Alaska Statutes
Alaska Stat. § 36.30.080 (2026)
Leases
✓ current as of July 2026
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Sec. 36.30.080. Leases.
(a) The Department of Transportation and Public Facilities shall lease space for the use of the state or an agency wherever it is necessary and feasible, subject to compliance with the requirements of this chapter. A lease may not provide for a period of occupancy greater than 40 years. An agency requiring office, warehouse, or other space shall lease the space through the Department of Transportation and Public Facilities.
(b) [Repealed, § 11 ch 75 SLA 1994.]
(c) If the Department of Transportation and Public Facilities, the Board of Regents of the University of Alaska, the legislative council, or the supreme court intends to enter into or renew a lease of real property with an annual rent to the Department of Transportation and Public Facilities, University of Alaska, legislative council, or supreme court that is anticipated to exceed $500,000, or with total lease payments that exceed $2,500,000 for the full term of the lease, including any renewal options that are defined in the lease, the Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or supreme court shall provide notice to the legislature. The notice must include the anticipated annual lease obligation amount and the total lease payments for the full term of the lease. The Department of Transportation and Public Facilities, the Board of Regents, the legislative council, and the supreme court may not enter into or renew a lease of real property
(1) requiring notice under this subsection unless the proposed lease or renewal of a lease has been approved by the legislature by law; an appropriation for the rent payable during the initial period of the lease or the initial period of lease renewal constitutes approval of the proposed lease or renewal of a lease for purposes of this paragraph;
(2) under this subsection if the total of all optional renewal periods provided for in the lease exceeds the original term of the lease exclusive of the total period of all renewal options.
(d) When evaluating proposals for a lease of space, the Department of Transportation and Public Facilities shall consider, in addition to lease costs, the life cycle costs, function, indoor environment, public convenience, planning, design, appearance, and location of the proposed building.
(e) When considering leasing space, the Department of Transportation and Public Facilities should consider whether leasing is likely to be the least costly means to provide the space.
(f) When acquiring leased space of 7,000 square feet or less, the Department of Transportation and Public Facilities may procure the leased space using the procedures for small procurements under AS 36.30.320, providing public notice is given to prospective offerors in the market area.
(a) The Department of Transportation and Public Facilities shall lease space for the use of the state or an agency wherever it is necessary and feasible, subject to compliance with the requirements of this chapter. A lease may not provide for a period of occupancy greater than 40 years. An agency requiring office, warehouse, or other space shall lease the space through the Department of Transportation and Public Facilities.
(b) [Repealed, § 11 ch 75 SLA 1994.]
(c) If the Department of Transportation and Public Facilities, the Board of Regents of the University of Alaska, the legislative council, or the supreme court intends to enter into or renew a lease of real property with an annual rent to the Department of Transportation and Public Facilities, University of Alaska, legislative council, or supreme court that is anticipated to exceed $500,000, or with total lease payments that exceed $2,500,000 for the full term of the lease, including any renewal options that are defined in the lease, the Department of Transportation and Public Facilities, the Board of Regents, the legislative council, or supreme court shall provide notice to the legislature. The notice must include the anticipated annual lease obligation amount and the total lease payments for the full term of the lease. The Department of Transportation and Public Facilities, the Board of Regents, the legislative council, and the supreme court may not enter into or renew a lease of real property
(1) requiring notice under this subsection unless the proposed lease or renewal of a lease has been approved by the legislature by law; an appropriation for the rent payable during the initial period of the lease or the initial period of lease renewal constitutes approval of the proposed lease or renewal of a lease for purposes of this paragraph;
(2) under this subsection if the total of all optional renewal periods provided for in the lease exceeds the original term of the lease exclusive of the total period of all renewal options.
(d) When evaluating proposals for a lease of space, the Department of Transportation and Public Facilities shall consider, in addition to lease costs, the life cycle costs, function, indoor environment, public convenience, planning, design, appearance, and location of the proposed building.
(e) When considering leasing space, the Department of Transportation and Public Facilities should consider whether leasing is likely to be the least costly means to provide the space.
(f) When acquiring leased space of 7,000 square feet or less, the Department of Transportation and Public Facilities may procure the leased space using the procedures for small procurements under AS 36.30.320, providing public notice is given to prospective offerors in the market area.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1995–2025 · leading case: Carr-Gottstein Props. v. State, 899 P.2d 136 (Alaska 1995).
Carr-Gottstein Props. v. State, 899 P.2d 136 (Alaska 1995). “The applicable statutes authorizing ACS and DNR to enter into lease-purchase agreements provide: AS 36.30.080. Leases. 11 [[Image here]] (b) The department, legislative branch, or judicial branch may enter into lease-purchase agreements, including lease-financing agreements.”
Bachner Co. Inc. v. State, Dept. of Admin., 387 P.3d 16 (Alaska 2016). “850(b)(5) excepts "acquisitions or disposals of real property or interest in real property,” but the exception itself contains an exception: "except as provided in AS 36.30.080 and 36.30.085.” The cited statutes apply to leases and lease-purchase agreements.”
Alborn Constr., Inc. v. State of Alaska, Dep't of Labor & Workforce Dev., Labor Standards & Saf. Div., & Deborah Kelly, in an Off. capacity, 507 P.3d 468 (Alaska 2022). “030 (delineating Department of Labor’s authority); AS 36.30.080 (delineating Department of Administration’s authority).”
JBG Mem'l, LLC v. State of Alaska, Dep't of Transp. & Pub. Facilities, & State of Alaska, Dep't of Fam. & Cmty. Servs. (Alaska 2025). “AS 36.30.080(a). Generally, DOT&PF is required to obtain these leases by means of a competitive sealed bidding process.”
— Alaska Stat. § 36.30.080(a) — 2 cases
Bachner Co. Inc. v. State, Dept. of Admin., 387 P.3d 16 (Alaska 2016). “850(b)(5) excepts "acquisitions or disposals of real property or interest in real property,” but the exception itself contains an exception: "except as provided in AS 36.30.080 and 36.30.085.” The cited statutes apply to leases and lease-purchase agreements.”
JBG Mem'l, LLC v. State of Alaska, Dep't of Transp. & Pub. Facilities, & State of Alaska, Dep't of Fam. & Cmty. Servs. (Alaska 2025). “AS 36.30.080(a). Generally, DOT&PF is required to obtain these leases by means of a competitive sealed bidding process.”
— Alaska Stat. § 36.30.080(b) — 1 case
Carr-Gottstein Props. v. State, 899 P.2d 136 (Alaska 1995). “The applicable statutes authorizing ACS and DNR to enter into lease-purchase agreements provide: AS 36.30.080. Leases. 11 [[Image here]] (b) The department, legislative branch, or judicial branch may enter into lease-purchase agreements, including lease-financing agreements.”
— Alaska Stat. § 36.30.080(c) — 1 case
Carr-Gottstein Props. v. State, 899 P.2d 136 (Alaska 1995). “The applicable statutes authorizing ACS and DNR to enter into lease-purchase agreements provide: AS 36.30.080. Leases. 11 [[Image here]] (b) The department, legislative branch, or judicial branch may enter into lease-purchase agreements, including lease-financing agreements.”
— Alaska Stat. § 36.30.080(e) — 1 case
Carr-Gottstein Props. v. State, 899 P.2d 136 (Alaska 1995). “The applicable statutes authorizing ACS and DNR to enter into lease-purchase agreements provide: AS 36.30.080. Leases. 11 [[Image here]] (b) The department, legislative branch, or judicial branch may enter into lease-purchase agreements, including lease-financing agreements.”
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