AS Title 26, Chapter 30: Military Facility Zones

Chapter 30. Military Facility Zones. Sec. 26.30.005. Military facility zones. The Department of Military and Veterans' Affairs may establish military facility zones in this state in accordance with this chapter. Sec. 26.30.010. Application for a military facility zone. (a) The adjutant general may accept applications for designation of a military facility zone or expansion of a military facility zone. The adjutant general shall by regulation specify the content of, and submission requirements for, the application. (b) The chief executive officer or governing body of a municipality may apply for an area to be designated as a military facility zone or for expansion of an existing military facility zone as follows: (1) a municipality may apply for an area within its boundaries; (2) a borough may apply on behalf of a city located in the borough, for an area within the boundaries of the city only with the prior consent of the city; (3) two or more municipalities may jointly apply for an area within the common boundaries of the municipalities. (c) The application must contain the information and be submitted in the form and manner required by the adjutant general and must provide (1) a statement that the applicant has examined the feasibility of creating industry, development, and educational or training opportunities for employers and employees of business entities located or to be located in the proposed military facility zone; and (2) approval of the application by ordinance of the governing body of the applicant, except that, for an area in the unorganized borough that is not in a municipality, the approval must be by law. (d) On receiving an application under this section or an application for expansion under AS 26.30.040 , the adjutant general shall give notice of the application to the following: (1) the legislature; (2) the commissioner of commerce, community, and economic development; (3) the executive director of the Alaska Industrial Development and Export Authority; (4) the executive director of the Alaska Housing Finance Corporation; (5) the public; the notice under this paragraph shall be made by posting on the Alaska Online Public Notice System ( AS 44.62.175 ). (e) The adjutant general shall solicit comments on the application. Notice of the solicitation shall be placed on the Alaska Online Public Notice System ( AS 44.62.175 ). Sec. 26.30.020. Criteria for designation as a military facility zone; priority considerations. (a) The adjutant general may designate an area as a military facility zone only if the area in the state (1) is in close proximity to a facility; (2) directly supports the military application of a facility; (3) is zoned for industrial or economic development, residential use, and workforce training or education beneficial to the facility; and (4) is in an area with inadequate infrastructure to support the continued or expanded operations of the facility. (b) The adjutant general may give priority consideration to an area for designation as a military facility zone if the area is of strategic importance to the economic development interests of the municipality. (c) The adjutant general shall consider the following factors before designating an area as a military facility zone: (1) whether the proposed military facility zone designation is consistent with the comprehensive plan of the municipality or local zoning ordinances; (2) whether it is feasible to develop sites within the proposed zone for purposes of industrial or economic development, residential use, and workforce training or education beneficial to the facility; (3) whether the municipality has targeted the area for revitalization in a plan or ordinance; (4) the relationship between the area and a military facility subject to realignment or closure under 10 U.S.C. 2687, as amended, or a successor statute or the effect of the realignment or closure on the area; (5) the availability, cost, and condition of existing business and educational facilities to support the military facility or facility of a civilian agency; (6) the difference between the median annual income of residents of the area and the median annual income of residents of the state and region, and the number of residents who receive public assistance; (7) the number of residents of the area who receive unemployment, and the ability of the municipality to improve social and economic conditions of the area; (8) the need for financing for small businesses that would improve social and economic conditions in the area; (9) any plans or financial commitments of municipalities to improve the area; (10) any plans or financial commitments of private entities to improve the area; (11) the municipality's participation in economic development activities, including proposals for public or private development; (12) support from community or business organizations in the area; (13) the availability of workforce readiness programs, including workforce recruiting and training support or educational research and curriculum support in the area; (14) the availability or plans for the creation of workforce housing options for residents of the area; and (15) the fiscal effect on the state if the area were to be designated a military facility zone. (d) In considering the factors under (c) of this section, the Department of Military and Veterans' Affairs may rely on the information provided by a municipality and may not be held liable for civil damages resulting from a military facility zone designation that is based on inaccurate or incomplete information provided by a municipality. Sec. 26.30.030. Designation of military facility zones. (a) Within 60 days after receiving an application under AS 26.30.010 submitted in compliance with this chapter, after considering comments under AS 26.30.010 (e), the adjutant general may designate a military facility zone. The adjutant general shall specify the location and boundaries of the military facility zone. (b) The designation of an area as a military facility zone is effective for 20 years, beginning on the date the adjutant general designates the area as a military facility zone. (c) Unless the area of the municipality exceeds 500 square miles, only two military facility zones may be in effect in a municipality at one time. (d) The decision of the adjutant general on an application to designate a military facility zone is a final administrative order subject to appeal to the superior court for review in the manner provided under AS 44.62.560 . Sec. 26.30.040. Expansion of a military facility zone. (a) Within 60 days after receiving an application for expansion of a zone submitted by a municipality in compliance with AS 26.30.010 , the adjutant general may expand the zone, if the applicant demonstrates that the expanded area meets the requirements of AS 26.30.020 . (b) The adjutant general may grant up to two applications for expansion of a military facility zone in each calendar year for an area that (1) meets the requirements of AS 26.30.020 ; and (2) has strategic importance to the economic development of the municipality. (c) The limit in AS 26.30.030 (c) does not apply to an expansion of a military facility zone that does not exceed 50 percent of the area of the existing zone or to an expansion of a zone under (b) of this section. Sec. 26.30.050. Military facility zone authorities. (a) If a military facility zone is within the boundaries of only one municipality, the municipality may create a military facility zone authority for the zone. (b) If a military facility zone includes areas within the boundaries of more than one municipality, the municipalities may, by agreement, create a military facility zone authority for the zone. Sec. 26.30.060. Benefits in military facility zones. (a) A municipality in which a military facility zone is located or a military facility zone authority for a military facility zone may receive (1) financing for one or more projects in the military facility zone from the Alaska Industrial Development and Export Authority or the Alaska Housing Finance Corporation; (2) funding for one or more projects from any other available source of federal, state, or local public or private funding, credit, or guarantee programs. (b) A municipality in which a military facility zone is located, a military facility zone authority for a military facility zone, or a business entity located in a zone may receive priority consideration for financial assistance for projects or operations in the zone from the Department of Military and Veterans' Affairs and from any other appropriate state program, if available under the law establishing the program. Sec. 26.30.070. Regulations. The adjutant general may adopt regulations under AS 44.62 to carry out the provisions of this chapter, including specifying criteria and procedures for applications, approvals, and the monitoring of eligibility under this chapter. Sec. 26.30.900. Definitions. In this chapter, unless the context otherwise requires, (1) “adjutant general” means the principal executive officer of the Department of Military and Veterans' Affairs appointed under AS 26.05.160 ; (2) “area” means a geographic area described by a closed perimeter boundary within one or more municipalities in the state; (3) “facility” means a facility of (A) an Alaska military or civilian agency serving a subdivision of the Alaska National Guard, the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, the United States Space Force, or the United States Coast Guard, including reserve units of those entities; (B) the National Aeronautics and Space Administration; or (C) a public corporation within the Department of Military and Veterans' Affairs; (4) “military facility zone” means an area that (A) meets the requirements of AS 26.30.020 ; and (B) is designated as a military facility zone by the adjutant general under AS 26.30.030 ; (5) “military facility zone authority” means a public corporation established by one or more municipalities to administer a military facility zone located in the municipalities in the state; (6) “zone” means a military facility zone.