Legislature(2013 - 2014)
2014-04-12 Senate Journal
Full Journal pdf2014-04-12 Senate Journal Page 2423 HB 23 SENATE CS FOR 2d CS FOR HOUSE BILL NO. 23(FIN) "An Act relating to the Knik Arm Bridge and Toll Authority; relating to the bonding authority of the Knik Arm Bridge and Toll Authority; relating to toll bridge revenue bonds; creating the toll bridge revenue fund, the toll bridge revenue bond redemption fund, and the bond reserve fund; relating to powers and duties of the state bond committee; and providing for an effective date" was read the third time. 2014-04-12 Senate Journal Page 2424 Senator Coghill moved that SENATE CS FOR 2d CS FOR HOUSE BILL NO. 23(FIN) be returned to second reading for all amendments offered today. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 1 : Page 4, line 6, following the second occurrence of "land": Insert "only if the Federal Highway Administration, United States Department of Transportation, has approved a loan to the authority for construction of the Knik Arm Crossing under 23 U.S.C. 601 - 609 (Transportation Infrastructure Finance and Innovation Act of 1998)" Page 4, following line 13: Insert a new bill section to read: "* Sec. 3. AS 19.75 is amended by adding a new section to read: Sec. 19.75.112. Property of the authority. Notwithstanding AS 19.75.111(a)(6), the authority may not dispose of or destroy properties acquired through purchase or the power of eminent domain or a declaration of taking under AS 09.55.240 until the Federal Highway Administration, United States Department of Transportation, has approved a loan to the authority for construction of the Knik Arm Crossing under 23 U.S.C. 601 - 609 (Transportation Infrastructure Finance and Innovation Act of 1998)." Renumber the following bill sections accordingly. Senator Ellis moved for the adoption of Amendment No. 1. Senator McGuire objected. Senator McGuire moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: In Amendment No. 1, under Sec. 19.75.112. Property of the authority., following "through": Delete "purchase or" 2014-04-12 Senate Journal Page 2425 Senator Coghill objected, then withdrew his objection. There being no further objection, Amendment No. 1 was amended. Senator McGuire withdrew her objection. There being no further objection, Amendment No. 1 as amended was adopted. Senators Gardner, Ellis offered Amendment No. 2 : Page 7, following line 2: Insert a new subsection to read: "(g) The state may not issue bonds under (a) of this section for financing the Knik Arm Crossing until the Knik Arm Bridge and Toll Authority has delivered to the legislature the report from the contract issued by the authority in 2013 to conduct updated peer review and socioeconomic data used in the projections for the Knik Arm Crossing traffic and toll revenue." Senator Gardner moved for the adoption of Amendment No. 2. Senator McGuire objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS 2d CSHB 23(FIN) am S Second Reading Amendment No. 2 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, French, Gardner, Olson, Wielechowski Nays: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens and so, Amendment No. 2 failed. 2014-04-12 Senate Journal Page 2426 Senator Wielechowski offered Amendment No. 3 : Page 1, line 2, following "Authority;": Insert "requiring certain products used in construction contracts for the Knik Arm bridge to be made in the United States;" Page 6, following line 2: Insert a new bill section to read: "* Sec. 7. AS 19.75 is amended by adding a new section to article 3 to read: Sec. 19.75.900. Use of materials manufactured in the United States. (a) Notwithstanding any other provision of law, the authority shall include in a construction contract for the Knik Arm bridge entered into by the authority a provision under which the contractor agrees that steel, iron, and manufactured products with a total value greater than $5,000 used or supplied by the contractor and any subcontractors in the performance of the contract, including any subcontract, will be made in the United States. (b) A product shall be considered to be made in the United States under this section if (1) the components of the product are made primarily of iron or steel, and all manufacturing of the product takes place in the United States, except metallurgical processes involving the refinement of steel; or (2) the product is not made primarily of iron or steel, and all of (A) the manufacturing processes of the product take place in the United States; and (B) the components of the product are made in the United States, even if the subcomponents originate in another country. (c) Except as provided by (f) of this section, the authority may, on request of a contractor, request the commissioner of transportation and public facilities to waive the requirement in (a) of this section for a construction contract. The commissioner may grant the request if the commissioner determines that (1) the requirement is not consistent with the public interest; 2014-04-12 Senate Journal Page 2427 (2) the materials are not made in the United States in a sufficient quantity that is reasonably available and of a satisfactory quality; or (3) inclusion of materials made in the United States will increase the cost of the contract by more than 25 percent. (d) Before the commissioner of transportation and public facilities grants a waiver under (c) of this section, the commissioner shall (1) place on the Alaska Online Public Notice System (AS 44.62.175) a notice that gives a detailed written justification why the waiver satisfies the requirements of (c) of this section and that allows persons to provide comments to the authority for a reasonable period of time; and (2) consider all comments received under (1) of this subsection. (e) A person is not eligible to receive a construction contract under (a) of this section or to receive a subcontract from the contractor if a court, state agency, or a federal agency, after notice and an opportunity to be heard, determines the person intentionally (1) placed a label stating "made in America," or other wording with the same meaning, on a product used in a construction contract to which this section applies, and the product was not made in the United States; or (2) falsely represented to the authority that a product used in the construction contract for the Knik Arm bridge was made in the United States. (f) The authority may not waive the requirements of (a) of this section for a construction contract if the commissioner of transportation and public facilities, after consulting with the United States Trade Representative, determines that the product is made in a foreign country and that the foreign country (1) is a party to an agreement with the United States, and, under that agreement, the head of a federal agency of the United States has waived the requirements of this section; and (2) has violated the terms of the agreement identified in (1) of this subsection by discriminating against construction products that are made in the United States and that are covered by the agreement. 2014-04-12 Senate Journal Page 2428 (g) In this section, (1) "construction" means the process of building, altering, repairing, maintaining, improving, demolishing, planning, or designing the Knik Arm bridge and its appurtenant facilities; (2) "contractor" means a person who enters into a construction contract with the authority; (3) "intentionally" has the meaning given in AS 11.81.900; (4) "United States" means the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the territorial possessions of the United States of America." Renumber the following bill sections accordingly. Senator Wielechowski moved and asked unanimous consent for the adoption of Amendment No. 3. Senator Fairclough objected, then withdrew her objection. There being no further objection, Amendment No. 3 was adopted. SENATE CS FOR 2d CS FOR HOUSE BILL NO. 23(FIN) am S "An Act relating to the Knik Arm Bridge and Toll Authority; relating to the bonding authority of the Knik Arm Bridge and Toll Authority; requiring certain products used in construction contracts for the Knik Arm bridge to be made in the United States; relating to toll bridge revenue bonds; creating the toll bridge revenue fund, the toll bridge revenue bond redemption fund, and the bond reserve fund; relating to powers and duties of the state bond committee; and providing for an effective date" was automatically in third reading. The question being: "Shall SENATE CS FOR 2d CS FOR HOUSE BILL NO. 23(FIN) am S "An Act relating to the Knik Arm Bridge and Toll Authority; relating to the bonding authority of the Knik Arm Bridge and Toll Authority; requiring certain products used in construction contracts for the Knik Arm bridge to be made in the United States; relating to toll bridge revenue bonds; creating the toll bridge revenue fund, the toll bridge revenue bond redemption fund, and the bond reserve fund; relating to powers and duties of the state bond committee; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2014-04-12 Senate Journal Page 2429 SCS 2d CSHB 23(FIN) am S Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel, Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman, Stevens, Wielechowski Nays: Ellis, French, Gardner, Olson and so, SENATE CS FOR 2d CS FOR HOUSE BILL NO. 23(FIN) am S passed the Senate. Senator Coghill moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration.