Alaska 2025-2026 Regular Session

Alaska House Bill HB124 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0124a -1- HB 124
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11	11	HOUSE BILL NO. 124
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY REPRESENTATIVE CARRICK
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19	19	Introduced: 3/5/25
20	20	Referred: State Affairs, Finance
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
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27	27	"An Act relating to the Alaska Industrial Development and Export Authority; and 1
28	28	providing for an effective date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 4
31	31	to read: 5
32	32	SHORT TITLE. This Act may be known as the AIDEA Accountability Act. 6
33	33	* Sec. 2. AS 44.88.030(a) is amended to read: 7
34	34	(a) The membership of the authority consists of 8
35	35	(1) the commissioner of revenue and the commissioner of commerce, 9
36	36	community, and economic development; [AND] 10
37	37	(2) four [FIVE] public members appointed by the governor and
38	38	11
39	39	confirmed by a majority of the members of the legislature in joint session, each of 12
40	40	whom has expertise in private sector business or industry, or both, and possesses 13
41	41	demonstrated leadership skills; 14 34-LS0411\A
42	42	HB 124 -2- HB0124a
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45	45	(3) one public member, appointed by the governor and confirmed 1
46	46	by a majority of the members of the legislature in joint session, who represents 2
47	47	an environmental advocacy organization; 3
48	48	(4) one public member, appointed by the president of the senate, 4
49	49	who is a former legislator or meets the qualifications in (2) or (3) of this 5
50	50	subsection; and 6
51	51	(5) one public member, appointed by the speaker of the house of 7
52	52	representatives, who is a former legislator or meets the qualifications in (2) or (3) 8
53	53	of this subsection. 9
54	54	* Sec. 3. AS 44.88.030(c) is amended to read: 10
55	55	(c) Public members of the authority described in (a)(2) - (5) [(a)(2)] of this 11
56	56	section serve staggered three-year [AT THE PLEASURE OF THE GOVERNOR 12
57	57	FOR TWO-YEAR] terms. 13
58	58	* Sec. 4. AS 44.88.050(c) is amended to read: 14
59	59	(c) The authority may appoint persons as officers it considers advisable, 15
60	60	including an executive director, and may employ professional advisors, counsel, 16
61	61	technical experts, agents, and other employees it considers advisable. The executive 17
62	62	director and employees of the authority are in the exempt service under AS 39.25. The 18
63	63	authority shall adopt regulations or bylaws establishing a personnel policy, 19
64	64	including minimum qualifications for the executive director. 20
65	65	* Sec. 5. AS 44.88.080(1) is amended to read: 21
66	66	(1) subject to AS 44.88.225, to sue and be sued; 22
67	67	* Sec. 6. AS 44.88.085(b) is amended to read: 23
68	68	(b) The authority may adopt regulations [UNDER THIS SECTION BY 24
69	69	MOTION OR] by resolution [OR IN ANY OTHER MANNER PERMITTED BY I TS 25
70	70	BYLAWS]. 26
71	71	* Sec. 7. AS 44.88.085(d) is amended to read: 27
72	72	(d) Except as provided in (e) of this section, at least 30 [15] days before the 28
73	73	adoption, amendment, or repeal of a regulation, the authority shall give public notice 29
74	74	of the proposed action by publishing the notice in at least three newspapers of general 30
75	75	circulation in the state and by mailing a copy of the notice to every person who has 31 34-LS0411\A
76	76	HB0124a -3- HB 124
77	77	New Text Underlined [DELETED TEXT BRACKETED]
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79	79	filed a request for notice of proposed regulations with the authority. The public notice 1
80	80	must include a statement of the time, place, and nature of the proceedings for the 2
81	81	adoption, amendment, or repeal of the regulation and must include an informative 3
82	82	summary of the subject of the proposed action. On the date and at the time and place 4
83	83	designated in the notice, the authority shall give each interested person or an 5
84	84	authorized representative of the person, or both, the opportunity to present statements, 6
85	85	arguments, or contentions orally or in writing and shall give each member 7
86	86	[MEMBERS] of the public an opportunity to present oral statements, arguments, or 8
87	87	contentions for not less than two minutes [A TOTAL PERIOD OF AT LEAST ONE 9
88	88	HOUR]. The authority shall consider all relevant matter presented to it before taking 10
89	89	the proposed action on the regulation, and shall publish written responses to public 11
90	90	comments. At a hearing under this subsection, the authority may continue or postpone 12
91	91	the hearing to a time and place determined by the authority and announced at the 13
92	92	hearing before taking the action to continue or postpone the hearing. The authority 14
93	93	shall publish written justification when adopting, amending, or repealing a 15
94	94	regulation. A regulation adopted, amended, or repealed by the authority may vary 16
95	95	from the informative summary specified in this subsection if the subject matter of the 17
96	96	action taken on the regulation remains the same and if the original notice of the 18
97	97	proposed action was written so as to assure that members of the public are reasonably 19
98	98	notified of the subject matter of the proposed action in order for them to determine 20
99	99	whether their interests could be affected by the authority's proposed action on that 21
100	100	subject. 22
101	101	* Sec. 8. AS 44.88 is amended by adding a new section to read: 23
102	102	Sec. 44.88.107. Limit on value of funds and accounts. The aggregate value 24
103	103	of all funds and accounts in the authority may not exceed $500,000,000. On June 30 of 25
104	104	each fiscal year, the amount of unexpended and unobligated money required to reduce 26
105	105	the aggregate value of all funds and accounts in the authority to $500,000,000 lapses 27
106	106	into the general fund. Money that lapses under this section is not payment of a 28
107	107	dividend under AS 44.88.088. 29
108	108	* Sec. 9. AS 44.88 is amended by adding a new section to read: 30
109	109	Sec. 44.88.179. Project oversight. Before agreeing to expend more than 31 34-LS0411\A
110	110	HB 124 -4- HB0124a
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113	113	$10,000,000 on a project, the authority shall 1
114	114	(1) unless the project is to be located in the unorganized borough, 2
115	115	obtain a certified copy of a resolution of the governing body of the political 3
116	116	subdivision of the state, if any, in which the project is to be located, consenting to the 4
117	117	location of the project; the consent need only refer to the general nature of the project; 5
118	118	(2) find, based on all information reasonably available to it, that 6
119	119	(A) the project and its development under this chapter will be 7
120	120	economically advantageous to the state and the general public welfare and will 8
121	121	contribute to the economic growth of the state; 9
122	122	(B) the project applicant, if any, is financially responsible; 10
123	123	(C) provisions to meet increased demand on public facilities 11
124	124	that might result from the project are reasonably assured; 12
125	125	(D) the project will provide or retain employment reasonably 13
126	126	related to the amount of the financing by the authority, if any, considering the 14
127	127	amount of investment for each employee for comparable facilities and other 15
128	128	relevant factors; 16
129	129	(E) the project is economically and financially feasible and able 17
130	130	to produce revenue adequate to repay the bonds or loans, if any, with which it 18
131	131	is financed; and 19
132	132	(F) the project complies with applicable law; 20
133	133	(3) compile and make available to the public a document that 21
134	134	summarizes the projected economic, social, and environmental effects of the project; 22
135	135	and, in conjunction with the Department of Fish and Game, the Department of Natural 23
136	136	Resources, the Department of Environmental Conservation, and the Department of 24
137	137	Labor and Workforce Development, the authority shall conduct a public hearing on 25
138	138	the projected effects of the project; 26
139	139	(4) submit a report that includes the documents and findings required 27
140	140	under (1) - (3) of this section to the senate secretary and the chief clerk of the house of 28
141	141	representatives and notify the legislature that the report is available; and 29
142	142	(5) obtain legislative approval by law. 30
143	143	* Sec. 10. AS 44.88.180(a) is amended to read: 31 34-LS0411\A
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147	147	(a) A member of the authority may not vote on a resolution of the authority 1
148	148	relating to a lease or contract to be entered into by the authority under this chapter if 2
149	149	the member is a party to the lease or contract or has a direct or indirect ownership or 3
150	150	equity interest in a firm, partnership, corporation, or association that may be a party to 4
151	151	the contract or lease. A resolution of the authority that is approved by a majority of the 5
152	152	members who are not barred from voting under this subsection is a valid action of the 6
153	153	authority for all purposes. 7
154	154	* Sec. 11. AS 44.88.205(b) is amended to read: 8
155	155	(b) To further ensure effective budgetary decision making by the legislature, 9
156	156	the authority shall 10
157	157	(1) annually review the authority's assets to determine whether assets 11
158	158	of the authority exceed an amount required to fulfill the purposes of the authority as 12
159	159	defined in this chapter; in making its review, the authority shall determine whether, 13
160	160	and to what extent, assets in excess of the amount required to fulfill the purposes of 14
161	161	the authority during at least the next fiscal year are available without 15
162	162	(A) breaching any agreement entered into by the authority; 16
163	163	(B) materially impairing the operations or financial integrity of 17
164	164	the authority; or 18
165	165	(C) materially affecting the ability of the authority to fulfill the 19
166	166	authority's purposes set out in AS 44.88.070; and 20
167	167	(2) by January 10 of each year, make available to the legislature [BY 21
168	168	JANUARY 10 OF EACH YEAR] a complete accounting of all assets of the authority 22
169	169	and a report of the review and determination made under (1) of this subsection, 23
170	170	submit the accounting and report to the senate secretary and the chief clerk of 24
171	171	the house of representatives, and notify the legislature that the accounting and 25
172	172	report are available; the accounting shall be audited by the auditor who conducts the 26
173	173	audit required by AS 44.88.200 and must include a full description of all loan interest 27
174	174	and principal payments and program receipts, including 28
175	175	(A) loan commitment fees received by or accrued to the 29
176	176	authority during the preceding fiscal year; and 30
177	177	(B) all income earned on assets of the authority during that 31 34-LS0411\A
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181	181	period. 1
182	182	* Sec. 12. AS 44.88.210(a) is amended to read: 2
183	183	(a) By January 10 of each year, the authority shall publish a report for 3
184	184	distribution to the governor, the legislature, and the public, submit the report to the 4
185	185	senate secretary and the chief clerk of the house of representatives, and [. THE 5
186	186	AUTHORITY SHALL] notify the legislature that the report is available. The 6
187	187	authority shall develop performance metrics to evaluate, and the report must 7
188	188	include analysis of, the effect of the authority's activities on job creation, 8
189	189	supported industry growth, financial and technical assistance provided to state 9
190	190	businesses, and private investment increases. The report shall be written in easily 10
191	191	understandable language. The report must include a financial statement audited by an 11
192	192	independent outside auditor, the findings from the authority's annual audit, a 12
193	193	statement of the authority's investments under this chapter, including an appraisal of 13
194	194	the investments at market value, a comparison of the authority's performance with the 14
195	195	goals of the authority and the levels of bonding and investment activities anticipated in 15
196	196	the previous year's report under (b) of this section, a list of all actions taken at each 16
197	197	meeting of the authority since the previous year's annual report, and any other 17
198	198	information the members of the authority believe would be of interest to the governor, 18
199	199	the legislature, and the public. The annual income statement and balance sheet of the 19
200	200	authority shall be published in at least one newspaper in each judicial district. The 20
201	201	authority may also publish other reports it considers desirable to carry out its purpose. 21
202	202	* Sec. 13. AS 44.88.215 is repealed and reenacted to read: 22
203	203	Sec. 44.88.215. Records and information; public records. (a) The records or 23
204	204	information submitted to the authority are public records under AS 40.25.110 - 24
205	205	40.25.220. 25
206	206	(b) Before accepting submission of records or information, the authority shall 26
207	207	require a written waiver acknowledging that the submission is a public record under 27
208	208	AS 40.25.110 - 40.25.220. 28
209	209	* Sec. 14. AS 44.88 is amended by adding a new section to read: 29
210	210	Sec. 44.88.225. Attorney general lawsuit approval. (a) The authority shall 30
211	211	obtain approval in writing from the attorney general before filing a lawsuit. 31 34-LS0411\A
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215	215	(b) If the attorney general approves a lawsuit, the attorney general shall notify 1
216	216	the senate secretary and the chief clerk of the house of representatives of the approval 2
217	217	in writing. The notification must describe the lawsuit and explain the reasons for the 3
218	218	approval. 4
219	219	(c) This section does not require approval from the attorney general for the 5
220	220	authority to respond to a lawsuit filed against the authority. 6
221	221	* Sec. 15. AS 44.88.380 is repealed. 7
222	222	* Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 8
223	223	read: 9
224	224	MEMBERS OF THE ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT 10
225	225	AUTHORITY: TRANSITION. (a) The terms of the members of the Alaska Industrial 11
226	226	Development and Export Authority, other than the commissioner of revenue and the 12
227	227	commissioner of commerce, community, and economic development, expire on the date the 13
228	228	legislature has confirmed at least two members appointed by the governor under (b) of this 14
229	229	section. 15
230	230	(b) Notwithstanding AS 44.88.030(c), as amended by sec. 3 of this Act, members of 16
231	231	the Alaska Industrial Development and Export Authority appointed by the governor under 17
232	232	AS 44.88.030(a), as amended by sec. 2 of this Act, are appointed by the governor to initial 18
233	233	terms as follows: 19
234	234	(1) two members for one year; 20
235	235	(2) two members for two years; 21
236	236	(3) one member for three years. 22
237	237	(c) The president of the senate and the speaker of the house of representatives shall 23
238	238	appoint public members of the Alaska Industrial Development and Export Authority under 24
239	239	AS 44.88.030(a), as amended by sec. 2 of this Act, on or before the 30th day of the First 25
240	240	Regular Session of the Thirty-Fifth Alaska State Legislature. 26
241	241	(d) Nothing in this section prevents the appointment of a person whose term expires 27
242	242	under (a) of this section as a member of the Alaska Industrial Development and Export 28
243	243	Authority if the person meets the qualifications under AS 44.88.030, as amended by secs. 2 29
244	244	and 3 of this Act. 30
245	245	* Sec. 17. This Act takes effect January 1, 2027. 31