Alaska Statutes
Title 42. Public Utilities and Carriers and Energy Programs

Sec. 42.05.145. Telecommunications regulation policy; restriction on regulation of telephone directories. - (a) A utility that provides local exchange or interexchange telecommunications...

Sec. 42.05.151. Regulations and hearing procedures. - (a) The commission may adopt regulations, not inconsistent with the...

Sec. 42.05.161. Application of Administrative Procedure Act. - (a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure...

Sec. 42.05.171. Formal hearings. - A formal hearing that the commission has power to hold...

Sec. 42.05.175. Timelines for issuance of final orders. - (a) The commission shall issue a final order not later...

Sec. 42.05.181. Notice and hearing before final orders. - A final order of the commission compelling affirmative action, denying...

Sec. 42.05.191. Contents and service of orders. - Every formal order of the commission shall be based upon...

Sec. 42.05.201. Publication of reports, orders, decisions, and regulations. - All reports, orders, decisions, and regulations of the commission shall...

Sec. 42.05.211. Annual report. - The commission shall, by November 15 of each year, publish...

Article 2. Certificate of Public Convenience and Necessity.

Sec. 42.05.221. Certificates required. - (a) A public utility may not operate and receive compensation...

Sec. 42.05.231. Application. - Application for a certificate shall be in writing and shall...

Sec. 42.05.241. Conditions of issuance. - A certificate may not be issued unless the commission finds...

Sec. 42.05.251. Use of municipal public ways. - Public utilities have the right to a permit to use...

Sec. 42.05.254. Public utility regulatory cost charge. - (a) A regulated public utility or a certificated utility that...

Sec. 42.05.261. Discontinuance, suspension, or abandonment of certificated service. - (a) Except as otherwise provided in this section, a public...

Sec. 42.05.271. Modification, suspension, or revocation of certificates. - Upon complaint or upon its own motion the commission, after...

Sec. 42.05.281. Transfer of certificate. - A certificate may not be sold or leased, rented, transferred...

Article 3. Services and Facilities.

Sec. 42.05.291. Standards of service and facilities. - (a) Each public utility shall furnish and maintain adequate, efficient,...

Sec. 42.05.296. Telecommunications services for certain disabled subscribers. - (a) The commission shall adopt regulations to require telecommunications utilities...

Sec. 42.05.301. Discrimination in service. - Except as provided in AS 42.05.306, a public utility may...

Sec. 42.05.306. Discounted service and reduced rate. - A public utility may provide a discounted service or a...

Sec. 42.05.311. Joint use and interconnection of facilities. - (a) A public utility having sewers, conduits, utilidors, poles, pole...

Sec. 42.05.321. Failure to agree upon joint use or interconnection. - (a) In case of failure to agree upon the joint...

Sec. 42.05.331. Standards for measurement. - The commission shall establish by regulation adequate, fair, and realistic...

Sec. 42.05.341. Testing of meter standards. - The commission shall provide by regulation for the periodic testing...

Sec. 42.05.351. Testing of appliances. - The commission shall provide for the examination and testing of...

Article 4. Rates and Rate Schedules.

Sec. 42.05.361. Tariffs, contracts, filing, and public inspection. - (a) Under regulations the commission shall adopt, every public utility...

Sec. 42.05.365. Interest on deposits. - (a) A public utility may collect and retain a deposit...

Sec. 42.05.371. Adherence to tariffs. - The terms and conditions under which a public utility offers...

Sec. 42.05.381. Rates to be just and reasonable. - (a) All rates demanded or received by a public utility,...

Sec. 42.05.385. Charges for water and sewer line extensions. - (a) A water or sewer line extension may not be...

Sec. 42.05.391. Discrimination in rates. - (a) Except as provided in AS 42.05.306, a public utility...

Sec. 42.05.401. Apportionment of joint rates. - (a) If public utilities share in a joint rate the...

Sec. 42.05.411. New or revised tariffs. - (a) A public utility may not establish or place in...

Sec. 42.05.421. Suspension of tariff filing. - (a) When a tariff filing is made containing a new...

Sec. 42.05.431. Power of commission to fix rates. - (a) When the commission, after an investigation and hearing, finds...

Sec. 42.05.433. Review of certain contracts by the commission. - (a) A precedent agreement or contract entered into by a...

Sec. 42.05.441. Valuation of property of a public utility. - (a) The commission may, after providing reasonable notice and opportunity...

Article 5. Accounts, Records, and Reports.

Sec. 42.05.451. System of accounts and reports. - (a) The commission may classify the public utilities under its...

Sec. 42.05.461. Continuing property records. - The commission may require a public utility to establish, provide,...

Sec. 42.05.471. Depreciation rates and accounts. - (a) To provide for the loss in service value of...

Sec. 42.05.481. Separate Business Accounts. - A public utility engaged, directly or indirectly, in another business,...

Sec. 42.05.491. Records and accounts to be kept in state. - A public utility shall keep the books, accounts, papers, and...

Sec. 42.05.501. Inspection of books and records. - (a) The commission shall at all reasonable times have access...

Article 6. Financial and Management Regulation.

Sec. 42.05.511. Unreasonable management practices. - (a) The commission may investigate the management of a public...

Sec. 42.05.521. Impaired capital. - When the commission finds that the capital of a public...

Sec. 42.05.531. Distribution of surplus and profits. - The surplus and profits of a public utility shall be...

Article 7. Judicial Review, Penalties, and Enforcement.

Sec. 42.05.541. Effect of regulations. - Regulations adopted and issued by the commission in accordance with...

Sec. 42.05.551. Review and enforcement. - (a) All final orders of the commission are subject to...

Sec. 42.05.561. Injunctions and monetary sanctions. - (a) A person who violates a provision of AS 42.05.291...

Sec. 42.05.571. Civil penalties. - (a) In addition to all other penalties and remedies provided...

Sec. 42.05.581. Each violation a separate offense. - Each violation of a provision of this chapter or of...

Sec. 42.05.601. Actions to recover penalties; disposition. - (a) Actions to recover penalties under this chapter shall be...

Sec. 42.05.611. Penalties cumulative. - (a) All penalties imposed under this chapter are cumulative and...

Sec. 42.05.621. Joinder of actions. - Under the applicable court rules, appeals from orders of the...

Article 8. Miscellaneous Provisions.

Sec. 42.05.631. Eminent domain. - A public utility may exercise the power of eminent domain...

Sec. 42.05.641. Regulation by municipality. - The commission's jurisdiction and authority extend to public utilities operating...

Sec. 42.05.651. Expenses of investigation or hearing. - (a) During a hearing or investigation held under this chapter,...

Sec. 42.05.661. Application fees. - With each application relating to a certificate the applicant shall...

Sec. 42.05.671. Public records. - (a) Except as provided in (b) of this section, records...

Sec. 42.05.681. Validity of certain certificates. - A certificate issued before July 29, 1968, to a public...

Sec. 42.05.691. Utility classes. - The commission may by regulation provide for the classification of...

Sec. 42.05.711. Exemptions. - (a) The provisions of this chapter do not apply to...

Sec. 42.05.712. Deregulation ballot. - (a) A utility or cooperative that may elect to be...

Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements.

Sec. 42.05.750. On-bill financing of energy efficiency and conservation improvements; authorization and eligibility. - (a) A utility may enter into a written on-bill financing...

Sec. 42.05.751. Meter conservation charge. - (a) A meter conservation charge assessed under AS 42.05.750(a) may...

Sec. 42.05.752. Notice of on-bill financing agreement and meter conservation charge. - (a) A utility that enters into an on-bill financing agreement...

Sec. 42.05.753. Transferability of on-bill financing balances to subsequent owners. - A utility that enters into an on-bill financing agreement may...

Sec. 42.05.754. Rental property. - A utility may recover the costs under an on-bill financing...

Sec. 42.05.755. Third parties; contracting and liability. - (a) A utility may contract with a third party to...

Sec. 42.05.756. Definitions. - In AS 42.05.750 - 42.05.756, (1) “energy conservation system” includes...

Article 10. Electric Reliability Organizations, Plans, and Standards.

Sec. 42.05.760. Electric reliability organizations. - (a) An electric utility must participate in an electric reliability...

Sec. 42.05.762. Duties of an electric reliability organization. - An electric reliability organization shall (1) develop reliability standards that...

Sec. 42.05.765. Reliability standards. - (a) An electric reliability organization shall file each reliability standard...

Sec. 42.05.767. Electric reliability organization rules; approval. - An electric reliability organization shall file with the commission each...

Sec. 42.05.770. Regulations. - The commission shall adopt regulations governing electric reliability organizations, reliability...

Sec. 42.05.772. Duties of load-serving entities. - All load-serving entities, including load-serving entities otherwise exempt from regulation...

Sec. 42.05.775. Penalties. - (a) An electric reliability organization may impose a penalty on...

Sec. 42.05.780. Integrated resource planning. - (a) An electric reliability organization shall file with the commission...

Sec. 42.05.785. Project preapproval for large energy facilities. - (a) A public utility, including a public utility that is...

Sec. 42.05.790. Definitions. - In AS 42.05.760 - 42.05.790, (1) “cybersecurity incident” means a...

Article 11. Competitive Intrastate Long Distance Telephone Service.

Sec. 42.05.800. Findings. - The legislature finds that (1) modern, affordable, efficient, and universally...

Sec. 42.05.820. No municipal regulation. - A long distance telephone company or a local exchange carrier...

Sec. 42.05.830. Exchange access charges. - In providing for competition under AS 42.05.800 - 42.05.890, the...

Sec. 42.05.840. Universal service fund. - The commission may establish a universal service fund or other...

Sec. 42.05.850. Exchange carrier association. - The commission may require the local exchange carriers to form...

Sec. 42.05.860. Restrictions on resale of telecommunications services prohibited. - A telephone company may not prohibit or restrict the resale...

Sec. 42.05.890. Definitions. - In AS 42.05.800 - 42.05.890, (1) “local exchange carrier” means...

Article 12. General Provisions.

Sec. 42.05.990. Definitions. - In this chapter, (1) “affiliated interest” includes (A) a person...

Sec. 42.05.995. Short title. - This chapter may be cited as the Alaska Public Utilities...

Chapter 06. Pipeline Act

Article 1. Powers and Duties of Regulatory Commission of Alaska.

Sec. 42.06.055. Commission decision-making procedures. - The commission shall comply with AS 42.04.080 for matters that...

Sec. 42.06.140. General powers and duties. - (a) The commission (1) shall regulate pipelines and pipeline carriers...

Sec. 42.06.150. Powers and duties with respect to federally regulated carriers. - AS 42.06.140 applies to oil and gas pipeline carriers regulated...

Sec. 42.06.210. Publication of reports, orders, decisions, and regulations. - All reports, orders, decisions, and regulations of the commission shall...

Sec. 42.06.220. Annual report. - The commission shall, by November 15 of each year, publish...

Sec. 42.06.230. Jurisdiction of commission. - (a) Except as to jurisdiction of the Department of Law...

Article 2. Certificate of Public Convenience and Necessity.

Sec. 42.06.240. Certificate required; special requirements for North Slope natural gas. - (a) After January 1, 1974 a pipeline carrier, or person...

Sec. 42.06.245. Federally regulated carriers. - The requirements of this chapter pertaining to permits and certificates...

Sec. 42.06.250. Application. - Application for a certificate shall be made in writing to...

Sec. 42.06.260. Public hearings. - At least 30 days before issuing a certificate of convenience...

Sec. 42.06.270. Grant or denial of application. - (a) Unless governed by AS 42.06.240(b), a certificate shall be...

Sec. 42.06.280. Insurance and security. - The commission may require a lessee to procure and furnish...

Sec. 42.06.286. Pipeline carrier regulatory cost charge. - (a) A pipeline carrier operating in the state shall pay...

Sec. 42.06.290. Abandonment; discontinuance, and suspension of service. - (a) A pipeline carrier may not abandon or permanently discontinue...

Sec. 42.06.300. Modification, suspension, or revocation of certificates. - Upon complaint or upon its own motion the commission, after...

Sec. 42.06.305. Transfer of operating authority. - (a) Operating authority may not be transferred by sale or...

Article 3. Services and Facilities.

Sec. 42.06.310. Standards of service and facilities. - (a) Each oil or gas pipeline facility shall furnish and...

Sec. 42.06.320. Discrimination in service. - An oil or gas pipeline carrier may not, as to...

Sec. 42.06.330. Power of commission to allocate usage. - If the commission, upon its own motion or upon complaint,...

Sec. 42.06.340. Order for joint use or connection. - (a) When there is failure to agree upon the joint...

Article 4. Rates and Rate Schedules.

Sec. 42.06.350. Tariffs, contracts, filing, and public inspection. - (a) Under regulations adopted by the commission, every intrastate oil...

Sec. 42.06.360. Adherence to tariffs. - The terms and conditions under which a pipeline carrier offers...

Sec. 42.06.370. Rates to be just and reasonable. - (a) All rates demanded or received by a pipeline carrier,...

Sec. 42.06.380. Discrimination in rates. - (a) A pipeline carrier may not, as to rates, grant...

Sec. 42.06.390. Initial or revised rates. - (a) A pipeline carrier may not establish or place in...

Sec. 42.06.400. Suspension of tariff filing. - (a) When a tariff filing is made containing an initial...

Sec. 42.06.410. Power of commission to fix rates. - (a) When the commission, after an investigation and hearing, finds...

Sec. 42.06.420. Valuation of property of a pipeline carrier. - The commission may, after providing reasonable notice and opportunity to...

Article 5. Accounts, Records, and Reports.

Sec. 42.06.430. General provisions as to accounts, records, and reports. - To the extent necessary to the performance of the duties...

Sec. 42.06.440. Inspection of records. - (a) Subject to AS 31.05.035(c), the commission shall at all...

Sec. 42.06.445. Public records. - (a) Except as provided in (b) and (c) of this...

Sec. 42.06.450. Investigations. - The commission may investigate any matter that affects the cost...

Sec. 42.06.460. Designation of service agents. - Each pipeline carrier shall file with the commission a written...

Article 6. Enforcement Provisions.

Sec. 42.06.470. Effect of regulations. - Regulations adopted by the commission under this chapter have the...

Sec. 42.06.480. Review and enforcement. - (a) All final orders of the commission are subject to...

Sec. 42.06.530. Injunctions and monetary sanctions. - (a) The full amount of damages determined by a civil...

Sec. 42.06.540. Civil penalties. - (a) In addition to all other penalties and remedies provided...

Sec. 42.06.550. Each violation a separate offense. - Each violation of a provision of this chapter or of...

Sec. 42.06.560. Actions to recover damages and penalties; disposition. - (a) Actions to recover damages and penalties under this chapter...

Sec. 42.06.570. Penalties cumulative. - (a) All penalties imposed under this chapter are cumulative. (b)...

Sec. 42.06.580. Joinder of actions. - Under the applicable court rules, appeals from orders of the...

Sec. 42.06.590. Private cause of action. - (a) A person subjected to an unlawful rate, price, service,...

Article 7. General Provisions.

Sec. 42.06.601. Exemption. - An in-state natural gas pipeline subject to AS 42.08 and...

Sec. 42.06.605. Restrictions on commissioners and employees. - A member or employee of the commission may not have...

Sec. 42.06.607. Application fees. - The commission may establish reasonable fees to cover the costs...

Sec. 42.06.610. Expenses of investigation or hearing. - (a) During a proceeding held under this chapter, the commission...

Sec. 42.06.620. Classification. - The commission may by regulation provide for the classification of...

Sec. 42.06.630. Definitions. - In this chapter, (1) “affiliated interest” means any person or...

Sec. 42.06.640. Short title. - This chapter may be cited as the Pipeline Act.

Chapter 08. In-State Pipeline Contract Carrier

Article 1. Application of Chapter; Qualifications.

Sec. 42.08.010. Application of chapter. - (a) This chapter applies to the regulation of in-state natural...

Sec. 42.08.020. Qualification of the Alaska Gasline Development Corporation; findings. - (a) The Alaska Gasline Development Corporation is financially fit, willing,...

Article 2. Powers and Duties of Regulatory Commission of Alaska.

Sec. 42.08.220. General powers and duties. - (a) The commission shall (1) regulate, under the provisions of...

Sec. 42.08.230. Commission decision-making procedures. - The commission shall comply with AS 42.04.080(a) and expeditiously adjudicate...

Sec. 42.08.240. Publication of reports, orders, decisions, and regulations. - All reports, orders, decisions, and regulations of the commission shall...

Sec. 42.08.250. Application of Administrative Procedure Act. - (a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure...

Sec. 42.08.260. Annual report. - The commission shall include in its annual reports under AS...

Article 3. Contract Review; Contract Carriage Certificate; Open Seasons.

Sec. 42.08.300. Open seasons. - (a) An in-state natural gas pipeline carrier shall include in...

Sec. 42.08.310. Transportation service. - (a) Firm transportation service shall be made available only through...

Sec. 42.08.320. Review of certain contracts by the commission. - (a) An in-state natural gas pipeline carrier shall submit each...

Sec. 42.08.330. Contract carriage certificate. - (a) The owner of an in-state natural gas pipeline subject...

Sec. 42.08.340. Filing requirements; recourse tariffs. - (a) An in-state natural gas pipeline carrier shall file with...

Sec. 42.08.350. Initial or revised rates. - (a) An in-state natural gas pipeline carrier may not establish...

Sec. 42.08.370. Expansion; dispute resolution. - (a) A contract entered into by an in-state natural gas...

Sec. 42.08.380. Regulatory cost charge. - (a) Each year, a person operating an in-state natural gas...

Sec. 42.08.390. Effect of chapter on taxes and royalties. - Nothing in this chapter shall alter the calculation of a...

Article 4. Public Records; Investigations.

Sec. 42.08.400. Public records. - (a) Except as provided in (b) and (c) of this...

Sec. 42.08.410. Investigations. - The commission may investigate any matter for which an investigation...

Article 5. Accounts, Records, and Reports.

Sec. 42.08.440. Uniform system of accounts. - An in-state natural gas pipeline carrier operating under this chapter...

Sec. 42.08.450. Accounts; records; triennial reports; operating reserve fund. - (a) To the extent necessary for the commission to perform...

Article 6. General Provisions.

Sec. 42.08.510. Designation of service agents. - An in-state natural gas pipeline carrier shall file with the...

Sec. 42.08.520. Effect of regulations. - Regulations adopted by the commission under this chapter have the...

Sec. 42.08.530. Judicial review and enforcement. - (a) Except as provided in AS 38.35.200(c), a final order...

Sec. 42.08.540. Joinder of actions. - Under the applicable court rules, appeals from orders of the...

Sec. 42.08.900. Definitions. - In this chapter, (1) “affiliated” or “affiliated interest,” with respect...

Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping

Article 1. Ownership.

Sec. 42.20.010. Establishment by foreigners prohibited. - Cable lines owned or operated or controlled by persons not...

Article 2. Offenses Relating to Utilities.

Sec. 42.20.030. Civil liability for taking utility service and for damages to or interference with a utility line. - (a) A person is civilly liable to the utility whose...

Sec. 42.20.032. Presumption from use of unmetered utility service. - It is presumed that a person intended to deprive a...

Sec. 42.20.035. Jurisdiction. - The district court has jurisdiction of civil actions filed under...

Sec. 42.20.038. Definitions. - In AS 42.20.030 - 42.20.038, (1) “service” means a commodity,...

Sec. 42.20.040. Removal of instrument or meter or disconnecting of wire. - An agent or employee of a telephone or electric light...

Article 3. Emergency Calls on Party Lines.

Sec. 42.20.120. Refusal to yield to emergency calls; penalties. - A person who wilfully refuses to yield or surrender the...

Sec. 42.20.130. Pretext of emergency. - A person who asks for or requests the use of...

Sec. 42.20.140. Publication in telephone directory. - Every telephone directory published for distribution to the members of...

Sec. 42.20.150. Definitions. - In AS 42.20.120 - 42.20.150, (1) “emergency” means a situation...

Article 4. Communications, Eavesdropping, and Wiretapping.

Sec. 42.20.300. Unauthorized publication or use of communications. - (a) Except for a party to a private conversation, a...

Sec. 42.20.310. Eavesdropping. - (a) A person may not (1) use an eavesdropping device...

Sec. 42.20.320. Exemptions. - (a) The following activities are exempt from the provisions of...

Sec. 42.20.325. Duty to report. - A person who is an employee of a communications common...

Sec. 42.20.330. Penalty. - A person who violates any of the provisions of AS...

Sec. 42.20.390. Definitions. - In AS 42.20.300 - 42.20.390, unless the context otherwise requires,...

Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers

Article 1. Rights and Obligations of Public Utilities Operating in Cities.

Sec. 42.30.010. Use of streets and public places. - A person may not use the streets, alleys, or other...

Sec. 42.30.020. Duty to serve without discrimination and adopt regulations. - (a) Every person operating a public service plant or undertaking...

Sec. 42.30.030. Books of account. - Every person installing, operating, or maintaining a public service plant...

Sec. 42.30.040. Annual statement. - (a) During April of each year, each person engaged in...

Sec. 42.30.050. Penalty for failure to file annual report. - A person, firm, or corporation operating a public service plant...

Article 2. Transportation of Explosives.

Sec. 42.30.060. Prohibition of explosives on vessels or vehicles carrying passengers. - A person may not transport, carry, or convey dynamite, gunpowder,...

Sec. 42.30.070. Marking packages containing explosives. - The contents of every package containing an explosive or other...

Sec. 42.30.080. Penalty for violation. - A person who knowingly violates AS 42.30.060 or 42.30.070 is...

Sec. 42.30.090. Penalty for violation causing death or injury. - When death or bodily injury is caused by the explosion...

Sec. 42.30.100. Transportation of motor fuel not prohibited. - Nothing in AS 42.30.060 - 42.30.090 prohibits the transportation of...

Article 3. Safety Regulations Governing Transportation of Passengers in Vehicles.

Sec. 42.30.110. Escape doorway. - A person engaged in business in the state as a...

Sec. 42.30.120. Standing passengers. - Every passenger bus operating as a common carrier may transport...

Sec. 42.30.130. Enforcement. - The Department of Public Safety and every peace officer and...

Sec. 42.30.140. Penalties. - A person who violates AS 42.30.110 - 42.30.140, upon conviction,...

Article 4. Injury to Livestock by Railroads.

Sec. 42.30.150. Liability of railroad for injury to or death of livestock. - A person or the lessee or agent of a person...

Sec. 42.30.160. When railroad track considered fenced. - A railroad track is not fenced within the meaning of...

Sec. 42.30.170. Notice and filing of killing or injury. - Whenever livestock mentioned in AS 42.30.150 is killed or injured...

Sec. 42.30.180. Penalty for failure to file notice. - A person who neglects or fails to file or have...

Sec. 42.30.190. Action for killing or injury. - In an action for the recovery of the value of...

Article 6. Locating Underground Facilities.

Sec. 42.30.400. Excavator's notice of proposed excavation. - (a) Before beginning an excavation, an excavator shall give notice...

Sec. 42.30.410. Operator's response to request to locate; immunity related to unmarked or inaccurately marked facilities. - (a) An underground facility operator shall accept requests to locate...

Sec. 42.30.420. Responsibility of construction project owners. - The owner of a construction project that will require excavation...

Sec. 42.30.430. Obligations concerning the conduct of excavations. - (a) An excavator shall use reasonable care to avoid damaging...

Sec. 42.30.440. Penalties; injunctive relief. - (a) In addition to all other remedies provided by law,...

Sec. 42.30.450. Waiver of requirements by written agreement. - An operator and an excavator may, by written agreement, waive...

Sec. 42.30.460. Underground facility owner. - If the operator of an underground facility is not the...

Sec. 42.30.490. Definitions. - In AS 42.30.400 - 42.30.490, (1) “damage” means (A) the...

Chapter 40. Alaska Railroad Corporation

Article 1. Establishment and Organization.

Sec. 42.40.010. Establishment of the corporation. - There is established the Alaska Railroad Corporation. The corporation is...

Sec. 42.40.020. Board of directors. - (a) The powers of the corporation are vested in the...

Sec. 42.40.030. Term of office. - Except for the commissioner of commerce, community, and economic development...

Sec. 42.40.040. Vacancies. - (a) Except for the commissioner of commerce, community, and economic...

Sec. 42.40.050. Compensation and expenses. - (a) An appointed member of the board is entitled to...

Sec. 42.40.060. Board officers. - (a) The board shall elect from its membership a chairman...

Article 2. Management.

Sec. 42.40.100. Management by the board. - The board is responsible for the management of the corporation...

Sec. 42.40.110. Executive officers. - (a) The board shall appoint the chief executive officer of...

Sec. 42.40.120. Delegation. - (a) The board shall by rule delegate to the chief...

Article 3. Administrative Provisions.

Sec. 42.40.150. Meetings of the board. - (a) The chairman of the board shall call meetings of...

Sec. 42.40.160. Quorum and voting. - (a) Four voting members of the board constitute a quorum...

Sec. 42.40.170. Executive sessions. - (a) The question of holding an executive session shall be...

Sec. 42.40.180. Rules. - (a) The board shall adopt rules to carry out its...

Sec. 42.40.190. Emergency rules. - (a) The board shall establish in the bylaws of the...

Sec. 42.40.200. Validity of rules. - (a) Failure to mail notice to a person under AS...

Sec. 42.40.205. Application of AS 42.40.180 and 42.40.190. - Adoption of a rule is not subject to AS 42.40.180...

Sec. 42.40.210. Previously adopted rules and orders. - The board may provide by resolution that rules and orders...

Sec. 42.40.220. Public disclosure of information. - (a) Except as provided under (b) of this section, information...

Article 4. Powers and Duties.

Sec. 42.40.250. General powers. - In addition to the exercise of other powers authorized by...

Sec. 42.40.260. Annual report. - (a) Within 90 days following the end of the fiscal...

Sec. 42.40.270. Audits. - (a) The board shall have the financial records of the...

Sec. 42.40.280. State oversight reports. - (a) The board shall provide a state oversight report to...

Sec. 42.40.285. Legislative approval required. - Unless the legislature approves the action by law, the corporation...

Sec. 42.40.290. Long-range capital improvement and program plan. - (a) The corporation shall prepare and the board shall adopt...

Sec. 42.40.300. Use of corporation assets. - The corporation shall apply all money, property, other assets, and...

Sec. 42.40.310. Indemnification. - (a) The corporation may defend and indemnify a current or...

Article 5. Corporation Property.

Sec. 42.40.350. Land. - (a) The corporation shall receive from the United States and,...

Sec. 42.40.352. Sale of land not necessary for railroad purposes. - (a) The corporation may sell land if the board finds...

Sec. 42.40.355. Prohibition. - Notwithstanding any other provision in this chapter, the state-owned railroad...

Sec. 42.40.360. Request for land. - (a) The board may nominate federal land it determines may...

Sec. 42.40.370. Conveyance of land. - (a) Within 90 days after receiving a request under AS...

Sec. 42.40.380. Use of state land. - When emergency conditions require that track or other right-of-way fixtures...

Sec. 42.40.385. Eminent domain. - (a) The corporation may exercise the power of eminent domain...

Sec. 42.40.390. Land use rules. - The board may adopt exclusive rules governing land use by...

Sec. 42.40.400. Vacation of easements. - The corporation may vacate an easement acquired under this chapter...

Sec. 42.40.410. Federal land. - Except as provided in AS 42.40.285(5), the corporation may submit...

Sec. 42.40.420. Public use of railroad land. - Upon request of a municipality or the state, the corporation...

Sec. 42.40.430. Acquisition of government property. - The corporation, as an instrumentality of the state, may acquire...

Sec. 42.40.435. Exchange of land. - The corporation may exchange land subject to AS 42.40.285. The...

Sec. 42.40.440. Use of pesticides and herbicides. - Vegetation control involving the use of pesticides or herbicides on...

Sec. 42.40.450. Adverse possession. - No prescription or statute of limitations runs against the title...

Sec. 42.40.460. Extension of the Alaska Railroad. - (a) The corporation may delineate a proposed transportation corridor between...

Sec. 42.40.465. Extension of the Alaska Railroad to connect with the North American railroad system. - (a) The corporation may investigate extension of the Alaska Railroad...

Article 6. Financial Provisions.

Sec. 42.40.500. Limitation of liability. - A liability incurred by the corporation shall be satisfied exclusively...

Sec. 42.40.510. Fidelity bond. - The corporation shall obtain a fidelity bond in an amount...

Sec. 42.40.520. Insurance. - Except as provided in AS 42.40.310(b), the corporation shall protect...

Sec. 42.40.530. Revenue. - Revenue generated by or appropriated to the corporation shall be...

Sec. 42.40.540. Appropriations. - The corporation may request, with the concurrence of the governor,...

Article 7. Specific Projects.

Sec. 42.40.550. Extension of railroad to Fort Greely. - The corporation may acquire a transportation corridor between the existing...

Sec. 42.40.570. Kenai gasification project. - (a) The corporation may participate in a project consisting of...

Article 8. Bonds.

Sec. 42.40.600. General provisions. - (a) Upon receiving legislative approval under AS 42.40.285 the corporation...

Sec. 42.40.610. Negotiable instruments. - Bonds issued under this chapter and interest coupons attached to...

Sec. 42.40.620. Bonds eligible for investment. - Bonds issued under this chapter are securities in which all...

Sec. 42.40.630. Payment of bonds. - (a) The principal and interest on bonds of the corporation...

Sec. 42.40.640. Security for bonds. - In the discretion of the board, an issue of bonds...

Sec. 42.40.650. Independent financial advisor. - In negotiating the private or public sale of bonds to...

Sec. 42.40.660. Validity of signatures. - If an officer of the corporation whose signature or a...

Sec. 42.40.670. Validity of pledge. - (a) The pledge of assets or revenue of the corporation...

Sec. 42.40.675. Pledge of the state. - The state pledges to and agrees with the holders of...

Sec. 42.40.680. Remedies. - A holder of bonds issued under this chapter or of...

Sec. 42.40.690. Credit of state not pledged. - (a) The state and its political subdivisions are not liable...

Sec. 42.40.695. Public purpose of bonds. - Bonds of the corporation issued to finance the acquisition, construction,...

Sec. 42.40.700. Limitation on personal liability. - A board member or employee of the corporation is not...

Article 9. Personnel and Labor Relations.

Sec. 42.40.705. Political activities. - (a) Money, assets, or property of the corporation may not...

Sec. 42.40.710. Corporation employees. - (a) Employees of the Alaska Railroad are employees of the...

Sec. 42.40.720. Collective bargaining rights. - The provisions of AS 23.40.070 - 23.40.260 (Public Employment Relations...

Sec. 42.40.730. Railroad labor relations agency. - (a) The Alaska labor relations agency, established in AS 23.05.360,...

Sec. 42.40.740. Collective bargaining unit. - The railroad labor relations agency shall decide in each case,...

Sec. 42.40.750. Representatives and elections. - (a) The railroad labor relations agency shall investigate a petition...

Sec. 42.40.760. Unfair labor practices. - (a) The corporation or its agent may not (1) interfere,...

Sec. 42.40.770. Investigation and conciliation of complaints. - If a verified written complaint by or for a person...

Sec. 42.40.780. Complaint and accusation. - If the railroad labor relations agency fails to eliminate the...

Sec. 42.40.790. Orders and decisions. - If the railroad labor relations agency finds that a person...

Sec. 42.40.800. Enforcement by injunction. - The railroad labor relations agency may apply to the superior...

Sec. 42.40.810. Power to investigate and compel testimony. - (a) For the purpose of the investigations, proceedings, or hearings...

Sec. 42.40.820. Regulations. - The railroad labor relations agency shall adopt regulations under AS...

Sec. 42.40.830. Penalty for violation of order or decision. - A person who violates a provision of an order or...

Sec. 42.40.840. Mediation. - (a) If, after a reasonable period of negotiation over the...

Sec. 42.40.850. Strikes. - (a) Following a decision by the mediator to end the...

Sec. 42.40.860. Agreements. - (a) The Department of Administration may participate in labor negotiations...

Sec. 42.40.870. Organization dues and employee benefits; deduction and authorization. - Upon written authorization of an employee within a bargaining unit,...

Sec. 42.40.880. Exemption. - Notwithstanding the provisions of AS 42.40.870, a collective bargaining settlement...

Sec. 42.40.885. Prohibited acts. - (a) The corporation or an employee may not directly or...

Sec. 42.40.890. Definitions for AS 42.40.710 - 42.40.890. - In AS 42.40.710 - 42.40.890, (1) “election” means a proceeding...

Article 10. General Provisions.

Sec. 42.40.900. Claims. - (a) All claims and lawsuits involving activities of the railroad,...

Sec. 42.40.905. Notice of legal actions. - (a) The corporation shall notify the Department of Law within...

Sec. 42.40.910. Exemption from taxation. - (a) The exercise of the powers granted by this chapter...

Sec. 42.40.915. Transportation of members of the Alaska organized militia. - To the extent that space is available, the corporation shall...

Sec. 42.40.920. Application of existing laws. - (a) [Repealed, § 38 ch 168 SLA 1990.] (b) Unless...

Sec. 42.40.930. Conflicting laws inapplicable. - If provisions of this chapter conflict with the provisions of...

Sec. 42.40.935. Railroad facilities code compliance. - (a) Not later than two years after the date of...

Sec. 42.40.940. Sale or lease of the railroad. - (a) The governor may provide for the sale or lease...

Sec. 42.40.950. Reversion of assets. - Except as provided in AS 42.40.940, if the corporation ceases...

Sec. 42.40.980. Definitions. - In this chapter unless the context otherwise requires, (1) “board”...

Sec. 42.40.990. Short title. - This chapter may be referred to as the Alaska Railroad...

Chapter 45. Rural and Statewide Energy Programs

Article 1. Power Assistance Programs.

Sec. 42.45.010. Power project fund. - (a) The power project fund is established as a separate...

Sec. 42.45.020. Rural electrification revolving loan fund. - (a) The rural electrification revolving loan fund is established in...

Sec. 42.45.040. Southeast energy fund. - (a) The Southeast energy fund is established as a separate...

Sec. 42.45.045. Renewable energy grant fund and recommendation program [See delayed repeal note]. - (a) A renewable energy grant fund is established as a...

Sec. 42.45.065. Reimbursement for costs of power projects. - (a) Subject to appropriations for the purpose, during each fiscal...

Article 2. Power Cost Equalization Endowment Fund.

Sec. 42.45.070. Power cost equalization endowment fund established. - (a) The power cost equalization endowment fund is established as...

Sec. 42.45.080. Powers and duties of the commissioner of revenue. - (a) The commissioner of revenue is the fiduciary of the...

Sec. 42.45.085. Use of the power cost equalization endowment fund. - (a) Five percent of the amount determined by the commissioner...

Sec. 42.45.099. Definition. - In AS 42.45.070 - 42.45.099, “fund” means the power cost...

Article 3. Power Cost Equalization and Rural Electric Capitalization.

Sec. 42.45.100. Power cost equalization and rural electric capitalization fund. - (a) The power cost equalization and rural electric capitalization fund...

Sec. 42.45.110. Entitlement to power cost equalization. - (a) The costs used to calculate the amount of power...

Sec. 42.45.115. Exclusion from eligibility. - (a) Notwithstanding the definition of “eligible electric utility” in AS...

Sec. 42.45.120. Notice to customers. - If an electric utility receives power cost equalization under AS...

Sec. 42.45.130. Cost minimization. - (a) In order to qualify for power cost equalization, each...

Sec. 42.45.140. Customer petitions. - If the authority receives a petition requesting power cost equalization,...

Sec. 42.45.150. Definitions for AS 42.45.100 - 42.45.150. - In AS 42.45.100 - 42.45.150, (1) “commission” means the Regulatory...

Sec. 42.45.160. Adjustments to power cost equalization. - (a) The commission may adjust the power cost equalization per...

Sec. 42.45.170. Equalization assistance to unregulated utilities. - (a) An electric utility that is not subject to rate...

Sec. 42.45.180. Grants for utility improvements. - (a) The authority may make a grant from the fund...

Sec. 42.45.190. Definition for AS 42.45.100 - 42.45.190. - In AS 42.45.100 - 42.45.190, “fund” means the power cost...

Article 4. Bulk Fuel Revolving Loan Fund.

Sec. 42.45.250. Bulk fuel revolving loan fund. - (a) The bulk fuel revolving loan fund is established in...

Sec. 42.45.260. Bulk fuel loan account; loans. - (a) The bulk fuel loan account is established as a...

Sec. 42.45.270. Bulk fuel bridge account; loans. - (a) The bulk fuel bridge loan account is established as...

Sec. 42.45.280. Bulk fuel loan and bulk fuel bridge loan interest rates. - (a) Except as provided under (b) and (c) of this...

Sec. 42.45.299. Definitions. - In AS 42.45.250 - 42.45.299, unless the context otherwise requires,...

Article 5. Joint Action Agencies.

Sec. 42.45.300. Joint action agencies. - Two or more public utilities may form a joint action...

Sec. 42.45.310. Acquisition of power project. - (a) Two or more public utilities that purchase power from...

Sec. 42.45.320. Liability, indemnification, and insurance. - (a) A protected person is not individually liable for conduct...

Article 6. Water-Power Development Projects.

Sec. 42.45.350. Licensing of water-power development projects. - (a) The Regulatory Commission of Alaska shall adopt regulations to...

Article 8. Miscellaneous Provisions.

Sec. 42.45.900. Assistance to rural utilities. - (a) The authority shall provide technical assistance to rural utilities...

Sec. 42.45.910. Relationship with private sector. - The authority shall, to the maximum extent feasible, carry out...

Article 9. General Provisions.

Sec. 42.45.990. Definitions. - In this chapter, unless the context otherwise requires, (1) “authority”...

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Alaska Statutes Title 42. Public Utilities and Carriers and Energy Programs

Alaska Statutes
Title 42. Public Utilities and Carriers and Energy Programs