HB 7

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                                       HOUSE BILL NO. 7
                     IN THE LEGISLATURE OF THE STATE OF ALASKA
                     THIRTY-FOURTH LEGISLATURE - FIRST SESSION
 BY REPRESENTATIVES MCCABE, Underwood, Rauscher
 Introduced: 1/22/25
 Referred: Transportation, Finance
                                           A BILL
                                     FOR AN ACT ENTITLED
1  "An Act relating to the Port of Southcentral Alaska; establishing the Port of
2  Southcentral Alaska Authority to manage and operate the Port of Southcentral Alaska;
3  and providing for an effective date."
4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
6  to read:
7LEGISLATIVE FINDINGS AND INTENT. The legislature finds that it is in the best
8 interests of the state to create an authority with the powers, duties, and functions needed to
9 operate the Port of Southcentral Alaska in Anchorage and manage its seaport, rail, industrial,
10 and other properties in the best interests of the people of the state and to ensure that the
11 authority is exclusively responsible for managing the financial and legal obligations of the
12 Port of Southcentral Alaska. The legislature considers the continued operation of the Port of
13 Southcentral Alaska by the authority as provided in this Act an essential government function
14 of the state.
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1  * Sec. 2. AS 30 is amended by adding a new chapter to read:
2Chapter 19. Port of Southcentral Alaska Authority.
3Article 1. Establishment and Organization.
4Sec. 30.19.010. Creation of authority. The Port of Southcentral Alaska
5Authority is created. The authority is a public corporation of the state and a body
6corporate and is an instrumentality of the Department of Commerce, Community, and
7Economic Development, but with separate and independent legal existence.
8Sec. 30.19.020. Board of directors. (a) The powers of the authority are vested
9in the board of directors. The board consists of
10(1)     the commissioner of commerce, community, and economic
11development;
12(2) the commissioner of transportation and public facilities; and
13(3) seven public members appointed as follows:
14(A) one member who has experience as an executive official of
15an entity that is deemed a citizen of the United States under 46 U.S.C. 50501
16(sec. 2, Shipping Act, 1916) engaged in the transport of merchandise in the
17United States coastwise trade and who is a resident of the state, appointed by
18the governor;
19(B) one member appointed by the speaker of the house of
20representatives;
21(C) one member appointed by the president of the senate;
22(D) one member appointed by the mayor of the Municipality of
23Anchorage;
24(E) one member appointed by the Anchorage Assembly;
25(F) one member appointed by the mayor of the Matanuska-
26Susitna Borough;
27(G) one member appointed by the Matanuska-Susitna Borough
28Assembly.
29(b) The board members appointed under (a)(3) of this section must have the
30following qualifications:
31(1) one member must have at least five years of experience in port
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1management; a person who is not a resident of the state may be appointed under this
2paragraph;
3(2) either the member appointed under (a)(3)(B) of this section or the
4member appointed under (a)(3)(C) of this section must have at least five years of
5experience as an owner or manager of a business in the state.
6(c) The board members appointed under (a)(3) of this section serve three-year
7terms.
8(d)   If a vacancy occurs in the membership of the board, the appointing
9authority shall appoint a member for the unexpired portion of the term.
10(e) The board shall create staggered terms for members in its first organizing
11meeting.
12Article 2. Management.
13Sec. 30.19.100. Management by board. The board is responsible for the
14management of the authority but shall delegate certain powers and duties to the chief
15executive officer under AS 30.19.120. In managing the authority, the board shall
16(1) manage the financial and legal obligations of the authority;
17(2) generally manage the authority on a self-sustaining basis;
18(3) apply to the legislature for an appropriation with the concurrence of
19the governor to be used to provide a particular service or project that is not otherwise
20self-sustaining if a subsidy is required to maintain that service or project;
21(4) provide for safe, efficient, and economical transportation to meet
22the overall needs of the state;
23(5) raise needed capital by issuing revenue bonds of the authority upon
24approval by the legislature while ensuring that borrowing by the authority does not
25directly or indirectly endanger the state's own borrowing capacity;
26(6)   ensure that the procurement procedures of the authority meet
27accepted industry standards;
28(7)   ensure that the accounting procedures of the authority meet
29generally accepted accounting principles consistent with industry standards for
30comparable authorities;
31(8) consider the effect on port users and shippers and make good faith
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1efforts to reach a consensus among affected port users before implementing a funding
2plan for a physical change, improvement, or modification to the port that requires
3funding, in whole or in part, from affected port users; a change, improvement, or
4modification under this paragraph must be made with the expectation, consistent with
5precedent, that the funding be borne solely by the port users whose operations directly
6benefit from the change, improvement, or modification;
7(9) approve any tariff, surcharge, or fee assessed against a user of the
8port.
9Sec. 30.19.110. Executive officer. The board shall appoint a chief executive
10officer of the authority who serves at the pleasure of the board. The board shall set
11compensation for the chief executive officer.
12Sec. 30.19.120. Delegation. The board shall by rule delegate powers and
13duties to the chief executive officer.
14Article 3. Administrative Provisions.
15Sec. 30.19.150. Meetings of board. (a) The chair of the board shall call
16meetings of the board. The chair shall preside at meetings.
17(b) Except for executive sessions, the meetings of the board are public. The
18board shall provide by rule for a method of providing reasonable notice to the public
19of its meetings.
20(c) The board shall keep minutes of each meeting.
21Sec. 30.19.160. Quorum and voting. (a) Five members of the board constitute
22a quorum for the transaction of business.
23(b) Five affirmative votes are required for board action. The board shall
24provide by rule for the manner of voting. The rules may provide for voting and
25conferring by electronic media. A meeting held by electronic media has the same legal
26effect as a meeting held in person.
27Sec. 30.19.170. Executive sessions. The question of whether to hold an
28executive session shall require a quorum and at least five affirmative votes. The board
29shall set by rule the actions that may be taken at executive session.
30Sec. 30.19.180. Rules. (a) The board shall adopt rules to carry out its functions
31and the purposes of this chapter.
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1(b) The board shall establish in the bylaws of the authority a procedure for the
2adoption of a rule on an emergency basis.
3(c) Adoption of a rule is not subject to (a) or (b) of this section if the rule
4(1) relates only to the internal management of the authority;
5(2) relates to a specific rate, tariff, division, or contract rate agreement;
6(3) is directed to a specifically named person or group of persons and
7does not apply to the general public; or
8(4) relates to the use of public works under the jurisdiction of the
9authority and the effect of the rule is indicated to the public by means of signs or
10signals.
11(d) The board shall adopt rules relating to conflicts of interest.
12Article 4. Powers and Duties.
13Sec. 30.19.200. General powers. In addition to the exercise of other powers
14authorized by law, the authority may
15(1) adopt a seal;
16(2) adopt bylaws governing the business of the authority;
17(3) sue and be sued;
18(4)   appoint trustees and agents of the authority and prescribe the
19powers and duties of a trustee or agent;
20(5) hire legal counsel to represent the authority;
21(6) make contracts and execute instruments necessary or convenient in
22the exercise of its powers and duties;
23(7) acquire by purchase, lease, bequest, devise, gift, exchange, the
24satisfaction of debts, the foreclosure of mortgages, or otherwise, personal property,
25rights, rights-of-way, franchises, easements, and other interests in land, and acquire by
26appropriation water rights that are located in the state, taking title to the property in the
27name of the authority;
28(8) hold, maintain, use, operate, improve, lease, exchange, donate,
29convey, alienate, encumber, or otherwise grant a security interest in, or authorize use
30or dispose of, land or personal property, subject to other provisions of this chapter;
31(9) contract with and accept transfers, gifts, grants, or loans of funds or
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1property from the United States and the state or its political subdivisions, subject to
2other provisions of federal or state law or municipal ordinances;
3(10)     undertake and provide for the management, operation,
4maintenance, use, and control of all property of the authority;
5(11) recommend to the legislature and the governor any tax, financing,
6or financial arrangement the authority considers appropriate for expansion or
7extension and operation of the port;
8(12) maintain offices and facilities at places the authority designates;
9(13) apply to the state, the United States, and other proper agencies for
10a permit, license, right-of-way, or approval necessary to construct, maintain, and
11operate port services, and obtain, hold, and reuse a license or permit in the same
12manner as other ports;
13(14) prescribe rates to be charged for services and establish port tariffs;
14(15) enter into contracts, leases, and other agreements concerning the
15services, activities, operations, property, and facilities of the authority;
16(16) plan for and undertake replacement of port and rail facilities;
17(17) hire and discharge personnel and determine benefits and other
18terms and conditions of employment;
19(18) assume all rights, liabilities, and obligations of the port as the port
20previously existed as an enterprise of the Municipality of Anchorage;
21(19) maintain a security force to enforce municipal ordinances, state
22laws, and the authority's rules with respect to violations that occur on or to property
23owned or managed by the authority;
24(20)   upon approval by the legislature under AS 30.19.230, issue
25revenue bonds and provide for and secure payment of bonds, provide for the rights of
26bondholders, hold or dispose of bonds, purchase the authority's bonds at a price not
27more than the principal amount of a bond plus interest, cancel bonds of the authority
28purchased by the authority, or secure the payment of its bonds by pledge, mortgage, or
29other lien on its contracts, revenue, income, or property;
30(21) consent to the modification of the rate of interest, time of payment
31of an installment of principal or interest, or other term of a loan, contract, or
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1agreement to which the authority is a party;
2(22)   borrow money, including the amounts necessary to establish
3reasonable reserves, and pay financing charges and interest on bonds for a reasonable
4period after which the authority estimates other money will be available to pay the
5interest, consultant, advisory, and legal fees, and other expenses necessary or incident
6to borrowing;
7(23) acquire, hold, and dispose of stocks, memberships, contracts,
8bonds, general or limited partnership interests, or other interests in another
9corporation, association, partnership, joint venture, or other legal entity, and exercise
10the powers or rights in connection with these interests that are provided in contracts or
11agreements and that are allowed by law concerning the satisfaction of debts;
12(24)    undertake and provide for the acquisition, construction,
13maintenance, equipping, and operation of port and rail facilities;
14(25) enter into agreements with a state agency or other instrumentality
15or political subdivision of the state;
16(26) apply for and receive grant funding; and
17(27) do all things necessary or desirable to carry out the powers and
18duties of the authority granted or necessarily implied in this chapter or other laws of
19the state or the laws or regulations of the federal government.
20Sec. 30.19.210. Annual report. Following the fiscal year of the authority, the
21board shall deliver a report describing the operations and financial condition of the
22authority during the preceding fiscal year to the governor and to the senate secretary
23and chief clerk of the house of representatives and notify the legislature that the report
24is available.
25Sec. 30.19.220. Audits. The board shall have the financial records of the
26authority audited annually.
27Sec. 30.19.230. Legislative approval required. Unless the legislature
28approves the action by law, the authority may not
29(1) exchange, donate, sell, or otherwise convey its entire interest in
30land;
31(2) issue bonds; or
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1(3) lease land for a period of more than 35 years; this paragraph does
2not apply if the lease agreement reserves the right of the authority to terminate the
3lease should the land become needed for authority purposes.
4Sec. 30.19.240. Long-range capital improvement and program plan. The
5authority shall prepare, and the board shall adopt, an annual long-range capital
6improvement and program plan.
7Sec. 30.19.250. Use of authority assets. The authority shall apply all money,
8property, other assets, and credit of the authority toward activities authorized by this
9chapter.
10Sec. 30.19.260. Indemnification. (a) The authority may defend and indemnify
11a current or former member of the board, employee, or agent of the authority against
12all costs, expenses, judgments, and liabilities, including attorney fees, incurred by or
13imposed on that person in connection with a civil or criminal action in which the
14person is involved by affiliation with the authority, if the person acted in good faith on
15behalf of the authority and within the scope of official duties or powers.
16(b) The authority may purchase insurance to protect and hold personally
17harmless its employees, agents, and board members.
18Article 5. Authority Property.
19Sec. 30.19.300. Land, facilities, and other property. (a) The Municipality of
20Anchorage shall transfer to the authority, and the authority shall take in its own name,
21title to property owned and managed by, or under the control of, the Port of Alaska as
22it was structured on the effective date of this Act, as an enterprise of the Municipality
23of Anchorage. The property transferred under this subsection includes
24(1) the port property as defined by Tracts H and I, Port of Anchorage
25Subdivision, Addition 1 (Plat No. 2015-122, Anchorage Recording District), and Tract
26J, Port of Anchorage Subdivision, Addition No. 2 (Plat No. 2012-19, Anchorage
27Recording District);
28(2) tidelands that have been transferred to the municipality and tidal
29waters within the corporate limits of the municipality, except areas within the
30exclusive jurisdiction of either the state or the United States.
31(b) The Matanuska-Susitna Borough shall transfer to the authority, and the
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1authority shall take in its own name, title to the following real property owned by the
2borough:
3(1) Township 14 North, Range 4 West, Seward Meridian
4Sections 10 and 11: All
5Section 12: Government Lots 3 and 4, W1/2 W1/2
6Section 13: Government Lot 1, except lands leased by the
7Chugach Electric Association, Government Lots 2 and 3,
8W1/2 W1/2
9Sections 14 and 15: All
10Sections 20 - 23: All
11Section 24: Government Lots 2 - 4, SW1/4 NW1/4, SE1/4
12NW1/4 NW1/4, W1/2 NW1/4 NW1/4
13Section 25: Government Lots 1 - 4, and Alaska Tideland Survey
14No. 1440
15Sections 26 - 28: All
16Section 29: E1/2, N1/2 SW1/4, NW1/4
17Section 33: N1/2 NE1/4
18Section 34: NE1/4, N1/2 SE1/4, N1/2 NW1/4
19Section 35: W1/2 NW1/4 SW1/4, W1/2 NW1/4;
20(2) Township 14 North, Range 3 West, Seward Meridian
21Section 30 (protracted): all tide and submerged land lying
22northwesterly of the southeasterly boundary of the Matanuska-
23Susitna Borough;
24(3) Township 14 North, Range 4 West, Seward Meridian
25Section 24 (protracted): all tide and submerged land of the S1/2
26Section 25 (protracted): all tide and submerged land easterly of
27Alaska Tideland Survey No. 1440
28Section 36 (protracted): all tide and submerged land of the N1/2
29lying northwesterly of the southeasterly boundary of the
30Matanuska-Susitna Borough.
31(c) The authority may, subject to AS 30.19.230 and (d) of this section, lease,
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1grant easements in or permits for, or otherwise authorize use of land.
2(d) A lease or disposal of land approved by the legislature under AS 30.19.230
3by the authority to a party other than the state shall be made at fair market value, as
4determined by a qualified appraiser, or by competitive bid.
5Sec. 30.19.310. Eminent domain. The authority may exercise the power of
6eminent domain under AS 09.55.240 - 09.55.460 to acquire land for port purposes
7consistent with this chapter.
8Sec. 30.19.320. Land use rules. The board may adopt exclusive rules
9governing land use by persons having interest in or permits for land owned or
10managed by the authority.
11Sec. 30.19.330. Vacating easements. The authority may vacate an easement
12acquired under this chapter by executing and filing a deed in the appropriate recording
13district.
14Sec. 30.19.340. Public use of land. Upon request of a municipality or the
15state, the authority may authorize use of land for public purposes.
16Sec. 30.19.350. Acquisition of governmental property. The authority, as an
17instrumentality of the state, may acquire in its own name from the United States under
1840 U.S.C. 545 note (Surplus Property Act of 1944), 40 U.S.C. 471 - 544 (Federal
19Property and Administrative Services Act of 1949), or other law, property under the
20control of a federal department or agency that is useful for the authority's purposes.
21The authority may acquire from the Department of Administration property of the
22state made available under AS 44.68.110 - 44.68.140.
23Sec. 30.19.360. Adverse possession. No prescription or statute of limitations
24runs against the title or interest of the authority to or in land owned by the authority or
25under its jurisdiction. Title to or interest in land owned by the authority or under its
26jurisdiction may not be acquired by adverse possession or prescription, or in any other
27manner except by conveyance from or formal vacation by the authority.
28Article 6. Financial Provisions.
29Sec. 30.19.400. Limitation of liability. A liability incurred by the authority
30shall be satisfied exclusively from the assets or revenue of the authority and no
31creditor or other person has a right of action against the state because of a debt,
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1obligation, or liability of the authority.
2Sec. 30.19.410. Fidelity bond. The authority shall obtain a fidelity bond in an
3amount determined by the board for board members and each executive officer
4responsible for accounts and finances.
5Sec. 30.19.420. Insurance. The authority shall protect its assets, services, and
6employees by purchasing insurance or providing for certain self-insurance retentions.
7The authority shall also maintain casualty, property, business interruption, marine,
8boiler and machinery, pollution liability, and other insurance in amounts reasonably
9calculated.
10Sec. 30.19.430. Revenue. Revenue generated by or appropriated to the
11authority shall be retained and managed by the authority for port and related purposes.
12Sec. 30.19.440. Appropriations. The authority may request, with the
13concurrence of the governor, a direct appropriation or grant from the legislature to
14assist in carrying out the provisions of this chapter.
15Article 7. Revenue Bonds.
16Sec. 30.19.600. General bond provisions. (a) Upon receiving legislative
17approval under AS 30.19.230, the authority may issue revenue bonds by resolution to
18provide money to carry out its purposes.
19(b) Bonds may be issued in one or more series as provided by the resolution of
20the board.
21Sec. 30.19.610. Payment of bonds. The principal of and interest on bonds of
22the authority is payable from authority money or assets. Bonds may be additionally
23secured by a pledge of a grant or contribution from the federal or state government, a
24municipality, a corporation, an association, an institution or a person, or a pledge of
25money, income, or revenue of the authority from any source.
26Sec. 30.19.620. Security for bonds. In the discretion of the board, an issue of
27bonds may be secured by a trust indenture.
28Sec. 30.19.630. Validity of signatures. If an officer of the authority whose
29signature or electronic signature appears on a bond, or coupon attached to a bond, is
30no longer an officer at the time of delivery of the bond or coupon, the signature or
31electronic signature is valid the same as if the person had remained in office until
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1delivery.
2Sec. 30.19.640. Validity of pledge. (a) The pledge of assets or revenue of the
3authority to the payment of the principal or interest on bonds of the authority is valid
4and binding from the time the pledge is made, and the assets or revenue are
5immediately subject to the lien of the pledge without physical delivery or further act.
6(b) Nothing in this section prohibits the authority from selling assets subject to
7a pledge, except that a sale may be restricted by the trust agreement or resolution
8providing for the issuance of the bonds.
9Sec. 30.19.650. State pledge. The state pledges to and agrees with the holders
10of bonds issued under this chapter, and with the federal agency that loans or
11contributes funds in respect to a project, that the state will not limit or alter the rights
12and powers vested in the authority by this chapter to fulfill the terms of a contract
13made by the authority with the holders or federal agency, or in any way impair the
14rights and remedies of the holders until the bonds, together with the interest on the
15bonds, including interest on unpaid installments of interest, and all costs and expenses
16in connection with an action or proceeding by or on behalf of the holders, are fully met
17and discharged. The authority may include this pledge and agreement of the state,
18insofar as it refers to holders of bonds of the authority, in a contract with the holders,
19and insofar as it relates to a federal agency, in a contract with the federal agency.
20Sec. 30.19.660. Remedies. The board shall develop by resolution remedies for
21bondholders for nonpayment.
22Sec. 30.19.670. Credit of state not pledged. The state and its political
23subdivisions are not liable for the debts of the authority.
24Article 8. Personnel and Labor Relations.
25Sec. 30.19.700. Political activities. Money, assets, or property of the authority
26may not be used for political activities. However, board members and employees may
27communicate with and appear before committees of the United States Congress, the
28state legislature, and municipal governing bodies in connection with matters directly
29affecting the authority.
30Sec. 30.19.710. Authority employees. Employees of the port are employees of
31the authority and not of the state. The provisions of AS 39 do not apply to employees
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1of the authority.
2Sec. 30.19.720. Collective bargaining rights. The provisions of AS 23.40.070
3- 23.40.260 (Public Employment Relations Act) do not apply to the authority or to its
4employees. However, employees who are not executive officers may organize and
5form, join, or assist an organization to engage in collective bargaining through
6representatives of the employees' choosing and engage in concerted activities for the
7purpose of collective bargaining or other mutual aid or protection.
8Article 9. General Provisions.
9Sec. 30.19.900. Claims. (a) All claims and lawsuits involving activities of the
10authority, including suits in contract, quasi-contract, or tort, shall be brought against
11the authority and not against the state.
12(b) Claims against the authority are not subject to the provisions of AS 44.77
13regarding claims against the state.
14(c) The authority is not subject to the provisions of AS 44.80.010 regarding
15the state as a party to an action.
16Sec. 30.19.910. Exemption from taxation. (a) The exercise of the powers
17granted by this chapter shall be in all respects for the benefit of the people of the state,
18for the well-being and prosperity of the people, and for the improvement of people's
19social and economic conditions. Subject to (b) of this section, the real and personal
20property of the authority and its assets, income, and receipts are exempt from all taxes
21and special assessments of the state or a political subdivision of the state.
22(b) Bonds and notes issued under this chapter are issued by a body corporate
23and public of the state and for an essential public and governmental purpose.
24Therefore, the bonds and notes, the interest and income from the bonds and notes, and
25all fees, charges, funds, revenue, income, and other money pledged or available to pay
26or secure the payment of the bonds and notes, or interest on the bonds and notes, are
27exempt from taxation, except for inheritance, transfer, and estate taxes.
28(c) This section does not affect or limit an exemption from license fees,
29property taxes, or excise, income, or other taxes provided under any other law, nor
30does this section create a tax exemption with respect to the interest of any business
31enterprise or other person, other than the authority.
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1Sec. 30.19.920. Application of existing laws. Unless specifically provided
2otherwise in this chapter, the following laws do not apply to the operations of the
3authority:
4(1) AS 19;
5(2) AS 30.15;
6(3) AS 35;
7(4) AS 37.05;
8(5) AS 37.07;
9(6) AS 37.10.010 - 37.10.060;
10(7) AS 37.10.085;
11(8) AS 37.20;
12(9) AS 37.25;
13(10) AS 38;
14(11) AS 44.62.040 - 44.62.320.
15Sec. 30.19.930. Conflicting laws inapplicable. If provisions of this chapter
16conflict with the provisions of other state law, the provisions of this chapter prevail.
17Sec. 30.19.990. Definitions. In this chapter, unless the context otherwise
18requires,
19(1)     "authority" means the Port of Southcentral Alaska Authority
20created by this chapter;
21(2) "board" means the board of directors of the authority;
22(3) "bond" means a bond, bond anticipation note, note, refunding bond,
23or other obligation;
24(4)     "collective bargaining" means the performance of the mutual
25obligation of the authority or its designated representatives and the representatives of
26the employees to meet at reasonable times, including meetings in advance of the
27budget making process, and negotiating in good faith with respect to wages, hours,
28and other terms and conditions of employment, or the negotiation of an agreement, or
29negotiation of a question arising under an agreement and the execution of a written
30contract incorporating an agreement reached if requested by either party, but these
31obligations do not compel either party to agree to a proposal or require the making of a
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1concession;
2(5) "employee" means a person employed by the authority, including
3an executive officer;
4(6) "executive officer" means the authority's chief executive officer;
5(7)    "land" means any interest in real property, including tide and
6submerged land, and any right appurtenant to the interest;
7(8) "port" means the Port of Southcentral Alaska in Anchorage;
8(9) "rule" means a standard of general application or the amendment,
9supplement, revision, or repeal of a standard adopted by the authority to implement,
10interpret, or make specific the law enforced or administered by the authority or to
11govern its procedure;
12(10)    "terms and conditions of employment" means the hours of
13employment, the compensation and fringe benefits, and the employer's personnel
14policies affecting the working conditions of the employees, but does not mean the
15general policies describing the function and purposes of an employer.
16Sec. 30.19.995. Short title. This chapter may be referred to as the Port of
17Southcentral Alaska Authority Act.
18   * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
19 read:
20TRANSITIONAL PROVISIONS. (a) Not later than 180 days after the effective date
21 of this Act, the Municipality of Anchorage shall by ordinance enumerate and transfer to the
22 Port of Southcentral Alaska Authority property and funds owned and managed by, or under
23 the control of, the Port of Alaska as it is structured as an enterprise of the municipality on the
24 effective date of this Act. The property described in this subsection includes
25(1)   the port property as defined by Tracts H and I, Port of Anchorage
26 Subdivision, Addition 1 (Plat No. 2015-122, Anchorage Recording District), and Tract J, Port
27 of Anchorage Subdivision, Addition No. 2 (Plat No. 2012-19, Anchorage Recording District);
28 and
29(2) tidelands that have been transferred to the municipality and tidal waters
30 within the corporate limits of the municipality, except areas within the exclusive jurisdiction
31 of either the state or the United States.
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1(b) Not later than 180 days after the effective date of this Act, the Matanuska-Susitna
2 Borough shall by ordinance transfer to the Port of Southcentral Alaska Authority the
3 following real property owned by the borough:
4(1) Township 14 North, Range 4 West, Seward Meridian
5Sections 10 and 11: All
6Section 12: Government Lots 3 and 4, W1/2 W1/2
7Section 13: Government Lot 1, except lands leased by the Chugach
8Electric Association, Government Lots 2 and 3, W1/2 W1/2
9Sections 14 and 15: All
10Sections 20 - 23: All
11Section 24: Government Lots 2 - 4, SW1/4 NW1/4, SE1/4 NW1/4
12NW1/4, W1/2 NW1/4 NW1/4
13Section 25: Government Lots 1 - 4, and Alaska Tideland Survey No.
141440
15Sections 26 - 28: All
16Section 29: E1/2, N1/2 SW1/4, NW1/4
17Section 33: N1/2 NE1/4
18Section 34: NE1/4, N1/2 SE1/4, N1/2 NW1/4
19Section 35: W1/2 NW1/4 SW1/4, W1/2 NW1/4;
20(2) Township 14 North, Range 3 West, Seward Meridian
21Section 30 (protracted): all tide and submerged land lying
22northwesterly of the southeasterly boundary of the Matanuska-Susitna
23Borough;
24(3) Township 14 North, Range 4 West, Seward Meridian
25Section 24 (protracted): all tide and submerged land of the S1/2
26Section 25 (protracted): all tide and submerged land easterly of Alaska
27Tideland Survey No. 1440
28Section 36 (protracted): all tide and submerged land of the N1/2 lying
29northwesterly of the southeasterly boundary of the Matanuska-Susitna
30Borough.
31(c) As of the effective date of the ordinance described in (a) of this section, the Port of
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1  Southcentral Alaska Authority shall fund litigation related to proceedings for Anchorage, a
2  Municipal Corporation v. United States, Case No. 14-166C, United States Court of Federal
3  Claims, and the ordinance must obligate the Municipality of Anchorage to transfer to the
4  authority funds received resulting from the litigation. The ordinance must also obligate the
5  municipality to transfer to the authority all funds not yet expended that were granted to the
6  municipality, and that have been or will be received by the municipality, for a component of
7 the Port of Anchorage Intermodal Expansion Project or the Port of Alaska Modernization
8 Project. Notwithstanding any other provision of law, the Municipality of Anchorage is not
9 required to conduct a termination cost study under AS 39.35, or make a payment under
10 AS 39.35.625 for any department, group, or classification of employees that, after the date of
11 transfer and as a result of this Act, no longer participate in a plan under AS 39.35.
12(d) As soon as practicable after the transfer of the Port of Alaska to the Port of
13 Southcentral Alaska Authority, the Port of Southcentral Alaska and its employees shall adopt
14 collective bargaining agreements that continue the provisions of the agreements in effect
15 between the Port of Alaska and its employees on the date of the transfer.
16(e) The board of directors of the Port of Southcentral Alaska Authority may provide
17 by resolution that rules and orders in effect on the date of transfer remain in effect until
18 amended or repealed by the board.
19  * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).
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