(a) For purposes of reimbursement under this
chapter, an expenditure is a qualified expenditure only if it meets the
requirements set out in
AS
43.90.110(a)(1)(C) and this
chapter, and is an actual and reasonable expenditure directly and reasonably
related to a qualified activity that is paid by the licensee. Qualified
expenditures include
(1) payment to an
employee of the licensee, for the time expended on a qualified activity, for
salary and wages, including the amount of customary or required benefits, and
costs of business-related travel and meals during travel that the licensee
reimburses to an employee under the licensee's contract of employment or
standard written operating practice for the employee; however, a qualified
expenditure does not include any portion of a
(A) bonus, stock option, or other payment
above an employee's salary, wages, and customary or required benefits;
or
(B) severance payment or other
termination allowance paid to an employee;
(2) costs and expenses, including supplies,
of office space leased exclusively for the project after the date that a
license is issued under AS 43.90; if the office space is used for any activity
other than for the project, the qualified expenditures include only the portion
of the costs and expenses that are directly and reasonably related to the
amount of use and cost incurred specifically for a qualified
activity;
(3) costs of acquiring,
leasing, installing, operating, transporting, maintaining, repairing, and
replacing equipment and materials, including sales and use taxes, but not if
the costs result from damage or loss due to gross negligence, willful
misconduct, or criminal conduct by the licensee or an employee, officer, or
contractor of the licensee;
(4)
costs of transporting and maintaining equipment and materials, and personnel
transportation, temporary living quarters, and subsistence for environmental
studies, field studies, and surveys;
(5) costs of contract services, subject to
the same limitations as the licensee's costs in this section;
(6) net premiums for insurance the licensee
is required to carry;
(7) costs of
acquiring, leasing, installing, operating, repairing, and maintaining
communications systems and computer systems necessary for the project,
including sales and use taxes;
(8)
costs of required permits and licenses;
(9) costs for non-litigation legal services
only;
(10) costs of compliance with
ecological, environmental, and health and safety requirements, but not if the
costs result from damage or loss due to gross negligence, willful misconduct,
or criminal conduct by the licensee or an employee, officer, or contractor of
the licensee; and
(11) other costs
determined by the commissioners to be qualified expenditures.
(b) Qualified expenditures in (a)
of this section do not include expenditures that are not actually paid by the
licensee, not reasonable, or not directly and reasonably related to a qualified
activity, and do not include any expenditure for
(1) overhead costs, including
(A) salaries, wages, employee benefits, and
business-related expenses of the licensee's employees performing functions not
directly related to a qualified activity;
(B) office and other expenses not directly
related to a qualified activity; and
(C) costs of administration, accounting,
human resources, training, property and income taxes, entertainment,
self-insurance, and warehousing;
(2) lobbying costs, including costs of
engaging in an assignment for the purpose of influencing legislative or
administrative action of a government entity if the assignment is substantially
the same as an assignment for the purpose of influencing state legislative or
administrative action that would require registration under
AS
24.45.041;
(3) litigation costs and fees, including
costs and fees associated with dispute resolution in judicial, arbitration, or
administrative proceedings;
(4) the
cost of an asset or work product acquired or developed by the licensee before
the license is issued under AS 43.90; or
(5) payments for civil or criminal
restitution, judgment or interest on a judgment, penalty, or fine.