(a) The Alaska energy efficiency revolving loan fund is established in the corporation to carry out the purposes of this section. The revolving loan fund consists of money or assets appropriated or transferred to the corporation for the revolving loan fund, including money and assets deposited in the revolving loan fund by the corporation and earnings on investments of money held in the revolving loan fund. The corporation may establish separate accounts in the fund. The corporation shall establish the interest rates, security provisions, and other terms of a loan made under this section taking into consideration the corporation’s cost of funds and other factors the corporation considers appropriate.
Terms Used In Alaska Statutes 18.56.855
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Deed: The legal instrument used to transfer title in real property from one person to another.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) Money and other assets of the Alaska energy efficiency revolving loan fund may be used to
(1) make loans to regional educational attendance areas or to municipal governments, including subdivisions of municipal governments, to the University of Alaska, or to the state for the purpose of financing energy efficiency improvements to buildings owned by regional educational attendance areas, by the University of Alaska, by the state, or by municipalities in the state;(2) secure bonds issued by the corporation to finance the loans described in (1) of this subsection;(3) pay costs of administering the revolving loan fund; and(4) pay the costs of administering and enforcing the terms of loans made by the corporation from the revolving loan fund.(c) Before a regional educational attendance area, the University of Alaska, a municipal government, or a subdivision of a municipal government, may borrow money from the corporation under this section, the regional educational attendance area, the University of Alaska, or the municipal government shall waive any sovereign immunity defense it may have available to it with respect to enforcement of the terms of the loan. A regional educational attendance area, the University of Alaska, or a municipal government may waive sovereign immunity to comply with the requirement of this subsection. The state waives any sovereign immunity defense against enforcement of the terms of a loan made to the state under this section. A person or corporation having a claim under this section shall bring an action in a state court in Alaska that has jurisdiction over the claim.(d) All regional educational attendance areas and municipal governments in the state and the University of Alaska are authorized to borrow from the corporation under this section. The corporation shall set out the terms of a loan to a regional educational attendance area in a loan agreement or similar document. At the discretion of the corporation, a borrowing by a regional educational attendance area, the University of Alaska, or a municipal government under this section may be effected by use of a loan agreement or similar document evidencing and setting out the terms of the loan or by issuance of a bond by the municipal government to the corporation. Notwithstanding a charter provision requiring public sale by a regional educational attendance area or a municipality of its municipal bonds or other indebtedness, a regional educational attendance area or municipality may sell its bonds under this section to the corporation at a negotiated, private sale. At the discretion of the corporation, the bonds or other indebtedness of the municipality may be general obligations of the municipality or may be secured by an identified revenue source or by a combination of the full faith and credit of the municipality and an identified revenue source.(e) Notwithstanding any other provision of law, to the extent that a department or agency of the state is the custodian of money payable to a regional educational attendance area, to the University of Alaska, or to a municipality, at any time after written notice to the department or agency head from the corporation that the regional educational attendance area, the University of Alaska, or the municipality is in default on the payment of principal of or interest on municipal bonds or other indebtedness then held or owned by the corporation, or amounts due under an agreement between the corporation and a regional educational attendance area, the University of Alaska, or a municipality, the department or agency shall withhold the payment of that money from that regional educational attendance area, the University of Alaska, or that municipality and pay over the money to the corporation for the purpose of paying the principal of and interest on the bonds or indebtedness. The notice must be given in each instance of default. If a notice is given under this subsection and under Alaska Stat. § 44.85.170 and the default is continuing under this subsection and under Alaska Stat. § 44.85.170, the department or agency shall make payment to the corporation and to the Alaska Municipal Bond Bank Authority on a pro rata basis, taking into consideration the principal amount of the respective default amounts.(f) An authorized state officer may borrow from the corporation under this section for buildings owned by the state. The superintendent of a regional educational attendance area, at the direction of the regional educational attendance area school board, may borrow from the corporation under this section for buildings owned by the regional educational attendance area. The president of the University of Alaska, at the direction of the Board of Regents, may borrow under this section for buildings owned by the University of Alaska.(g) In addition to other security that may be given with respect to a loan made under this section, the corporation may require a deed of trust on the building that is the subject of the energy efficiency loan and the real estate on which the building is located. A regional educational attendance area, the University of Alaska, or a municipality may grant a deed of trust to the corporation as needed for this purpose. An authorized state officer may grant a deed of trust to the corporation as needed for this purpose.(h) The corporation shall administer the Alaska energy efficiency revolving loan fund in accordance with regulations adopted by the corporation. The corporation may adopt regulations under Alaska Stat. § 18.56.088 to carry out the purposes of this section.(i) This section applies to home rule municipalities.(j) In this section, “authorized state officer” means
(1) the commissioner of the department of the state for a building owned by the state;(2) the executive director of a public corporation for a building owned by the public corporation;(3) the legislative council for a building owned by the legislature;(4) the administrative director of the Alaska Court System for a building owned by the judicial system;(5) any other person designated in writing by a person listed in (1) – (4) of this subsection.
