Title 35. Public Buildings, Works, and Improvements.

Chapter 05. Administration.

Sec. 35.05.010. Planning and construction.
The department is responsible for the planning and construction of public works except as provided for court facilities in AS 22.05.025. Contracts for planning and construction of public works are governed by AS 36.30 (State Procurement Code).


Sec. 35.05.020. Regulations.
The department shall adopt regulations that it considers necessary to carry out the purpose of this title. The regulations may not conflict with AS 36.30 (State Procurement Code) or the regulations adopted by the Department of Administration under that chapter.


Sec. 35.05.030. Duties of department.
The department has the following powers and duties:
     (1) direct approved public works planning and construction;

     (2) employ assistants and employees;

     (3) certify and approve vouchers;

     (4) prepare a departmental budget;

     (5) review the annual public works program.




Sec. 35.05.040. Powers of department.
The department may
     (1) acquire property;

     (2) exercise the power of eminent domain;

     (3) take immediate possession of real property, or any interest in it under a declaration of taking or by other lawful means;

     (4) acquire rights-of-way for present or future use;

     (5) dispose of excess property or property rights;

     (6) accept and dispose of federal funds or property available for public works construction, maintenance, or equipment;

     (7) enter into contracts or agreements relating to public works with the federal government and political subdivisions, and also enter into contracts with a foreign government if approved by the federal government;

     (8) exercise any other power necessary to carry out the purpose of this title;

     (9) lease or grant land or any interest in land to the Alaska Housing Finance Corporation for a purpose set out in AS 18.55.100 — 18.55.960 on terms and conditions prescribed by the department;

     (10) procure directly materials, labor, and contractual services for planning, designing, and constructing public facilities of the state.




Sec. 35.05.050. Federal aid.
Legislative assent to federal aid for the state, including aid given to the state through a department or agency of the federal government, is given. The department may apply for, contract, and do all things necessary to cooperate with the United States Government for the construction of public works under federal Acts.


Sec. 35.05.060. State assumption of nonfederal flood control project costs.
To the extent that funds are made available by the legislature, the state shall assume 90 percent of the nonfederal costs of planning, land acquisition, construction, and maintenance of flood control projects authorized within the state by the United States, except that the state shall assume the full share of nonfederally funded costs with respect to those facilities that are primarily state responsibilities, including highways and roads, parks and recreation, and fish and game facilities. The state shall participate in federal flood control projects under this section only as to those projects authorized and approved by the department.


Chapter 07. State Participation in Flood Control Projects.

Sec. 35.07.010. [Renumbered as AS 35.05.060.]

Chapter 10. Public Works.

Article 1. Public Works Planning and Construction.


Sec. 35.10.010. Standard plans and specifications and limitation on cost.
The department shall prepare and adopt plans and specifications and determine standards for the construction of each public work. Each public work shall be limited in cost to the amount of the appropriation made for that purpose. The plans and specifications may be amended from time to time as the department considers advisable. This section does not apply to the construction of school buildings.


Sec. 35.10.015. Accessibility of public buildings and facilities.
 (a) The department shall prepare, adopt, and enforce regulations governing the construction of public buildings and facilities by or for the state, including the University of Alaska, and its political subdivisions, whether financed in whole or in part by federal funds, to ensure that public buildings and facilities are accessible to and usable by persons with disabilities and by the aged or infirm. The regulations of the department must conform to a standard comparable to applicable provisions of federal law, regulations, and standards.

 (b) The department shall develop and maintain an inventory of all public buildings and facilities with respect to their compliance with the regulations adopted under (a) of this section. In addition, the department shall develop cost estimates and recommended priorities for the upgrading of public buildings and facilities that do not conform with the regulations adopted under (a) of this section.

 (c) All ferries owned or operated by the state shall be equipped with elevators or other passenger lifting equipment, ramps, or other facilities and devices to ensure that these vessels are accessible to and usable by persons with disabilities and by aged or infirm passengers. In this subsection, “accessible to and usable by” means that a person with a disability or an aged or infirm passenger can board, disembark, and move between decks and about the public areas aboard a state ferry with personal comfort and safety and with safety to other passengers and members of the crew.

 (d) After June 25, 1976, a ferry may not be constructed, lengthened, completely renovated, or purchased for use or entered into service by the division of marine transportation of the department as a part of the Alaska marine highway system that does not include adequate facilities and devices to ensure that the vessel is accessible to and usable by persons with disabilities and by aged or infirm passengers. Some staterooms and all restrooms, indoor passageways, outdoor weather decks, and other public areas aboard the vessel shall be so designed and constructed as to permit access and use by persons with disabilities and by aged or infirm passengers, including those persons occupying a wheelchair.

 (e) After June 25, 1976, a public building or facility in the state may not be planned, designed, financed, constructed, opened to public use, or otherwise placed in operation unless it meets the standards established under this section. If the standards for a public building or facility are not provided for in federal statute, regulation, or standards, the department shall determine the extent of, and adopt regulations setting the standards for, access to and use of the public building or facility by persons with disabilities and by the aged or infirm.

 (f) The department may establish by regulation, and collect reasonable fees for services provided in the course of determining compliance with regulations adopted under this section.

 (g) In this section, “public facilities” includes vessels owned by the state and operated by the division of marine transportation of the department as a part of the Alaska marine highway system.




Sec. 35.10.020. Consultation with municipal planning commissions. [Repealed, § 4 ch 143 SLA 1977. For current law, see AS 35.30.]
Sec. 35.10.025. Compliance with local building codes.
A public building shall be built in accordance with applicable local building codes, including the obtaining of required permits. This section applies to all buildings of the state and corporate authorities of the state.


Sec. 35.10.030. Inspecting and supervising public works construction.
The department shall supervise and inspect the construction of public works and shall see that the work performed in constructing, repairing, altering, or improving public works is in accordance with the drawings and specifications for them, that the interests of the state are fully protected, and that no person, firm, or corporation employed on any work performs the work in any other or different manner than is provided by the contract and the plans and specifications.


Sec. 35.10.040. Failure of contractor to perform work.
If a contractor or person in charge of the construction of a public building in the state fails to perform the work in a good and workmanlike manner and does not perform the work in accordance with the plans and specifications of the contract, the department shall direct what legal action, if any, shall be taken.


Sec. 35.10.050. Duty of department to examine and report on existing public buildings.
The department shall, from time to time, examine all existing public buildings and report the condition of each and any necessary additional construction that is needed on them.


Sec. 35.10.060. Inspection and testing of materials.
The department may inspect and test materials, supplies, equipment, and machinery used by a contractor constructing or maintaining public works, and may develop methods and procedures for inspection and testing.


Sec. 35.10.070. Research on public works.
The department may gather, investigate, and compile information concerning the use, construction, and maintenance of public works, the practices and methods of efficient organization, financing and such other information, data and statistics of the state, and the extent of natural resources of building materials in the state. The department shall disseminate this information, together with recommendations it considers advisable.


Sec. 35.10.080. Statement of work authorized, completion schedule, and recommendations.
Not later than February 1 of each year, the department shall prepare a statement showing the public works authorized within the past six-year period and the completion schedule as of that date, together with recommendations regarding the need for additional public works construction, if any.


Article 2. Boat Harbor, Dike, Jetty, and Breakwater Facilities.


Sec. 35.10.090. Application for federal funds.
The department shall apply in the name of the state, as applicant, to the appropriate federal agency for the construction or assistance in the construction of boat harbor, dike, jetty, or breakwater harbor facilities where the facilities are necessary, feasible, and appropriate to the local economy.


Sec. 35.10.100. Determining need and priority of projects.
The department shall prepare the preliminary determination of need for each project of the type described in AS 35.10.090 and its feasibility and appropriateness through representations and data submitted to it by the residents of each community desiring a project, and from other information available to it. The department shall approve and make the final determination of those projects, and their order or priority for which application is made.


Sec. 35.10.110. Contracting with communities for local participation.
The department may contract with a community for the participation of the community either in the financing of projects or, instead of local financial participation, to contract with the community for its installing necessary piling, floats, and related equipment and facilities whether at the community’s direct expense or through local volunteer labor, after completion of the basic boat harbor, dike, jetty, or breakwater facilities.


Sec. 35.10.120. Lease or sale of marine or harbor facilities.
The department may lease for a period up to 50 years or may sell for a nominal sum to an incorporated city, public utility district, or other incorporated area marine or harbor facilities constructed or rebuilt with territorial funds or state funds or with territorial or state and federal matching funds. The intent of this section is to allow cities, public utility districts, and other incorporated areas to lease or purchase marine or harbor facilities so that they may enforce municipal ordinances on them and legally assess fees to meet maintenance costs.


Article 3. Financial Provisions.


Sec. 35.10.130. Construction within appropriations and limits imposed by the legislature.
Each public work shall be constructed in a completed manner within the appropriation and limits imposed by the legislature.


Sec. 35.10.135. Public facility planning fund.
There is established within the Office of the Governor, office of management and budget a public facility planning fund. The fund is a capital fund and consists of (1) money appropriated by the legislature, (2) money reimbursed to it from the proceeds of the sales of general obligation bonds and revenue bonds issued for projects and (3) money reimbursed to it from appropriations for any projects for which money from the fund has been spent. The fund is available for expenditure, on a reimbursable basis, only for the purposes of providing working capital for facility program planning and for facility procurement planning as specified in this chapter. All expenditures from the fund are subject to an independent audit which shall be made annually and reported to the governor and the legislature.


Secs. 35.10.140 — 35.10.150. Prohibitions and penalties. [Repealed, § 21 ch 166 SLA 1978.]

Article 4. Public Facility Procurement Policy.


Sec. 35.10.160. Findings and purpose.
The legislature finds that since the needs of the state for physical facilities of all kinds are diverse, the planning, design, and construction of public facilities should be executed in accordance with facility procurement policies developed by the department and reviewed annually by the legislature.


Sec. 35.10.170. Duties of department.
In addition to other duties prescribed by statute, the department shall
     (1) develop facility procurement policies for the planning, design, construction, maintenance, and operation of public facilities of the state;

     (2) develop and maintain an inventory of physical facilities currently owned or occupied by the state;

     (3) make projections of future public facility needs of the state, analyze facilities needed, and establish methodology for program planning and facilities project planning, design, and construction, based upon
          (A) a justification of the level of service anticipated by the program agency, utilizing population projections and estimates approved by the governor;

          (B) consideration of the geographical area to be served by the facility and relevant data concerning the agency’s existing public facilities in that area;

          (C) the date by which the services are to be provided;

          (D) alternative program methods for providing the services; and

          (E) pertinent data requested by the department in accordance with procedures developed under AS 35.10.180;

     (4) engage in experimental projects as necessary relating to any available or future method of facility procurement, design, or construction and any method of improving existing design, planning, and construction techniques;

     (5) develop life cycle costs of public facilities of the state;

     (6) develop life cycle costing methodologies for the following special purposes:
          (A) budget forecasting to support facility program planning and analysis;

          (B) systematic cost estimating to forecast planning, design, and construction;

          (C) budget forecasting to support development of annual maintenance and operating strategies and life cycle cost plans;

          (D) alternative methods of space acquisition and space equalization which will maximize the effectiveness of public funds;

     (7) apply for and accept, on behalf of the state, grants from the federal government or an agency of it or from another state foundation, corporation, association, or individual for any of the functions or purposes of the department and may expend any of the money received under this section for any of the functions or purposes.




Sec. 35.10.180. Physical facility procurement and planning policies.
 (a) The department shall develop and keep current by periodic revision physical facility procurement and planning policies for public buildings and other state facilities and shall develop regulations and guidelines for the implementation of these policies.

 (b) In developing and revising these policies the department shall seek public review and evaluation by any reasonable means and shall
     (1) consult and cooperate with officials of the federal government, local governments, other political subdivisions of the state, and other interested persons regarding physical facility procurement planning;

     (2) request and receive from an agency or other unit of the state government the assistance and data needed to carry out the requirements of this section.

 (c) The commissioner shall submit copies of proposed policies and plans annually, within 10 days after the legislature convenes, to the legislature. The legislature may approve, reject, or modify the policies and plans by concurrent resolution. If the legislature fails to act during the legislative session, the policies and plans are approved.




Sec. 35.10.190. Coordination by department.
 (a) The department shall coordinate the procurement of physical facilities for the state to insure the greatest cost savings of planning, design, and contractual techniques.

 (b) When the state or an agency of the state determines that a public facility is to be constructed or renovated, it shall, unless exempted by regulations of the department, submit to the department an application for a certificate that the proposed facility complies with adopted facility procurement policies. The department may reject the application but if it does so it shall state in writing the reasons for the rejection. If a written statement that the application is rejected does not issue within 30 days after receipt of the application by the department, unless the department and the applicant have agreed upon an extension of time for consideration, the certificate of compliance is not required. Except as provided otherwise by regulation or by this section, a public facility of the state may not be constructed or renovated by the state unless a certificate that the facility complies with adopted facility procurement policies has been issued.




Sec. 35.10.195. Conformance with AS 36.30.
The contractual techniques for the procurement of labor, materials, and contractual services under the policies developed under this chapter must conform to the requirements of AS 36.30 (State Procurement Code).


Sec. 35.10.200. Definitions.
In AS 35.10.160 — 35.10.200,
     (1) “life cycle costs” means analytic techniques which provide data to describe the first cost of procurement of public facilities and the maintenance cost, operation cost, and occupancy cost of the facilities;

     (2) “policies” includes but is not limited to budget accounting and cost planning techniques, facility design techniques, and contractual techniques for the procurement of labor, materials, and contractual services.




Article 5. Utilities and Encroachments in Public Facilities.


Sec. 35.10.210. Use of public facilities for utilities.
A utility facility may be constructed, placed, or maintained across, along, over, under, or within a state public facility only in accordance with regulations adopted or procedures prescribed by the department and only if authorized by a written permit issued by the department. The department may charge a fee for a permit issued under this section.


Sec. 35.10.220. Relocation of utility facilities incident to public facility projects.
 (a) If, incident to the construction of a public facility project, the department determines and orders that a utility facility located across, along, over, under, or within a state public facility must be changed, relocated, or removed, the utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order, within a reasonable time set by the department in the order.

 (b) If the utility facility is not changed, relocated, or removed in accordance with the order, a permit authorizing the utility issued by the department under AS 35.10.210 becomes invalid and the facility will be considered an unauthorized encroachment subject to the provisions of AS 35.10.270.

 (c) The cost of change, relocation, or removal, as defined in AS 35.95.100, ordered under (a) of this section is to be paid as follows:
     (1) by the department as a cost of public facility construction, if the utility facility is installed or authorized after June 11, 1986 under a utility permit or a regulation and is installed in the location specified in the permit;

     (2) by the department as a cost of public facility construction, if the facility was installed before June 11, 1986 under a utility permit and is in the location specified in the permit;

     (3) by the department as a cost of public facility construction, if the utility facility was installed before the location became a state public facility or before permits were required;

     (4) by the department as a cost of public facility construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five years before the contract for the public facility construction project was first advertised;

     (5) by the utility in all other cases unless the commissioner finds it is in the public interest for the cost to be paid by the department.




Sec. 35.10.230. Encroachment permits.
An encroachment may be constructed, placed, changed, or maintained across or within a public facility, but only in accordance with regulations or procedures adopted by the department. An encroachment may not be constructed, placed, maintained, or changed until it is authorized by a written permit issued by the department, unless the department provides otherwise by regulation. The department may charge a fee for a permit issued under this section.


Sec. 35.10.240. Relocation or removal of encroachment.
If, incidental to the construction or maintenance of a state public facility, the department determines and orders that an encroachment previously authorized by written permit must be changed, relocated, or removed, the owner of the encroachment shall change, relocate, or remove it within a reasonable time set by the department in the order. The cost of the change, relocation, or removal shall be paid as provided in AS 35.10.220(c). If the owner does not change, relocate, or remove an encroachment within the time set by the department, the encroachment is considered an unauthorized encroachment and subject to the provisions of AS 35.10.270.


Sec. 35.10.250. Unauthorized encroachments.
If an unauthorized encroachment exists in, on, under, or over a state public facility, the department may require the removal of the encroachment, at the expense of the owner, in the manner provided in AS 35.10.260 — 35.10.270.


Sec. 35.10.260. Notice of removal of unauthorized encroachment.
Notice shall be given the owner, occupant, or person in possession of an unauthorized encroachment, or to another person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment within a time limit set by the department. The notice must describe the encroachment with reasonable certainty as to its character and location. Service of the notice may be made by certified mail.


Sec. 35.10.270. Removal after noncompliance; removal expense.
After a failure of the owner of an unauthorized encroachment to comply with the notice or order of the department under AS 35.10.220, 35.10.240, or 35.10.260, the department may remove the encroachment, or cause it to be removed. The owner of the unauthorized encroachment shall pay to the department
     (1) the expense of the removal of the encroachment;

     (2) all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and

     (3) costs and expense of suit.




Article 1. Construction of Public Works.


Chapter 15. Construction Procedures.

Sec. 35.15.010. Construction by department.
 (a) Except as provided in AS 44.33.300, it is the general policy of the state to require the construction of all public works under bid contract in accordance with AS 36.30 (State Procurement Code). However, when the estimated cost of a construction project is less than $100,000, or when it appears to be in the best interests of the state, the department may perform the work, notwithstanding any other provisions of law. A complete record shall be kept by the commissioner or the commissioner’s designee of all transactions entered into under this section including names of employees involved in the transactions.

 (b) Construction or professional services in connection with the construction of a public work performed by the department under (a) of this section which have an estimated cost exceeding $5,000 may not be performed by the department unless the commissioner determines, in writing, that the cost to the state will be less than that incurred as a result of a formally advertised or negotiated contract. The determination of the commissioner shall be supported by findings of fact which shall set out enough facts and circumstances to clearly justify the determination. The determinations and findings shall be maintained as a permanent record of the department.

 (c) In this section, “professional services” means architectural, engineering, or land surveying services.




Sec. 35.15.020. Request for public bids.
The solicitation of bids for construction of public works is governed by AS 36.30 (State Procurement Code). The request for bids may require the contractor to furnish equipment, labor, materials, and supplies for the project, or it may state that the department will furnish the materials and supplies. If the department elects to provide materials and supplies for a project, it shall make the election at the time it adopts the construction program. The department shall acquire these materials and supplies under AS 36.30 by requesting bids for them according to the class, type, and nature of the materials and supplies. The contract may be awarded either upon the basis of delivery to the construction project directly or to a central storehouse or storehouses maintained by the department. Those materials and supplies so purchased by the department may be delivered to the project site without expense to the contractor, or it may sell them to the contractor at cost and make the materials and supplies a part of the construction cost.


Sec. 35.15.030. Advertisement, bids, contracts, and informal bids. [Repealed, § 67 ch 106 SLA 1986.]
Sec. 35.15.040. Procedures for the award of contracts.
Award of a contract for the construction of a public work shall comply with this title, AS 36.30 (State Procurement Code), and the regulations adopted under those laws.


Sec. 35.15.050. Award of contracts. [Repealed, § 67 ch 106 SLA 1986.]
Sec. 35.15.060. Prior contracts unaffected. [Repealed, § 56 ch 14 SLA 1987.]

Article 2. Local Control of Public Works Projects.


Sec. 35.15.080. Local control of state public works projects.
 (a) A municipality may, by resolution of its governing body, request the assumption of all or part of the department’s responsibilities relating to the planning, design, and construction of a public works project of the state that is to be located within the boundaries of the municipality and that would otherwise be constructed in the manner provided in AS 35.15.010. After receipt of the request, the department may provide by agreement for transfer to and assumption by the municipality of the department’s responsibilities relating to the project, unless the commissioner determines that assumption of responsibilities by the municipality is not practicable or not in the best interests of the state.

 (b) If the commissioner determines that assumption of responsibilities by a municipality under (a) of this section is not practicable or not in the best interests of the state, the commissioner shall notify the governing body of the municipality of the finding and specify reasons for it. If the governing body requests reconsideration of the decision, the commissioner shall hold a hearing in the municipality within 30 days following mailing of the request. Following the hearing, the commissioner may affirm, modify, or reverse the initial decision and shall specify in writing the reasons.

 (c) A municipality may request joint assumption of responsibilities with the department relating to the planning, design, and construction of a public works project. Two or more municipalities may by agreement provide for cooperative assumption of responsibilities relating to the planning, design, and construction of a public works project. If two or more municipalities request assumption of responsibilities for a project and meet the standard of practicability set out in (a) of this section, the commissioner shall determine which municipality is best able to direct planning, design, and construction of the project and enter into an agreement with that municipality or provide for joint or cooperative administration, as the parties may agree or the commissioner may determine. Decisions of the commissioner under this subsection are final.

 (d) Provisions of this title governing planning, design, and construction of public works by the department, and regulations adopted under the provisions, govern the administration of projects assumed by a municipality under this section. For that purpose the provisions supersede any conflicting provisions of ordinance or charter of a municipality.

 (e) An organized borough may plan and construct public works under this section and make an agreement with the department for that purpose irrespective of restrictions of other provisions of law on the acquisition and exercise of borough powers. Borough exercise of the power conferred under this subsection does not preclude exercise by a city of the borough of the same power within the city.

 (f) To carry out the purpose of this section, the commissioner shall adopt regulations relating to the application for and the making and the conditions of agreements and the local assumption of responsibilities for the planning, design, and construction of public works under this section. The commissioner may require different terms in agreements for different projects to meet local conditions and unique requirements and to assure compliance with the public facilities procurement policies developed by the department under AS 35.10.160 — 35.10.200. If necessary, the commissioner may require as a condition of an agreement approval of the agreement by the federal government.




Sec. 35.15.090. Use of appropriated funds.
Upon execution of an agreement under AS 35.15.080(a), state funds appropriated for a public works project that is the subject of the agreement shall be transferred to a special account in the state treasury. A municipality administering the project under the agreement may draw on the account for costs of the project, under fiscal control of the department. If an agreement provides for joint or cooperative administration of the project, payment of costs shall be made to the party incurring the costs.


Sec. 35.15.100. Responsibility of department.
When a municipality has assumed responsibility for a public works project under AS 35.15.080 — 35.15.120, the department is relieved of responsibility to the extent it is assumed by the municipality. The department may provide technical assistance on the responsibility assumed if requested to do so by the municipality and shall be reasonably compensated for that assistance from the account established under AS 35.15.090.


Sec. 35.15.110. Title to site and completion of project.
 (a) Before advertisement for bids or construction contract negotiations, the department shall approve both the project site and the land interest in the site.

 (b) Responsibility for maintenance of the project shall be established in the original contract agreement. The department shall participate in the final inspection of the project and approve of the final documents on the project.




Sec. 35.15.120. Definitions.
In AS 35.15.080 — 35.15.120,
     (1) “construction” or any derivative of the term “construct” means, in addition to the meaning given in AS 35.95.100, selecting and acquiring a project site and necessary rights-of-way and easements, providing for and connecting to utilities, and building, supervising, and inspecting the public works project;

     (2) “governing body” means a municipality’s assembly or council.




Chapter 20. Acquisition and Disposition of Property.

Sec. 35.20.010. Acquisition of land, rights-of-way, and materials by purchase or eminent domain.
The department, on behalf of the state and as part of the cost of constructing or maintaining a public work, may purchase in the open market, acquire, take over, or condemn under the right and power of eminent domain land in fee simple or easements that it considers necessary for present public use, either temporary or permanent, or that it considers necessary and reasonable for the public use. By the same means, the department may obtain material including clay, gravel, sand, or rock, or the land necessary to obtain the material, and the necessary land or easements to provide access to it. The department may acquire the land or material notwithstanding the fact that the title to it is in the state or a department, agency, commission, or institution of the state. Acquisition of material in the open market under this section is governed by AS 36.30 (State Procurement Code).


Sec. 35.20.020. Declaration of taking.
A declaration of taking, in the form of an order signed by the commissioner, declaring that the real property, or an interest in it, or any easement is necessary for the public use of the state is sufficient to vest title in the state. However, a declaration of taking is not effective until eminent domain proceedings have been instituted in the proper court and a copy of the declaration of taking is recorded in the office of the recorder located in the recording district where the land is located. The department may pay or have paid, from the appropriate fund, into court the amount it considers represents a reasonable valuation for the land, easement, or materials taken.


Sec. 35.20.030. Acquisition of excess land.
When a part of a parcel of land is taken and the remainder is in such shape or condition as to be of little value to its owner, or gives rise to claims or litigation concerning severance or other damage, the department may acquire the whole parcel and may sell the remainder or exchange it for other property needed for public works.


Sec. 35.20.040. Authority to condemn or acquire publicly owned property for the purpose of exchange.
When property that is devoted to or held for another public use for which the power of eminent domain may be exercised is taken for purposes set out in this title, the department may, with the consent of the person or agency in charge of the other public use, condemn the real property to be exchanged for the real property so taken. This section does not limit the authorization of the department to acquire, other than by condemnation, property for those purposes in any other manner.


Sec. 35.20.050. Authority to purchase property for the purpose of exchange.
When the commissioner formally declares that it is in the best public interest of the state to do so, the department may acquire by purchase or otherwise privately or publicly owned land or an interest in it for the purpose of exchanging it for privately or publicly owned land that the department is authorized by law to acquire.


Sec. 35.20.060. Sale of obsolete equipment and material.
The department may sell, exchange, or otherwise dispose of obsolete machinery, equipment, and material no longer needed, required, or useful for construction or maintenance purposes. Money derived from the sale of the property shall be credited to the fund from which the purchase was originally made.


Sec. 35.20.070. Vacating of land or rights in land.
The department may vacate land, or part of it, or rights in land acquired for public work purposes by executing and recording a deed in the appropriate recording district. Upon vacating, title reverts to the persons, heirs, successors, or assigns in whom it was vested at the time of the taking. The department may transfer land considered no longer necessary for public works purposes to the Department of Natural Resources for disposal. The proceeds of disposal by the Department of Natural Resources shall be credited to the funds from which the purchase was originally made.


Chapter 25. General Provisions.

[Renumbered as AS 35.95.]

Chapter 27. Art Works in Public Buildings and Facilities.

Sec. 35.27.010. Purpose.
The state recognizes its responsibility to foster culture and the arts and the necessity for the viable development of its artists and craftsmen. The legislature declares it to be a state policy that a portion of appropriations for capital expenditures be set aside for the acquisition of works of art to be used for state buildings and other public facilities.


Sec. 35.27.020. Art requirements for public buildings and facilities.
 (a) A building or facility constructed after June 30, 1975, or remodeled or renovated after June 30, 1975, shall include works of art, including but not limited to sculptures, paintings, murals or objects relating to Native art.

 (b) The department, before preparing plans and specifications for buildings and facilities, shall consult with the Alaska State Council on the Arts regarding the desirability of inclusion of works of art.

 (c) At least one percent or, in the case of a rural school facility, at least one-half of one percent of the construction cost of a building or facility approved for construction by the legislature will be reserved for the following purposes: the design, construction, mounting, and administration of works of art in a school, office building, court building, vessel of the marine highway system, or other building or facility that is subject to substantial public use.

 (d) A building or facility with an estimated construction cost of less than $250,000 is exempt from the requirements of this chapter unless inclusion of works of art in the design and construction of the building or facility is specifically authorized by the department.

 (e) The artist who executes these works of art shall be selected by the architect for the department with the approval of the department, after consultation with the Alaska State Council on the Arts and the principal user of the public buildings or facilities.

 (f) The artist who executes these works of art in the public schools shall be selected by the superintendent of a school district in which a public school is to be built with the approval of the school board. Should the department find in the best interest of the state that the selection of the artist who executes these works of art by the superintendent may result in a cost overrun to the state or delay of construction, the department shall make the selection of the artist in consultation with the superintendent.

 (g) The architect, superintendent, department, and the Alaska State Council on the Arts shall encourage the use of state cultural resources in these art works and the selection of Alaska resident artists for the commission of these art works.




Sec. 35.27.030. Definitions.
In this chapter,
     (1) “building” or “facility” means a permanent improvement constructed by the department; the term
          (A) includes, but is not limited to,
               (i) schools, office buildings, and court buildings;

               (ii) other buildings which the commissioner determines are designed for substantial public use;

               (iii) boats and vessels of the marine highway system;

               (iv) transportation facilities which accommodate traveling passengers;

          (B) excludes other transportation facilities;

     (2) “construction cost” is that cost expended for the actual construction of the facility, exclusive of the costs of land acquisition, site investigation, design services, administrative costs, equipment purchases, and any other costs not specifically incurred within the construction contract or contracts awarded for the construction of the facility.




Chapter 30. Consistency with Local Government Plans and Ordinances.

Sec. 35.30.010. Review and approval by local planning authorities.
 (a) Except as provided in (b) of this section, before commencing construction of a public project,
     (1) if the project is located in a municipality, the department shall submit the plans for the project to the planning commission of the municipality for review and approval;

     (2) if the project is located within two miles of a village, the department shall submit the plans to the village council for review and comment;

     (3) if the project is located within one-half mile of the boundary of an area represented by a community council established by municipal charter or ordinance, the department shall submit the plans to the community council for review and comment.

 (b) Prior approval by a municipal planning commission may not be required before the commencement of construction of a highway or local service road if
     (1) the department and the municipality have entered into agreement for the planning of the project under AS 19.20.060 or 19.20.070 and the plans for the project are completed in accordance with the terms of that agreement;

     (2) the municipality has adopted a municipal master highway plan under AS 19.20.080 and the highway or local service road is consistent with the plan adopted; or

     (3) the department has entered into agreement with the municipality for the planning of transportation corridors under AS 19.20.015 and the plans for the project are completed in accordance with the provisions of that agreement.

 (c) If final disapproval by resolution of the governing body of the affected municipality or village is not received within 90 days from the date the project was submitted to the municipality or village, the department may proceed with the project.




Sec. 35.30.020. Compliance with municipal ordinances.
A department shall comply with local planning and zoning ordinances and other regulations in the same manner and to the same extent as other landowners.


Sec. 35.30.030. Waiver.
If a department clearly demonstrates an overriding state interest, waiver of local planning authority approval and the compliance requirement may be granted by the governor. The governor shall issue specific findings giving reasons for granting any waiver under this section.


Sec. 35.30.040. Definitions.
In this chapter,
     (1) “public project” means a public building or other structure, public work, or other facility, highway, or local service road constructed or maintained by a department; the term includes the acquisition by purchase or agreement of land and rights in land for materials and the extraction or removal of materials necessary for completion of a highway under AS 19.05.080 — 19.05.120;

     (2) “village” means an unincorporated community of the unorganized borough where at least 25 people reside as a social unit.




Chapter 40. Names of Public Works.

Sec. 35.40.001. Reeve Boulevard.
The Elmendorf By-Pass Highway is named the Bob Reeve Boulevard.


Sec. 35.40.005. Klondike Highway.
The Alaska portion of the highway between Skagway, Alaska and Whitehorse, Yukon Territory, Canada is named the Klondike Highway.


Sec. 35.40.010. E. L. Patton Bridge.
The bridge spanning the Yukon River at the southern terminus of the James Dalton Highway is named “The E. L. Patton Bridge.”


Sec. 35.40.015. Douglas Bridge.
The bridge across the Gastineau Channel connecting Juneau with Douglas Island is named the Douglas Bridge.


Sec. 35.40.020. Brenwick/Craig Road.
Klutina Road near Copper Center is renamed Brenwick/Craig Road.


Sec. 35.40.025. Dillingham to Aleknagik Road.
The road from Dillingham to Aleknagik is designated the Gateway to the Wood-Tikchik State Park.


Sec. 35.40.030. Woodrow Johansen Expressway.
In Fairbanks, the controlled access highway connecting the Geist Road at University Avenue and the Steese Highway interchange is named the Woodrow Johansen Expressway.


Sec. 35.40.035. Veterans’ memorials.
 (a) In Anchorage, the Glenn Highway from mile 0 to mile 9 is designated the Veterans’ Memorial Parkway.

 (b) In Fairbanks, the bridge to be built across the Chena River at Barnette Street, is named the Veterans’ Memorial Bridge.

 (c) In Juneau, the Glacier Highway from Auke Bay (mile 12) to Echo Cove (mile 39) is designated the Juneau Veterans’ Memorial Highway.

 (d) In Eagle River, the portion of the Eagle River Loop Road between the Anchorage Regional Landfill and Old Glenn Highway is concurrently designated as the Eagle River Veterans’ Memorial Highway.

 (e) The bridge on the Sterling Highway that crosses the Kenai River at Soldotna is named the David Douthit Veterans’ Memorial Bridge.

 (f) In the Matanuska-Susitna Valley, the road known as Seldon Road, East Colony Schools Drive, and that portion of the road known as Bogard Road that extends east and west between Palmer and Meadow Lakes, including the road extension to be constructed on the west end of Seldon Road and the extension to be constructed on the east end of Bogard Road, are renamed Veterans’ Way. This subsection does not apply to that portion of Bogard Road that extends from the intersection of East Grumman Circle to Main Street.




Sec. 35.40.040. Robert J. Mitchell Expressway.
The South Fairbanks Expressway from the Parks Highway and Airport Road interchange to the Richardson Highway is named the Robert J. Mitchell Expressway.


Sec. 35.40.045. Crabbie’s Crossing.
Bridge number 694 at milepost 231.2 on the George Parks Highway is named Crabbie’s Crossing.


Sec. 35.40.050. Ralph M. Bartholomew Veterans’ Memorial Bridge.
The bridge to be built across Tongass Narrows to Gravina Island shall be named the Ralph M. Bartholomew Veterans’ Memorial Bridge.


Sec. 35.40.053. Joseph C. Williams, Sr., Coastal Trail.
The bike path adjacent to the South Tongass Highway is named the Joseph C. Williams, Sr., Coastal Trail.


Sec. 35.40.055. Clint Starnes Memorial Bridge.
The bridge over the Swanson River in the Captain Cook Park area is named the Clint Starnes Memorial Bridge.


Sec. 35.40.060. Charles E. Carney Memorial Bridge.
The bridge over the Little Susitna River on North Shushana Drive in the Matanuska-Susitna Borough is named the Charles E. Carney Memorial Bridge.


Sec. 35.40.065. Chief Eddie Hoffman Road.
The Bethel Airport road is named the Chief Eddie Hoffman Road.


Sec. 35.40.070. Bob Blodgett Nome-Teller Highway.
The road connecting Nome and Teller is named the Bob Blodgett Nome-Teller Highway.


Sec. 35.40.075. Ina Johnston Bridge.
Bridge number 1192 on Edgerton Park Road over the Little Susitna River is named Ina Johnston Bridge.


Sec. 35.40.080. Briggs Bridge.
Bridge number 1739 on Eagle River Loop Road over the Eagle River is named the Briggs Bridge.


Sec. 35.40.082. Sergeant James Bondsteel Bridge of Honor.
Bridge number 1121, across the Knik River in this state, is named the Sergeant James Bondsteel Bridge of Honor.


Sec. 35.40.085. Black Veterans Recognition Bridge.
Bridge number 503 on the Alaska Highway over the Gerstle River at milepost 1392 is named Black Veterans Recognition Bridge.


Sec. 35.40.090. Manvil H. Olson Bridge.
Bridge number 1030 off Schrock Road over the Little Susitna River is named the Manvil H. Olson Bridge.


Sec. 35.40.095. Mountain View Road.
State Route 296308 in Gustavus between the junction with the Good River Road and the boundary of the Glacier Bay National Park is named Mountain View Road.


Sec. 35.40.100. George W. Palmer Memorial Bridge.
Bridge number 1951 on the Old Glenn Highway over the Matanuska River is named the George W. Palmer Memorial Bridge.


Sec. 35.40.105. East Egan Drive.
That portion of the Richardson Highway in Valdez between the intersection with Meals Avenue and the east intersection with Mineral Creek Loop Road is renamed East Egan Drive.


Sec. 35.40.110. Robert B. Atwood Building.
The state office building at 550 West Seventh Avenue in Anchorage is named the Robert B. Atwood Building.


Sec. 35.40.113. Daniel R. Fauske Building.
The Alaska Housing Finance Corporation building at 4300 Boniface Parkway in Anchorage is named the Daniel R. Fauske Building.


Sec. 35.40.115. Herman Leirer Road.
Exit Glacier Road off the Seward Highway near Seward is renamed Herman Leirer Road.


Sec. 35.40.120. State Trooper Bruce A. Heck Memorial Corridor.
The portion of the Glenn Highway between milepost 128 and milepost 189 is concurrently designated as the State Trooper Bruce A. Heck Memorial Corridor.


Sec. 35.40.125. Terry Miller Legislative Office Building.
The building in Juneau known as Capital School is named the Terry Miller Legislative Office Building.


Sec. 35.40.130. Ted Stevens Anchorage International Airport.
The state-owned and state-operated international airport at Anchorage is named the Ted Stevens Anchorage International Airport.


Sec. 35.40.135. Alaska Native Veterans’ Honor Bridge.
The bridge over the Tanana River at mile 305 of the George Parks Highway is named the Alaska Native Veterans’ Honor Bridge.


Sec. 35.40.140. Joe Redington, Sr., Memorial Trail.
The portion of the Knik-Goose Bay Road in the Matanuska-Susitna Borough between milepost 0 and milepost 15 is concurrently designated as the Joe Redington, Sr., Memorial Trail.


Sec. 35.40.145. Fred Zharoff Memorial Bridge.
The Near Island Bridge in Kodiak is named the Fred Zharoff Memorial Bridge.


Sec. 35.40.150. Trooper Hans-Peter Lothar Roelle Memorial Weigh Station.
The northbound weigh station at mile 10.6 of the Glenn Highway is named the Trooper Hans-Peter Lothar Roelle Memorial Weigh Station.


Sec. 35.40.155. Officer Justin Todd Wollam Memorial Bike Trail.
The Glenn Highway bike trail is named the Officer Justin Todd Wollam Memorial Bike Trail.


Sec. 35.40.160. Mail Carrier Emil Wegner Memorial Corridor.
The portion of the Richardson Highway between milepost 10 and milepost 57 is concurrently designated as the Mail Carrier Emil Wegner Memorial Corridor.


Sec. 35.40.165. Wendy Ann Cogdell Memorial Rest Area.
The rest area on the Officer Justin Todd Wollam Memorial Bike Trail located near mile 8.7 of the Glenn Highway is named the Wendy Ann Cogdell Memorial Rest Area. A memorial monument may be placed in the rest area.


Sec. 35.40.170. Katelyn Ohmer Markley Bridge.
Bridge number 388 over Ohmer Creek at mile 20.2 on the Mitkof Highway south of Petersburg is named the Katelyn Ohmer Markley Bridge.


Sec. 35.40.175. William Ransom Wood Centennial Bridge.
Bridge number 1995 over the Chena River in Fairbanks is named the William Ransom Wood Centennial Bridge.


Sec. 35.40.180. Tom Madsen Airport.
The state airport at the City of Unalaska is named the Tom Madsen Airport.


Sec. 35.40.185. Sven Haakanson, Sr., Airport.
The state airport at Old Harbor is named the Sven Haakanson, Sr., Airport.


Sec. 35.40.190. Jack Coghill Bridge to the Interior.
Bridge number 216 over the Nenana River at Rex is named the Jack Coghill Bridge to the Interior.


Sec. 35.40.195. Charles Gamble Jr. — Donald Sperl Joint Use Facility.
The joint use student recreation center and National Guard readiness center built for the University of Alaska Southeast and the Department of Military and Veterans’ Affairs at Juneau is named the Charles Gamble Jr. — Donald Sperl Joint Use Facility.


Sec. 35.40.200. Ruth Burnett Sport Fish Hatchery.
The sport fish hatchery to be built in Fairbanks shall be named the Ruth Burnett Sport Fish Hatchery.


Sec. 35.40.205. Linny Pacillo Parking Garage.
The state parking garage being constructed in Anchorage north of the Robert B. Atwood Building is named the Linny Pacillo Parking Garage. The name of the facility honors Linny Pacillo, one of the original Anchorage “parking fairies,” who served the community as an agent of change through small acts of purposeful altruism.


Sec. 35.40.210. Purple Heart Trail.
 (a) The Alaska Highway from the Alaska-Canada border to Delta Junction and the Richardson Highway between Delta Junction and Fairbanks are concurrently designated the Purple Heart Trail.

 (b) The department shall erect and maintain appropriate signs facing the oncoming traffic in both directions entering the highway at Fairbanks, Delta Junction, Tok Junction, the Alaska border, and at points approximately halfway between those locations designating the highways described in (a) of this section as the Purple Heart Trail. Each sign must
     (1) display a replica of the Purple Heart Medal;

     (2) contain the following statement: “Purple Heart Trail.”

 (c) At not fewer than three pullouts along the Purple Heart Trail, selected by the commissioner, the department shall erect informational displays including
     (1) a replica of the Purple Heart Medal;

     (2) the following statement: “Purple Heart Trail”;

     (3) information pertinent to the Purple Heart Medal and Purple Heart Trail and their history.

 (d) The department shall determine the appropriate size for the signs to be erected under (b) of this section and informational displays described in (c) of this section.




Sec. 35.40.213. Sam Schuyler Memorial Bridge.
The bridge to be built on the Dalton Highway at approximately milepost 308 shall be named the Sam Schuyler Memorial Bridge.


Sec. 35.40.215. Shirley Demientieff Memorial Bridge.
The bridge over the Tanana River on the George Parks Highway directly north of the Alaska Native Veterans’ Honor Bridge is named the Shirley Demientieff Memorial Bridge.


Sec. 35.40.220. Thomas B. Stewart Legislative Office Building.
 (a) The Capitol Annex in Juneau known as the Scottish Rite Temple is named the Thomas B. Stewart Legislative Office Building.

 (b) The legislative council shall prepare and install an appropriate plaque dedicating the Thomas B. Stewart Legislative Office Building in memory of the Honorable Thomas B. Stewart.




Sec. 35.40.225. William Jack Hernandez Sport Fish Hatchery.
The state fish hatchery under construction on the Elmendorf Air Force Base in Anchorage scheduled to be completed in May 2011 is named the William Jack Hernandez Sport Fish Hatchery.


Sec. 35.40.227. Louis Miller Bridge.
The bridge over Hammer Slough on Nordic Drive in Petersburg is named the Louis Miller Bridge.


Sec. 35.40.230. Richard “Dewey” Duvall Ferry Terminal.
The South Mitkof Island ferry terminal is named the Richard “Dewey” Duvall Ferry Terminal.


Sec. 35.40.235. Walter L. Kubley Ketchikan Ferry Terminal.
The Ketchikan ferry terminal is named the Walter L. Kubley Ketchikan Ferry Terminal.


Sec. 35.40.240. Frank Palmer Auke Bay Ferry Terminal.
The ferry terminal located at Auke Bay in Juneau is named the Frank Palmer Auke Bay Ferry Terminal.


Sec. 35.40.245. Spc. Stephen “Max” Cavanaugh, Jr., Memorial Overpass.
The Dowling Road overpass at milepost 123.7 on the New Seward Highway is named the Spc. Stephen “Max” Cavanaugh, Jr., Memorial Overpass.


Sec. 35.40.250. Mark Hufford Trail.
The pathway parallel to the section of Eagle River Loop Road connecting Old Glenn Highway with North Parkview Terrace Loop is named the Mark Hufford Trail.


Sec. 35.40.255. Marie Smith Jones Bridge.
The bridge over the Eyak River at mile 5.7 of the Copper River Highway is named the Marie Smith Jones Bridge after Marie Smith Jones.


Sec. 35.40.260. Michael Dean Banta Bridge.
The Scott Glacier No. 1 bridge at mile 7.5 of the Copper River Highway is named the Michael Dean Banta Bridge.


Sec. 35.40.265. Warren Allen Paulsen Bridge.
The Scott Glacier No. 3 bridge at mile 8.1 of the Copper River Highway is named the Warren Allen Paulsen Bridge.


Sec. 35.40.270. David Alen Lape Bridge.
The Scott Glacier No. 5 bridge at mile 9.2 of the Copper River Highway is named the David Alen Lape Bridge.


Sec. 35.40.275. David Henry Elisovsky Bridge.
The Scott Glacier No. 7 bridge at mile 9.7 of the Copper River Highway is named the David Henry Elisovsky Bridge.


Sec. 35.40.280. Leonard F. Olson Bridge.
The Scott Glacier No. 9 bridge at mile 10.4 of the Copper River Highway is named the Leonard F. Olson Bridge.


Sec. 35.40.285. Norman D. Osborne Bridge.
The Scott Glacier No. 11 bridge at mile 11 of the Copper River Highway is named the Norman D. Osborne Bridge.


Sec. 35.40.290. Patrick A. Burchett Bridge.
The Sheridan Glacier East Channel bridge at mile 16.3 of the Copper River Highway is named the Patrick A. Burchett Bridge.


Sec. 35.40.295. John W. Jones Bridge.
The Flag Point West bridge at mile 26.7 of the Copper River Highway is named the John W. Jones Bridge.


Sec. 35.40.300. W. H. Mumby Bridge.
The Flag Point East bridge at mile 26.9 of the Copper River Highway is named the W. H. Mumby Bridge.


Sec. 35.40.305. Matthew Anderson Bridge.
The Round Island bridge at mile 27.6 of the Copper River Highway is named the Matthew Anderson Bridge.


Sec. 35.40.310. Lucian Platt Bridge.
Bridge number 334 at mile 34.6 of the Copper River Highway is named the Lucian Platt Bridge.


Sec. 35.40.315. Steve Green Bridge.
Bridge number 339 at mile 36.2 of the Copper River Highway is named the Steve Green Bridge.


Sec. 35.40.320. William M. Jones Bridge.
Bridge number 342 at mile 37 of the Copper River Highway is named the William M. Jones Bridge.


Sec. 35.40.325. James Bennett Bridge.
Bridge number 345 at mile 37.9 of the Copper River Highway is named the James Bennett Bridge.


Sec. 35.40.330. Minto-Al Wright Airport.
The state-owned airport at Minto, Alaska, also known as the Minto Al Wright Airport, is named the Minto-Al Wright Airport.


Sec. 35.40.335. Koyukuk Station Veterans’ Airport.
The state-owned airport at Koyukuk, Alaska, known as the Koyukuk Airport, is named the Koyukuk Station Veterans’ Airport.


Sec. 35.40.340. Greg Kruschek Avenue.
The state-owned Nome Bypass Road is named Greg Kruschek Avenue.


Sec. 35.40.345. Harry Kito Bridge.
The bridge over Falls Creek at mile 10.4 of the Mitkof Highway is named the Harry Kito Bridge after Lance Corporal Donald Harry Kito.


Sec. 35.40.350. Klawock-Frank Peratrovich Airport.
The state-owned airport at Klawock, known as the Klawock Airport, is named the Klawock-Frank Peratrovich Airport.


Sec. 35.40.355. Nellie “the original Mrs. Claus” Miller Bridge.
The northbound Chena Flood Channel Bridge, bridge number 1364, is named the Nellie “the original Mrs. Claus” Miller Bridge.


Sec. 35.40.356. Con “the original Santa Claus” Miller Bridge.
The southbound Chena Flood Channel Bridge, bridge number 1866, is named the Con “the original Santa Claus” Miller Bridge.


Sec. 35.40.358. Jim Andie and Robin Starrett Memorial Runway.
The runway at the state-owned airport in Akhiok is named the Jim Andie and Robin Starrett Memorial Runway.


Sec. 35.40.360. Kodiak Benny Benson State Airport.
The state-owned airport at Kodiak is named the Kodiak Benny Benson State Airport.


Sec. 35.40.362. Walter J. Hickel Parkway.
Minnesota Drive and the portion of O’Malley Road in Anchorage from Minnesota Drive to the New Seward Highway are designated the Walter J. Hickel Parkway.


Sec. 35.40.365. Lowell J. Ray Memorial Corridor.
That portion of East Blue Lupine Drive in Wasilla between Hyer Road and Hay Street is concurrently designated the Lowell J. Ray Memorial Corridor.


Sec. 35.40.370. Father Andrew P. Kashevaroff State Library, Archives, and Museum, and Representative Richard Foster Reading Room.
 (a) The state library, archives, and museum building in Juneau is named the Father Andrew P. Kashevaroff State Library, Archives, and Museum Building.

 (b) The public reading room in the state library, archives, and museum building in Juneau is named the Representative Richard Foster Reading Room.




Sec. 35.40.375. Kenny and Patti Barber Shooting Range.
The shooting range located near Mud Lake on Maud Road between Palmer and Butte in the Knik River Public Use Area is named the Kenny and Patti Barber Shooting Range.


Chapter 95. General Provisions.

Sec. 35.95.010. Purpose and intent.
The purpose of AS 35.05, AS 35.10, AS 35.15, and AS 35.20 is to establish a public works department capable of carrying out a public works planning and construction program that will provide public buildings necessary to efficient government, and boat harbors, jetties, dikes, and breakwaters necessary to the economy of Alaska communities, all of which is to the advantage and benefit of the general welfare of the public.


Sec. 35.95.100. Definitions.
In this title, unless the context requires otherwise,
     (1) “commissioner” means the commissioner of transportation and public facilities;

     (2) “construction” or a derivative of the term “construction” means construction, reconstruction, alteration, improvement, or major repair;

     (3) “cost of change, relocation, or removal” means the entire cost incurred by the utility properly attributed to the change, relocation, or removal of a facility, less any costs for improvements or upgrading over and above the cost of a functionally equal facility; if a facility is to be relocated and replaced with new equipment, there shall also be subtracted from the entire cost any salvage value derived from the old facility;

     (4) “department” means the Department of Transportation and Public Facilities;

     (5) “encroachment” includes a tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or a structure or object of any kind that is or has been placed in, on, under, or over a portion of a public facility;

     (6) “maintenance” means the preservation of each type of facility as nearly as possible in its original condition as constructed, or as improved;

     (7) “public building” means a building owned or controlled and held by the state for government or public use;

     (8) “public facility” or “public work” means a structure or project constructed or maintained by the department except airports and highways, and includes public buildings, boat harbors, port facilities, dikes, jetties, and breakwaters;

     (9) “utility” includes a corporation, company, individual, or association of individuals, or a lessee, trustee, or court-appointed receiver, that owns, operates, manages, or controls a line, plant, pipeline, or system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, coal or other mineral slurry, steam, heat, light, chemicals, air, sewage, drainage not connected with public facility drainage, irrigation, or similar products including publicly owned fire and police signal systems and street lighting systems that directly or indirectly serve the public or a segment of the public; “utility” also includes a corporation, company, individual, or association of individuals, or a lessee, trustee, or court-appointed receiver that owns, operates, manages, or controls any system for furnishing transportation of goods or persons by means of a railway, tramway, cableway, conveyor, flume, canal, tunnel, pipeline, or a similar means;

     (10) “utility facility” includes poles, plants, lines, trenches, bridges, utilidors, tunnels, pipelines, and any other system for furnishing, producing, generating, transmitting, or distributing power, electricity, communications, telecommunications, water, gas, oil, petroleum products, coal or other mineral slurry, steam, heat, light, chemicals, air, sewage, drainage not connected with a public facility drainage system, irrigation, or another substance; “utility facility” also includes a system for furnishing transportation of goods or persons by means of a railway, tramway, cableway, conveyor, flume, canal, tunnel, pipeline, or a similar means.




Title 36. Public Contracts.