Title 35 — Public Buildings, Works, and Improvements
10 chapters · 154 sections in this title.
AS 35.05.010 Planning and procurement.
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The department is responsible for the planning and procurement of public works through lease or construction except as provided for court facilities in AS 22.05.025. Contracts for planning and procurement of public works are governed by AS 36.30 (State Procurement Code).
AS 35.05.020 Regulations.
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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.
AS 35.05.030 Duties of department.
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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.
AS 35.05.040 Powers of department.
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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 exc…
AS 35.05.050 Federal aid.
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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 constru…
AS 35.05.060 State assumption of nonfederal flood control project costs.
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[Repealed or reserved.]
AS 35.07.010 [Renumbered as AS 35.05.060.]
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[Repealed or reserved.]
AS 35.10.010 Standard plans and specifications and limitation on cost.
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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 t…
AS 35.10.015 Accessibility of public buildings and facilities.
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(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…
AS 35.10.020 Consultation with municipal planning commissions. [Repealed, § 4 ch 143 SLA 1977. For current law, see AS 35.30.]
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[Repealed or reserved.]
AS 35.10.025 Compliance with local building codes.
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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.
AS 35.10.030 Inspecting and supervising public works construction.
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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 fu…
AS 35.10.040 Failure of contractor to perform work.
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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 leg…
AS 35.10.050 Duty of department to examine and report on existing public buildings.
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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.
AS 35.10.060 Inspection and testing of materials.
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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.
AS 35.10.070 Research on public works.
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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 natura…
AS 35.10.080 Statement of work authorized, completion schedule, and recommendations.
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Article 2. Boat Harbor, Dike, Jetty, and Breakwater Facilities. 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 recommen…
AS 35.10.090 Application for federal funds.
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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 t…
AS 35.10.100 Determining need and priority of projects.
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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…
AS 35.10.110 Contracting with communities for local participation.
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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 w…
AS 35.10.120 Lease or sale of marine or harbor facilities.
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Article 3. Financial Provisions. 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 fund…
AS 35.10.130 Construction within appropriations and limits imposed by the legislature.
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Each public work shall be constructed in a completed manner within the appropriation and limits imposed by the legislature.
AS 35.10.135 Public facility planning fund.
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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 obli…
AS 35.10.140 Secs. 35.10.140 — 35.10.150. Prohibitions and penalties. [Repealed, § 21 ch 166 SLA 1978.]
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Article 4. Public Facility Procurement Policy.
AS 35.10.160 Findings and purpose.
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The legislature finds that since the needs of the state for physical facilities of all kinds are diverse, the planning, design, and procurement of public facilities through lease or construction should be executed in accordance with facility procurement policies developed by the …
AS 35.10.170 Duties of department.
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In addition to other duties prescribed by statute, the department shall (1) develop facility procurement policies for the planning, design, lease, construction, maintenance, and operation of public facilities of the state; (2) develop and maintain an inventory of physical facilit…
AS 35.10.180 Physical facility procurement and planning policies.
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(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 …
AS 35.10.190 Coordination by department.
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(a) The department shall coordinate the procurement of physical facilities through lease or construction 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 facili…
AS 35.10.195 Conformance with AS 36.30.
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The contractual techniques for the procurement of labor, materials, and contractual services, including facility procurement through lease or construction, under this chapter must conform to the requirements of AS 36.30 (State Procurement Code).
AS 35.10.200 Definitions.
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Article 5. Utilities and Encroachments in Public Facilities. In AS 35.10.160 — 35.10.200, (1) “life cycle costs” means analytic techniques that provide data to describe the first cost of procurement of public facilities through lease or construction, and the maintenance cost, ope…
AS 35.10.210 Use of public facilities for utilities.
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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. T…
AS 35.10.220 Relocation of utility facilities incident to public facility projects.
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(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 faci…
AS 35.10.230 Encroachment permits.
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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…
AS 35.10.240 Relocation or removal of encroachment.
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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 …
AS 35.10.250 Unauthorized encroachments.
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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.
AS 35.10.260 Notice of removal of unauthorized encroachment.
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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 …
AS 35.10.270 Removal after noncompliance; removal expense.
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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 p…
AS 35.15.010 Construction by department.
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(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,…
AS 35.15.020 Request for public bids.
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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 m…
AS 35.15.030 Advertisement, bids, contracts, and informal bids. [Repealed, § 67 ch 106 SLA 1986.]
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[Repealed or reserved.]
AS 35.15.040 Procedures for the award of contracts.
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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.
AS 35.15.050 Award of contracts. [Repealed, § 67 ch 106 SLA 1986.]
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[Repealed or reserved.]
AS 35.15.060 Prior contracts unaffected. [Repealed, § 56 ch 14 SLA 1987.]
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Article 2. Local Control of Public Works Projects.
AS 35.15.080 Local control of state public works projects.
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(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 mun…
AS 35.15.090 Use of appropriated funds.
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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…
AS 35.15.100 Responsibility of department.
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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…
AS 35.15.110 Title to site and completion of project.
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(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…
AS 35.15.120 Definitions.
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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 buil…
AS 35.20.010 Acquisition of land, rights-of-way, and materials by purchase or eminent domain.
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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…
AS 35.20.020 Declaration of taking.
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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 effe…