The purpose of a regional solid waste management authority is to provide environmentally sound and cost-effective management of solid waste, including storage, collection, transportation, separation, processing, recycling, and disposal, to protect the public health, safety, and welfare; improve the environment of the state; recover resources and energy; and prevent pollution.
(a) A regional solid waste management authority may be created in one of the following ways: (1) the governing body of a municipality may, by ordinance, create a regional solid waste management authority as a public corporation of the municipality; (2) the governing bodies of two or more municipalities may, by substantially identical ordinances adopted […]
(a) The enabling ordinance creating a regional solid waste management authority must provide for the manner by which a regional solid waste management authority may be dissolved. (b) If an authority ceases to exist, its assets shall be distributed to each municipality that was participating in the authority on the day before the date of […]
(a) A municipality may transfer and otherwise convey or lease real property and improvements to real property to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.805. (b) A municipality may transfer and otherwise assign or lease personal property to an authority for use by […]
(a) If provided in the enabling ordinance, an authority may (1) sue and be sued; (2) have a seal and alter it; (3) acquire an interest in a project as necessary or appropriate to provide financing for the project, whether by purchase, gift, or lease; (4) lease to others a project acquired by the authority […]
(a) If authorized by the enabling ordinance, an authority may borrow money and issue bonds on which the principal and interest are payable (1) exclusively from the income and receipts of, or other money derived from, the project financed with the proceeds of the bonds; (2) exclusively from the income and receipts of, or other […]
Bonds issued under AS 29.35.825 are securities in which public officers and public bodies of the state and its political subdivisions, insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds may be deposited with […]
The pledge of revenue of an authority to the payment of the principal of or interest on bonds or notes of the authority is valid and binding from the time the pledge is made, and the revenue is immediately subject to the lien of the pledge without physical delivery or further act. The lien of […]
(a) The state and municipalities participating in an authority are not liable for the debts of that authority. Bonds issued under AS 29.35.825 are payable solely from the revenue of the authority and do not constitute a (1) debt, liability, or obligation of the state or a municipality; or (2) pledge of the faith and […]
The state and municipalities participating in an authority pledge to and agree with the holders of bonds issued under AS 29.35.825 and with the federal agency, if any, that loans or contributes funds for a project of the authority that the state and the municipalities participating in the authority will not limit or alter the […]
A liability incurred by an authority shall be satisfied exclusively from the assets or revenue of the authority. A creditor or other person does not have a right of action against the state or a municipality participating in an authority because of a debt, obligation, or liability of an authority.
A board member or employee of an authority is not subject to personal liability or accountability because of the execution or issuance of bonds.
An authority shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances of that authority. A fidelity bond must be in effect during the entire tenure in office of the bonded person.
An authority may not levy an income or other tax.
(a) An authority exercising the powers granted by the enabling ordinance under AS 29.35.800 – 29.35.925 is in all respects for the benefit of the people of the municipalities participating in the authority and the people of the state in general, for their well-being and prosperity, and for the improvement of their social and economic […]
(a) An authority shall be governed by a board of directors, which shall exercise the powers of the authority. The enabling ordinance establishing the authority under AS 29.35.805 must specify the number, qualifications, manner of appointment or election, and terms of members of the board. (b) The board shall appoint a chief executive officer of […]
(a) A collective bargaining agreement for employees of the state or its political subdivisions who are transferred to an authority under AS 29.35.800 – 29.35.925 remain in effect for the term of the agreement or one year, whichever is longer, and are binding on the authority unless the parties agree to the contrary before the […]
(a) A board shall adopt bylaws and appropriate regulations consistent with the enabling ordinance to carry out its functions and purposes. (b) A board shall adopt bylaws as soon after the authority is established as possible and may, from time to time, amend those bylaws. The bylaws may contain any provision not in conflict with […]
An authority established under AS 29.35.805 is subject to AS 40.25.110 – 40.25.220 and to AS 44.62.310 – 44.62.319 (Open Meetings Act).
Within 90 days following the end of the fiscal year of an authority, the board shall distribute to the mayor and governing body of each municipality participating in the authority a report describing the operations and financial condition of the authority during the preceding fiscal year. The report may include suggestions for legislation relating to […]
