improvements documented in the application,
				as applicable;
(6) the applicant's
				plan for remediation of any environmental contamination if the applicant did
				not cause or materially contribute to the contamination; and
(7) the proposed method and terms of
				financing the applicant's investment; and
(8) the best interest of the state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.230 - Documentation of costs, purchase price, opinion of useful life or remaining useful life, or fair market value of permanent improvements

Current through May 31, 2024
(a) If an applicant
				or lessee requests a lease term for a new lease or an extension of an existing
				lease based on
(1) costs the applicant or
				lessee incurred for matters described in
				17 AAC 42.225(c) (1), the applicant or lessee must document
				those costs, excluding financing costs, in
(A)
				a statement of project costs signed by the contractor who performed the
				work;
(B) a statement of project
				costs signed by a certified public accountant;
(C) a copy of a contractor payment schedule
				specific to the project;
(D) a
				notarized affidavit signed by the applicant or lessee attesting to the project
				costs, with an itemized listing of site costs and copies of invoices reflecting
				payment of those costs; or
(E) if
				the information described at (A) - (D) of this paragraph is not available as
				evidence of the cost, an estimate of project costs prepared and signed by a
				contractor or an architect or engineer registered under AS 08.48 or a general
				real estate appraiser certified under AS 08.87; this estimate must reflect
				costs as of the date of construction completion and must include cost data to
				support the estimate;
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.235 - Permit, concession, building lease, or government agency land lease term or term extension

Current through May 31, 2024
The airport manager shall set the term or term extension for
				  a permit, concession, building lease, or government agency land lease based on
				  the following considerations:
(1) the
				applicant's actual or proposed development and use of the premises;
(2) sound airport planning and anticipated
				needs for security, safety, maintenance, and operations of the
				airport;
(3) future development
				needs of the airport;
(4)
				applicable covenants and restrictions in the state's title to airport
				property;
(5) the applicant's
				actual or proposed investment in permanent improvements and site
				development;
(6) the needs of a
				government agency applicant; and
(7) the best interest of the state.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.090
AS
					 02.15.210
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.240 - Agreement to complete construction or remediation

Current through May 31, 2024
(a) If the airport
				manager grants a lessee, permittee, or concessionaire a lease term or lease
				term extension based on proposed construction or remediation on the premises,
				the lessee, permittee, or concessionaire must agree to complete the
				construction or remediation within the following periods:
(1) in the case of construction, the time
				that the manager sets in the lease, permit, or concession; the time set may not
				exceed two years unless the lessee shows to the airport manager's satisfaction
				that a longer period of time is required considering the cost, type, and
				phasing of construction and any required remediation under
				17 AAC 42.225(b) (6) and that granting a longer period of time
				to complete the construction or remediation is not inconsistent with the best
				interest of the state; or
(2) in
				the case of remediation, the time set in a remediation plan that the lessee,
				permittee, or concessionaire submits under
				17 AAC 42.225(b) (6) and that the manager approves.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.245 - Disposition of permanent improvements on a land lease

Current through May 31, 2024
(a) Unless
				otherwise provided in the applicable land lease or in another written agreement
				between the department and the lessee, permanent improvements that a lessee has
				constructed or purchased on the premises, but not site development materials,
				are the lessee's property as long as the lease remains in effect, including any
				period of extension or holdover with consent of the department.
(b) Unless otherwise provided in a land lease
				or the airport manager otherwise directs under (f) of this section, at the
				expiration, cancellation, or termination of a lease that is neither extended
				nor followed by a successor lease to the same lessee, the departing lessee may
				do one or more of the following:
(1) remove
				lessee-owned permanent improvements from the premises and restore the premises
				to a clean and neat physical condition acceptable to the manager within 60 days
				after the expiration, cancellation, or termination date of the lease;
(2) sell lessee-owned permanent improvements
				to the succeeding lessee, remove all personal property, remediate any
				contamination, and leave the premises in a clean and neat physical condition
				acceptable to the manager within 60 days after notice from the manager that the
				manager has approved an application for a lease of the premises by another
				person or such longer period specified in the notice, but in no event more than
				180 days after the expiration, termination, or cancellation date of the
				lease;
(3) elect to have the
				manager sell lessee-owned permanent improvements at public auction under (c)
				and (d) of this section.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.250 - Disposition of removable improvements on a building lease or concession

Current through May 31, 2024
(a)
				This section applies to building leases on the airport and on-airport
				concessions.
(b) Unless the
				applicable building lease or concession or other written agreement between the
				department and the building lessee or concessionaire provides otherwise,
				improvements that the building lessee or concessionaire constructs or purchases
				on the premises and that the airport manager determines can be removed without
				material damage to a state-owned building or land remain the lessee's or
				concessionaire's property while the building lease or concession remains in
				effect, including any period of extension or holdover with the consent of the
				airport manager.
(c) Unless the
				applicable building lease or concession provides otherwise, at the expiration,
				termination, or cancellation of the building lease or concession, the airport
				manager shall take one or more of the following actions with respect to the
				departing building lessee's or concessionaire's improvements that can be
				removed without material damage to the building or land:
(1) allow the departing building lessee or
				concessionaire to sell those improvements to a succeeding lessee or
				concessionaire of the premises, remove all personal property, remediate any
				contamination, and leave the premises in a clean and neat physical condition
				acceptable to the manager within 60 days after notice from the manager that the
				manager has approved an application for a lease of the premises to another
				person or by such earlier date stated in the notice, but in no event more than
				100 days after the expiration, termination, or cancellation date of the lease
				or concession;
(2) allow or direct
				the departing building lessee or concessionaire to remove those improvements,
				remediate, consistent with applicable law, any contamination the departing
				lessee or concessionaire caused, materially contributed to, or assumed under an
				assignment, and restore the premises to a clean and neat physical condition
				acceptable to the manager; or
(3)
				allow the departing building lessee or concessionaire to transfer to the
				department, with or without payment of consideration, title to those
				improvements, remove all personal property, remediate any contamination, and
				leave the premises in a clean and neat physical condition acceptable to the
				manager.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.255 - Condemnation of leasehold or improvements

Current through May 31, 2024
(a) This section
				applies to the taking by negotiation, court action, or otherwise of all or a
				part of a premises by any entity or person vested with the power of eminent
				domain, including the department.
(b) If all of a premises is taken,
(1) the lease, permit, or concession and all
				rights of the lessee, permittee, or concessionaire in the premises terminate as
				of the date of taking and the rent payable will be adjusted so that rent is due
				only until the date that the lessee, permittee, or concessionaire is required
				to surrender possession of the entire premises; and
(2) the department is entitled to all payment
				made for the taking, except for any amount paid as the fair market value of the
				permanent improvements owned by the lessee, permittee, or
				concessionaire.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.260 - Assignment

Current through May 31, 2024
(a) This section applies to an assignment of
				an interest in a lease, permit, or concession other than an assignment for
				security purposes. For purposes of this section, any single or cumulative
				transfer of more than 50 percent interest in a partnership, limited liability
				company, or corporation that holds a lease, permit, or concession is an
				assignment of an interest subject to approval under this section.
(b) Unless the lease, permit, or concession
				expressly provides otherwise, a lessee, permittee, or concessionaire may not
				assign all or a portion of a lease, permit, or concession, including
				improvements, without the prior written consent of the airport manager under
				17 AAC 42.275. An assignment made
				contrary to the requirements of this section and
				17 AAC 42.275 is void.
(c) A request to the airport manager for
				consent to an assignment must be submitted in writing and must include
(1) the name, address, and telephone contact
				number for the proposed assignee;
(2) a description of the premises to be
				assigned;
(3) a description of the
				proposed assignee's intended use of the premises;
(4) financial and other information about the
				proposed assignee establishing the proposed assignee's ability to carry out the
				financial and other obligations under the lease, permit, or concession;
				and
(5) three originals of the
				executed assignment documents with notarized signatures of the assignor and
				proposed assignee.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.265 - Assignment for security purposes

Current through May 31, 2024
(a) This section
				applies to an assignment of an interest in a lease, permit, or concession for
				security purposes.
(b) Unless the
				lease, permit, or concession expressly provides otherwise, a lessee, permittee,
				or concessionaire may not assign for security purposes all or a portion of or
				any interest in a lease, permit, or concession, including improvements, without
				the prior written consent of the airport manager under
				17 AAC 42.275. An assignment for
				security purposes made contrary to the requirements of this section and
				17 AAC 42.275 is void.
(c) A request for consent to an assignment
				for security purposes must be submitted to the airport manager in writing and
				must include
(1) the name, address, and
				telephone contact number for the proposed assignee;
(2) three originals of the executed
				assignment documents with notarized signatures of the assignor and proposed
				assignee; and
(3) one copy of any
				deed of trust, promissory note, or other document that is a part of the
				security assignment transaction.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.270 - Sublease

Current through May 31, 2024
(a) Unless the lease, permit, or concession
				expressly provides otherwise, a lessee, permittee, or concessionaire may not
				sublease all or a portion of a lease, permit, or concession premises without
				the prior written consent of the airport manager under
				17 AAC 42.275. A sublease made
				contrary to the requirements of this section and
				17 AAC 42.275 is void.
(b) A request for consent to a sublease must
				be submitted in writing and must include
(1)
				the name, address, and telephone contact number of the proposed
				sublessee;
(2) a description of
				property to be subleased;
(3) a
				description of the proposed sublessee's intended use of the premises;
(4) the expiration date of the sublease;
				and
(5) three originals of the
				executed sublease documents with notarized signatures of the sublessee and the
				sublessor.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.275 - Approval or denial of an assignment, assignment of security interest, or sublease

Current through May 31, 2024
(a) This section
				applies to approval or denial of a request for consent to an assignment under
				17 AAC 42.260, an assignment for
				security purposes under
				17 AAC 42.265, or a sublease under
				17 AAC 42.270.
(b) The airport manager shall consent to a
				request to assign or sublease all or a portion of a lease, permit, or
				concession if the manager determines that
(1)
				the proposed assignee has demonstrated acceptable financial
				responsibility;
(2) the proposed
				assignee or sublessee has demonstrated its ability to perform under the lease,
				permit, or concession;
(3) denial
				of the request is not required under
				17 AAC 42.010(g)
				with respect to either party to the assignment or sublease;
(4) the assignment or sublease would provide
				the proposed assignee or sublessee with no greater rights, privileges, or
				authorities than those granted in the lease, permit, or concession being
				assigned or subleased;
(5) the
				proposed assignee's or sublessee's proposed use of the premises is authorized
				by the lease, permit, or concession being assigned or subleased;
(6) the terms and conditions of the proposed
				assignment or sublease adequately recognize and protect the department's
				interests under the lease, permit, or concession;
(7) the assignment or sublease is in the best
				interest of the state;
(8) the
				sublease or assignment is authorized under the lease, permit, or concession;
				and
(9) the premises subject to the
				assignment or sublease, when combined with the premises subject to other
				leases, permits, or concessions on the airport held by the assignee or
				sublessee, will not
(A) exceed the proposed
				assignee's or sublessee's needs, including reasonable future expansion;
				or
(B) result in the monopolization
				of an aeronautical use held by the proposed assignee or sublessee on the
				airport.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.280 - Airport building permit

Current through May 31, 2024
(a) A lessee,
				permittee, or concessionaire may not clear, excavate, core, or fill land or
				construct, install, remodel, remove, or demolish temporary or permanent
				improvements on a premises without first obtaining an airport building
				permit.
(b) To obtain an airport
				building permit, an applicant must submit to the airport manager
(1) an application for an airport building
				permit on an airport form;
(2) at
				least two sets of plans and specifications for the proposed project in
				sufficient detail for the airport manager to understand and evaluate the
				project and its scope; and
(3) a
				boundary survey of the premises, incorporating any boundary changes previously
				approved by the manager, if
(A) the premises
				is the subject of a land lease or of a permit or building lease that grants use
				and occupancy of an area of airport land; and
(B) such a survey is not already on file with
				the manager at the date the lessee, permittee, or concessionaire files the
				building permit application.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.285 - Airport boundary crossing permit

Current through May 31, 2024
(a) Except as
				provided in an airport boundary crossing permit issued by the airport manager
				under this section or as provided in (n) of this section, a person shall not
(1) drive a vehicle across an airport
				boundary on anything other than a public road, trail, or way provided for that
				purpose; or
(2) taxi an aircraft
				across an airport boundary.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.290 - Property survey

Current through May 31, 2024
(a) A lessee, permittee, or concessionaire
				shall, unless otherwise stated in the lease, permit, or concession,
(1) provide to the airport manager a boundary
				survey plat of each airport lot or other land area described in the lease,
				permit, or concession as part of the premises, incorporating any boundary
				changes approved by the manager, if
(A) a
				boundary survey is required in conjunction with the filing of a building permit
				under 17 AAC 42.280; or
(B) the manager approves a lessee's,
				permittee's, concessionaire' requested change in the premises boundary;
				and
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.295 - Rent adjustment

Current through May 31, 2024
(a) Unless otherwise specified in a lease,
				permit, or concession and subject to (b) of this section, the airport manager
				shall adjust the rent for a lease, permit, or concession if applying the
				applicable rental rate in the fee schedule established under
				17 AAC 42.125 results in an
				increase or decrease in the rent for that lease, permit, or
				concession.
(b) The airport manager
				may not adjust the rent for a lease, permit, or concession under (a) of this
				section more often than once in a twelve month period and may not adjust the
				rent for a lease, permit, or concession with a term of more than 10 years
				during the first five years of that term.
(c) Unless otherwise specified in a lease,
				permit, or concession and subject to (d) and (e) of this section, in making a
				rent adjustment for a premises the airport manager shall
(1) determine the new rate applicable to the
				lease, permit, or concession under the fee schedule established under
				17 AAC 42.125;
(2) establish the effective date of the rent
				adjustment; the effective date may not be earlier than 30 days after the date
				of the manager's notice of rent adjustment under (3) of this subsection;
				and
(3) send to the lessee,
				permittee, or concessionaire a written rent adjustment notice that identifies
				the lease, permit, or concession that is the subject of the rent adjustment,
				the amount of the adjusted rent, the effective date of the adjustment, and the
				procedure for protesting the rent adjustment.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.300 - Competitive award

Current through May 31, 2024
(a) The airport manager shall award a lease,
				permit, or concession by competitive means
(1)
				when this chapter or other applicable law requires;
(2) if the lease, permit, or concession is
				for an exclusive right; or
(3) when
				the manager determines in writing that competitive award is in the best
				interest of the state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.303 - Sealed bid

Current through May 31, 2024
(a) If the airport manager offers a lease,
				permit, or concession by sealed bid, the manager shall provide public notice of
				the invitation to bid in accordance with
				17 AAC 42.400 and provide a copy
				of the invitation to bid to each person who requests a copy. An invitation to
				bid must state the requirements and instructions for submitting a
				bid.
(b) The airport manager shall
				set a bid opening date that is no earlier than 30 days after the date that the
				notice is first published or posted. The notice must include
(1) a summary of the lease, permit, or
				concession being offered, including the length or range of term and a
				description of the premises;
(2)
				the date, time, and place for any pre-bid conference;
(3) the last date and time and the place for
				bid submission;
(4) the date, time,
				and place of public bid opening;
(5) any bidder qualifications; and
(6) instructions for obtaining a copy of the
				invitation to bid.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.306 - Bid deposit

Current through May 31, 2024
(a) The airport manager may require that each
				bidder submit with the bidder's sealed bid a deposit in an amount and form the
				manager determines appropriate to ensure that the successful bidder will
				execute the lease, permit, or concession. The deposit amount may not exceed the
				manager's estimate of one year's rents and fees payable under the lease,
				permit, or concession to be awarded. The manager shall specify in the
				invitation to bid the deposit amount and form and how the deposit will be
				applied.
(b) If the successful
				bidder does not within the required time sign the lease, permit, concession, or
				any other required document or perform any other requirement contained in the
				invitation to bid, the bidder forfeits the deposit as liquidated damages for
				the lost benefit to and related additional costs incurred by the department.
				However, the bidder does not forfeit the deposit if the airport manager finds
				that the bidder's failure is excused by extraordinary circumstances beyond the
				bidder's control. After the manager has awarded and executed the lease, permit,
				or concession, the manager shall return the deposit of each unsuccessful
				bidder. The manager shall return all bid deposits if the manager rejects all
				bids or cancels the invitation to bid.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.309 - Bid withdrawal; sealed bids

Current through May 31, 2024
(a) A bidder may
				withdraw the bidder's sealed bid only by written request delivered to the
				airport manager at the designated place for submitting bids and before the last
				time and date set for bid submission. A request to withdraw a bid received by
				the manager after the last date and time set for bid submission is late and may
				not be accepted unless the delay was due to an error of the
				department.
(b) A bidder may submit
				a new bid after withdrawal of a bid if the new bid is received at the
				designated place by the last date and time specified in the invitation to bid
				or in an addendum to the invitation.
(c) The airport manager may not open any bid
				before the last date and time set for public bid opening under
				17 AAC 42.303(b) (4).
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.312 - Cancellation or postponement of bid opening

Current through May 31, 2024
The airport manager shall cancel or postpone a bid opening if
				  the manager determines in writing that cancellation or postponement is in the
				  best interest of the state. The manager shall give reasonable notice of the
				  cancellation or postponement to all persons of record to whom the manager
				  provided a copy of the invitation to bid.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.315 - Bid opening; notice of intent to award

Current through May 31, 2024
(a) The opening of
				sealed bids is open to the public. At the opening of sealed bids, the airport
				manager shall open each bid, announce the name of the bidder and the amount of
				the bid, and identify the bid that appears to be the highest among the bids
				received.
(b) Before issuing a
				notice of intent to award, the airport manager shall
(1) review each bid to determine its
				conformity with the bid requirements and instructions;
(2) determine the high bidder among the
				qualified bidders who submitted responsive bids; and
(3) determine whether the high bidder
				identified under (2) of this subsection is responsible and, if not, determine
				which qualified bidder submitted the highest responsive bid that was submitted
				by a responsible bidder.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.318 - Nonresponsive bids

Current through May 31, 2024
The airport manager shall reject a bid as nonresponsive if
				  the bidder submits more than one bid under the same or different names or if
				  the bid
(1) is submitted late or to
				the wrong place, unless the manager determines that the bid was received before
				the last date and time set for bid submission and that the delay or incorrect
				place of bid submission was due to an error of the department;
(2) does not include the required bid
				deposit;
(3) is not validly
				signed;
(4) is illegible;
(5) is not submitted in a sealed
				package;
(6) fails to acknowledge
				all material addenda the manager has issued;
(7) offers an alternative compensation
				formula that the invitation to bid does not allow;
(8) does not conform in all material respects
				to the invitation to bid; or
(9) is
				conditional.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 3 - Competitive Award › 17 AAC 42.321 - Nonresponsible bidders; sealed bids

Current through May 31, 2024
After opening sealed bids, the airport manager shall reject a
				  bid if the manager determines in writing that the bidder is not responsible
				  under 17 AAC 42.390 or because the
				  bidder
(1) is in violation of a
				provision of AS 02, 17 AAC 40 in effect before March 28, 2002, 17 AAC 45, or
				this chapter;
(2) is in violation
				of a material term of a contract with the department;
(3) is in arrears on a rental payment or
				other material financial obligation to the department;
(4) is in default of a material obligation
				under any lease, permit, or concession that the department has issued for any
				property or activity at any airport that the department owns, operates, or
				otherwise controls;
(5) fails
				timely to establish financial responsibility acceptable to the
				manager;
(6) fails timely to meet
				the bidder qualification requirements; or
(7) fails timely to provide sufficient
				information to determine the responsibility of the bidder.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS
					 02.15.090