NOTICE OF PROPOSED CHANGES IN BOND, LOAN, PROCUREMENT, AND SUSTAINABLE ENERGY TRANSMISSION SUPPLY PROGRAMS IN THE REGULATIONS OF THE ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY

BRIEF DESCRIPTION

The Alaska Industrial Development and Export Authority proposes to change regulations in its bond, loan, procurement and sustainable energy transmission and supply programs to comply with changes in its statutes. The Authority also proposes to change its procurement regulations on procurement exceptions, bid submissions, and proposal evaluations, and to increase dollar amounts.

The Alaska Industrial Development and Export Authority proposes to adopt regulation changes in Title 3 of the Alaska Administrative Code, dealing with its bond, loan, procurement and sustainable energy transmission and supply programs, including the following:

1. 3 AAC 99.230(c) is proposed to be changed as follows: increase the limit of a real property loan from $20,000,000 to $25,000,000

    

2. 3 AAC 99.330(c) is proposed to be changed as follows: increase the limit of a real property loan from $20,000,000 to $25,000,000

    

3. 3 AAC 99.550 is proposed to be changed as follows: increase the limit of bonds that may be issued from $10,000,000 to $25,000,000 to assist in the acquisition, financing, or operation of a development project without prior legislative approval

    

4. 3 AAC 100.050(b)(4) is proposed to be changed as follows: add language regarding contracts to assist in financing or developing a qualified energy development

    

5. 3 AAC 100.050(b)(5) is proposed to be changed as follows: add language to include Arctic infrastructure development

    

6. 3 AAC 100.050(b)(9) is proposed to be changed as follows: add language to include Arctic infrastructure development

    

7. 3 AAC 100.050(b)(10) is proposed to be changed as follows: adding a new section regarding transactions involving or for the benefit of any subsidiary entity of the authority that is part of a development project under AS44.88.172 or a qualified energy development under AS44.88.680 or an Arctic infrastructure development under AS44.88.830

    

8. 3 AAC 100.240(a) is proposed to be changed as follows: language requiring the submission of bids and proposals in sealed envelopes has been modified to allow for the electronic submission of such documents

    

9. 3 AAC 100.360(a) is proposed to be changed as follows: language requiring the submission of bids and proposals in sealed envelopes has been modified to allow for the electronic submission of such document

    

10. 3 AAC 100.370(b) is proposed to be changed as follows: language is changed requiring a procurement officer to evaluate proposals)

     

11. 3 AAC 100.460(b), (c) & (d) is proposed to be changed as follows: the reasonable and adequate limit has been increased from $5,000 to $10,000; the limit for verbal quotes has been increased from $5,000 to $10,000; the limit for written quotes has been increased from $25,000 to $50,000; the small procurement upper limit for construction projects has been increase from $100,000 to $200,000

     

12. 3 AAC 100.490 is proposed to be changed as follows: the non-competitive limit has been increased from $5,000 to $10,000 to match the limits set in 3 AAC 100.460

     

13. 3 AAC 100.580(a), (c) & (d) is proposed to be changed as follows: the small protest limit has been changed from $5,000 to $10,000 to match the limits set in 3 AAC 100.460

     

14. 3 AAC 101.030(a)(2) is proposed to be changed as follows: adding language stating the authority will not finance or acquire a qualified energy development that is subject to the limitations under AS 44.88.690(a)(3)

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Sherrie Siverson, AIDEA Executive Assistant at 813 West Northern Lights Boulevard, Anchorage, AK 99503.  Additionally, the Alaska Industrial Development and Export Authority will accept comments by facsimile at 907-771-3044 and by electronic mail at ssiverson@aidea.org.  The comments must be received no later than Friday, September 11, 2015.

Oral or written comments also may be submitted at a hearing to be held on Thu. September 3, 2015 in the AIDEA Board Room, 813 West Northern Lights Boulevard, Anchorage, AK 99503. The hearing will be held from 9:00 a.m. to 10:00 a.m. and might be extended to accommodate those present before 10:00 a.m. who did not have an opportunity to comment.

You may submit written questions relevant to the proposed action to Sherrie M. Siverson, AIDEA Executive Assistant at ssiverson@aidea.org, or by mail to 813 West Northern Lights Boulevard, Anchorage, AK 99503. The questions must be received at least 10 days before the end of the public comment period. The Alaska Industrial Development and Export Authority will aggregate its response to substantially similar questions and make the questions and response available on its website at www.aidea.org/About/Regulations.aspx. The Alaska Industrial Development and Export Authority may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Sherrie Siverson at 907-771-3008 no later than Tue. Sept 1, 2015 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System, on the AIDEA website at www.aidea.org/About/Regulations.aspx or by contacting Sherrie Siverson, AIDEA Executive Assistant at ssiverson@aidea.org, 813 West Northern Lights Boulevard, Anchorage, AK 99503, 907-771-3008.

After the public comment period ends, the Alaska Industrial Development and Export Authority will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 36.30.015; AS 44.88.050; AS 44.88.080; AS 44.88.085;

Statutes Being Implemented, Interpreted, or Made Specific: AS 36.30.015; AS 44.88.080; AS 44.88.085; AS 44.88.090; AS 44.88.155; AS 44.88.172; AS 44.88.680; AS 44.88.690; AS 44.88.830;

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: August 1, 2015 published         John C. Springsteen, Executive Director