Village Safe Water Act (Alaska Statutes: Title 46 Water, Air, Energy, and Environmental Conservation; Chapter 07)

10/1/2019 Alaska Statutes 2018 www.akleg.gov/basis/statutes.asp#45.66.090 1/3 Sec. 46.07.010. Statement of purpose. It is the purpose of this chapter to establish a program designed to provide safe water and hygienic sewage disposal facilities in villages in the state. Sec. 46.07.020. Provision of facilities. The commissioner shall institute and carry out a program to provide for the installation of safe water and hygienic sewage disposal facilities in villages in the state that are necessary to assure that there will be at least one facility for safe water and hygienic sewage disposal in each village. Sec. 46.07.030. Nature and location of facilities. (a) A facility constructed under authority of this chapter shall be available for use by the public and shall be designed to assure year round use. The facility shall include, at a minimum, a source of clean water, such as a well with pumping facilities or utilization of surface water treated so it is safe and healthful for use, shower bath facilities, an adequate means of hygienic sewage disposal, and facilities for the washing of clothes. The building housing the facility shall also contain, if the commissioner determines it to be feasible and appropriate, suitable quarters to be used as a community health service office. (b) The location of a facility constructed under this chapter shall be determined by the commissioner after consultation with the governing body of the village in which the facility is located, as well as with appropriate public agencies. The aim of the consultation is to achieve maximum coordination in public development plans and activities affecting the community in which the facility is to serve. Sec. 46.07.040. Construction of facilities. (a) The commissioner shall provide for the construction of facilities under this chapter, and is authorized to provide for the construction by contract or through grants to public agencies or private nonprofit organizations, or otherwise. A contribution toward the cost of the construction of a facility may not be required from its users. Construction under this section by contract is governed by AS 36.30 (State Procurement Code). (b) In the construction of a facility under this chapter, workers from the village in which the facility is being constructed shall be utilized to the maximum extent feasible. (c) In (a) of this section, “cost of the construction of a facility” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project. These include, but are not limited to, the costs of all necessary studies, surveys plans and specifications architectural engineering or other 10/1/2019 Alaska Statutes 2018 www.akleg.gov/basis/statutes.asp#45.66.090 2/3 surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property, and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary. Sec. 46.07.050. Operation of facilities. (a) It is the responsibility of the village governing body to maintain and operate the safe water and hygienic sewage disposal facility, and upon completion of the facility the commissioner shall execute the necessary transfers of title to vest complete ownership of the facility in the governing body. The commissioner may not construct a facility without first receiving satisfactory assurances from the village governing body that it will, upon completion of a facility, accept ownership and responsibility for the operation and maintenance of the facility. (b) Whenever the commissioner determines that the village governing body does not have sufficient financial resources to operate and maintain the facility, the commissioner may make grants to the governing body in amounts which, when combined with other financial assistance available to it, will enable the governing body to operate and maintain the facility. (c) When necessary, the commissioner may require the creation of a nonprofit corporation in the village and shall contract with this corporation in order to carry out the purpose of this chapter. The contract must provide that when an unincorporated community, which for purposes of this chapter is under contract to the state, subsequently is incorporated, then the contract terminates at the time of incorporation and the governing body of the newly incorporated city assumes the powers and duties set out in this chapter for the governing bodies of other incorporated cities. Sec. 46.07.060. Educational and informational program. The commissioner shall conduct, in each village where there is located a safe water and hygienic sewage disposal facility, an appropriate educational and informational program designed to familiarize the residents of the village as to the health advantages to be achieved by the utilization of the facility. Sec. 46.07.070. Economy of administration. In order to prevent duplication of effort and to promote economy of administration, the commissioner shall, to the maximum extent feasible, utilize the facilities of appropriate public agencies in the administration of the provisions of this chapter. 10/1/2019 Alaska Statutes 2018 www.akleg.gov/basis/statutes.asp#45.66.090 3/3 administration of the provisions of this chapter. Sec. 46.07.080. Definitions. In this chapter, (1) “commissioner” means the commissioner of environmental conservation; (2) “village” means (A) a second class city; (B) a first class city with a population of less than 1,000; (C) a home rule municipality with a population of less than 1,000; (D) the Annette Island Reserve established by 25 U.S.C. 495 for the Metlakatla Indian Community; (E) a community with a population between 25 and 1,000 that is represented by (i) a council organized under 25 U.S.C. 476 (sec. 16 of the Indian Reorganization Act); (ii) a traditional village council recognized by the United States as eligible for federal aid to Indians; or (iii) an incorporated nonprofit entity or Native village council that the Department of Commerce, Community, and Economic Development, with advice from the Department of Law, has determined is eligible to receive and spend a community assistance payment under AS 29.60.865, if the incorporated nonprofit entity or Native village council agrees to act as a village governing body for the purposes of this chapter and provides for the ongoing maintenance of a project funded under this chapter.