Legislature(2005 - 2006)CAPITOL 124

02/28/2006 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 391 LIMIT ANNUAL INCREASE OF MUNI PROP ASSESS TELECONFERENCED
Heard & Held
*+ HB 478 MUNICIPAL HARBOR FACILITY GRANTS TELECONFERENCED
Moved CSHB 478(CRA) Out of Committee
HB 478-MUNICIPAL HARBOR FACILITY GRANTS                                                                                       
                                                                                                                                
8:58:33 AM                                                                                                                    
                                                                                                                                
CO-CHAIR OLSON announced  that the final order  of business would                                                               
be HOUSE BILL  NO. 478, "An Act relating to  the municipal harbor                                                               
facility grant program; and providing for an effective date."                                                                   
                                                                                                                                
8:58:56 AM                                                                                                                    
                                                                                                                                
IAN   FISK,  Staff   to  Representative   Thomas,  Alaska   State                                                               
Legislature,  pointed  out  that   the  committee  packet  should                                                               
include a proposed committee substitute.                                                                                        
                                                                                                                                
8:59:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  moved  to  adopt CSHB  478,  Version  24-                                                               
LS1694\G, Cook,  2/24/06, as the  working document.   There being                                                               
no objection, Version G was before the committee.                                                                               
                                                                                                                                
MR. FISK informed the committee that  HB 478 is a companion to SB
291 sponsored  by Senator Stedman.   He explained that  for about                                                               
the  past 15  years  the Department  of  Transportation &  Public                                                               
Facilities (DOT&PF)  has been transferring harbor  ownership from                                                               
the state  to the  municipalities.   In so  doing, the  state has                                                               
provided grants  to the municipalities  in order to  address some                                                               
of  the  deferred maintenance  issues  that  were transferred  as                                                               
well.    The  legislation  was  brought  forward  by  the  Alaska                                                               
Association  of Harbor  Masters  and Port  Administrators and  is                                                               
supported  by municipal  government officials  who recognize  the                                                               
deferred maintenance  needs for the  harbors.  He  explained that                                                               
the legislation proposes  a 50:50 matching grant  and creates the                                                               
municipal harbor  facility grant fund into  which the legislature                                                               
can  appropriate money  from whatever  source it  sees fit.   The                                                               
legislation  spells out  the watercraft  fuel tax  account.   The                                                               
change embodied  in Version G is  located on page 1,  lines 9-11.                                                               
The  legislation,  he added,  would  allow  [the state]  to  take                                                               
appropriations from the fisheries  business tax revenue after the                                                               
municipalities have  been addressed through the  sharing program.                                                               
Furthermore,  DOT&PF  is established  as  the  agency that  would                                                               
administer  grants  from the  fund.    The legislation  specifies                                                               
eligibility  criteria   for  grant  applications,  such   as  the                                                               
criteria  that  the  grant  has to  be  for  capital  improvement                                                               
projects    not   preventative    maintenance.       Furthermore,                                                               
municipalities would have to demonstrate  that they hold adequate                                                               
insurance  for their  harbor facilities  and have  a preventative                                                               
maintenance plan  in place.   The legislation also  specifies the                                                               
criteria for the  award of grants.  The intent,  he explained, is                                                               
to  prioritize, repair,  and [perform]  major maintenance  versus                                                               
new projects.   However,  once much  of the  deferred maintenance                                                               
needs  have  been  addressed,  new  projects  can  be  considered                                                               
eligible   for  grants   under  this   proposed  program.     The                                                               
legislation also  specifies that  a harbor  can only  receive one                                                               
grant  per  year  in  an  amount  [not  to  exceed]  $5  million.                                                               
Furthermore, the  legislation specifies that  municipalities must                                                               
operate  independent  of state  aid  in  the  future.   Mr.  Fisk                                                               
highlighted  further criteria  for the  award of  grants such  as                                                               
public  safety needs,  the amount  spent by  the municipality  on                                                               
maintenance   of  the   harbor.     Moreover,  DOT&PF   may  make                                                               
suggestions and changes to the grant applicants.                                                                                
                                                                                                                                
9:02:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if  there is  any money  attached to                                                               
the mechanism that HB 478 seems to provide.                                                                                     
                                                                                                                                
MR.  FISK agreed  that the  legislation provides  a mechanism  to                                                               
which the legislature  may make appropriations, which  is why the                                                               
legislation has a zero fiscal note.                                                                                             
                                                                                                                                
9:03:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NUEMAN inquired  as to  how much  money would  be                                                               
available to the  harbors.  Therefore, he asked if  there are any                                                               
guidelines with regard to how  much money would be distributed to                                                               
the  municipalities/harbors.     He  inquired  as   to  how  it's                                                               
determined where the need is the greatest.                                                                                      
                                                                                                                                
MR. FISK pointed  out that the committee packet  should include a                                                               
list  of  the  existing  deferred maintenance  needs,  which  are                                                               
considerable.   He suggested that DOT&PF  could assess/prioritize                                                               
the needs on a case-by-case basis.                                                                                              
                                                                                                                                
9:05:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked  if any ways have  been identified to                                                               
obtain funding without state revenues.                                                                                          
                                                                                                                                
MR. FISK noted  that for certain harbor  projects federal dollars                                                               
are available.  He suggested  that all three levels of government                                                               
could  be  utilized.    In  further  response  to  Representative                                                               
Cissna, Mr.  Fisk clarified  that the  notion with  HB 478  is to                                                               
look at the large picture in a comprehensive approach.                                                                          
                                                                                                                                
9:07:58 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS  moved  that   the  committee  adopt  Conceptual                                                               
Amendment 1, which read [original punctuation provided]:                                                                        
                                                                                                                                
     p. 2, Line 17: after "grant;" and: "state funds shall                                                                      
      not be used by municipality as their matching funds                                                                       
     for grants under this program"                                                                                             
                                                                                                                                
REPRESENTATIVE  NEUMAN objected,  and opined  that "it"  seems to                                                               
tell the  municipalities how  to spend their  funds.   He further                                                               
opined that [the  legislation] seems to place a  restriction on a                                                               
municipality using state money on a grant.                                                                                      
                                                                                                                                
CO-CHAIR  THOMAS  explained  that Conceptual  Amendment  1  would                                                               
address the  double dipping concern and  encourage municipalities                                                               
to put their own money forward.                                                                                                 
                                                                                                                                
REPRESENTATIVE NEUMAN withdrew his objection.                                                                                   
                                                                                                                                
There  being no  further  objection, Conceptual  Amendment 1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
9:10:06 AM                                                                                                                    
                                                                                                                                
SCOTT  RANSOM,   Harbormaster,  City  of  Seward,   informed  the                                                               
committee  that the  City of  Seward and  its council  support HB
478.   He further informed  the committee that Seward  faces over                                                               
$6 million in deferred maintenance  for its original floats.  Mr.                                                               
Ransom noted that the city has  funded new floats.  He also noted                                                               
that  Seward has  already had  two rate  increases as  well as  a                                                               
passenger  fee increase  as  a means  to help  take  care of  the                                                               
harbor facility.                                                                                                                
                                                                                                                                
9:11:30 AM                                                                                                                    
                                                                                                                                
ALAN SORUM, Port Director/Harbormaster,  City of Valdez, informed                                                               
the committee  that he  became very involved  with the  issues of                                                               
deferred maintenance  and harbor  transfers during his  two years                                                               
as  president of  the Alaska  Association of  Harbor Masters  and                                                               
Port  Administrators.    He  noted  that  many  communities  have                                                               
supported efforts  to support the  fund established in HB  478 in                                                               
cooperation with DOT&PF.   Mr. Sorum related  his impression that                                                               
many communities  have simply been overwhelmed  with the prospect                                                               
of  repairing  their  facilities.     Since  there  has  been  no                                                               
maintenance funding  for the state-owned harbors  for many years,                                                               
renovation  of  these facilities  is  a  major undertaking.    He                                                               
discussed  the  increased  costs,  specifically  in  relation  to                                                               
construction  itself.   He highlighted  that harbors  represent a                                                               
valuable  and  important  transportation  link  for  the  state's                                                               
coastal   communities,  tourism,   commercial  and   recreational                                                               
fishing, and  subsistence gathering  and hunting;  and therefore,                                                               
he encouraged the committee's support for HB 478.                                                                               
                                                                                                                                
9:13:34 AM                                                                                                                    
                                                                                                                                
JOHN HOLST, Member,  Assembly, City & Borough of  Sitka, began by                                                               
characterizing HB 478  as good legislation in that  it provides a                                                               
vehicle for  funding local municipalities  with large  amounts of                                                               
deferred maintenance.  He reviewed  some of the major projects in                                                               
Sitka.   He related that the  Ports & Harbor Commission  of Sitka                                                               
has  already recommended  a  $.25 per  foot  increase in  moorage                                                               
rates  each year  for the  next five  years.   The aforementioned                                                               
will  practically double  Sitka's  moorage rates,  which will  be                                                               
very  problematic  for much  of  the  local  fishing fleet.    He                                                               
related his fear that if moorage  fees increase too fast, it will                                                               
cause local  fishermen to leave and  at the same time  folks from                                                               
down South may  come in since they are accustomed  to paying much                                                               
more.   Therefore, it could  result in  a situation in  which the                                                               
local fishing  fleet is displaced,  which isn't desirable.   This                                                               
legislation would help the local  communities pay for some of the                                                               
capital  improvements because  without  it the  struggle will  be                                                               
borne by local fishermen, he opined.                                                                                            
                                                                                                                                
9:16:12 AM                                                                                                                    
                                                                                                                                
MARTY  OWEN, Harbormaster,  City of  Kodiak, said  that he  would                                                               
discuss the economic  benefits of harbors across the  state.  Mr.                                                               
Owen  characterized  harbors  as economic  lifeboats  in  coastal                                                               
communities because initially a high  percentage of the wealth in                                                               
a coastal  community is  created by  harbor users,  especially by                                                               
commercial fishermen and tourism-related  businesses, who are the                                                               
economic foundation for almost every  business.  However, without                                                               
modern  docks  and floats,  businesses  and  fishing can't  grow.                                                               
Furthermore, economic  activity becomes stagnate  and populations                                                               
decline.   Mr.  Owen highlighted  that most  of Alaska's  harbors                                                               
were built  over 25 years  ago, and  since then the  vessels have                                                               
become  longer,  heavier,  and wider  and  need  more  electrical                                                               
support.   To  remain  competitive in  a  global seafood  market,                                                               
commercial fishermen upgraded their  vessels, however the state's                                                               
harbors haven't kept pace.                                                                                                      
                                                                                                                                
MR. OWEN then turned attention to  the future and how the various                                                               
rationalization schemes  will impact harbor use  and development.                                                               
He explained  that to  some degree  the fleets  have consolidated                                                               
and more [consolidation] seems inevitable.   Still, fishing isn't                                                               
going away.   Therefore, Alaska needs to support  and sustain the                                                               
fleet  as  it  matures  and modernizes.    He  characterized  the                                                               
current period  as an  adjustment period,  which state  and local                                                               
governments can help  by supporting harbors to meet  the needs of                                                               
the modern  fleet in  order to  stabilize the  coastal economies.                                                               
He then  used Kodiak  as an  example.   Just a  few a  years ago,                                                               
DOT&PF  offered Kodiak  $7.5  million  and the  deed  to its  two                                                               
harbors.   With the aforementioned  funds, the smaller  and older                                                               
of the  two harbors was replaced.   He related that  it will cost                                                               
over $14 million to replace the  remaining harbor.  He noted that                                                               
although Kodiak's  moorage fees were  some of the highest  in the                                                               
state  for   many  years,  they  barely   covered  operating  and                                                               
maintenance costs  and nothing  was left to  set aside  for major                                                               
replacement projects.   Since Kodiak has taken  over ownership of                                                               
the harbors,  moorage rates  have increased  three times  and two                                                               
more  increases have  been authorized  by the  city council.   He                                                               
informed the committee  that for the larger  vessels, the moorage                                                               
rate  increased over  a five-year  period from  $25 per  foot per                                                               
year to  nearly $100 per  foot per year,  which is a  400 percent                                                               
increase.   In conclusion, Mr.  Owen opined  that HB 478  is good                                                               
legislation that will be good for all of Alaska.                                                                                
                                                                                                                                
9:22:10 AM                                                                                                                    
                                                                                                                                
JIM  STROMDAHL,  Harbormaster,  City   of  Petersburg,  spoke  in                                                               
support of HB 478.  He  related that since the City of Petersburg                                                               
has  taken over  operation  of its  harbors,  moorage rates  have                                                               
increased by  50-70 percent as  well as an additional  10 percent                                                               
in 2007  and 2008.   Furthermore, the City Council  of Petersburg                                                               
has  allocated a  portion  of the  raw  fish tax.    The City  of                                                               
Petersburg  plans  to  utilize  the  aforementioned  for  its  50                                                               
percent match  to the proposed grant  in HB 478.   He opined that                                                               
the funding [that  can be leveraged] under HB 478  will help keep                                                               
operations running in the future.                                                                                               
                                                                                                                                
9:23:57 AM                                                                                                                    
                                                                                                                                
JOHN STONE,  President, Alaska  Association of  Harbormasters and                                                               
Port Administrators  (AAHPA), noted  that his  prepared statement                                                               
is included in  the committee packet.  He  informed the committee                                                               
that AAHPA represents 27 harbor  systems throughout the state and                                                               
is  in strong  support of  HB 478,  which will  help fulfill  the                                                               
original  intent   of  the  transfer   of  the  harbors   to  the                                                               
municipalities.                                                                                                                 
                                                                                                                                
9:25:07 AM                                                                                                                    
                                                                                                                                
JOHN  MACKINNON,   Deputy  Commissioner  of  Highways   &  Public                                                               
Facilities,   Office    of   the   Commission,    Department   of                                                               
Transportation  & Public  Facilities  (DOT&PF), characterized  HB
478  as good  legislation.   He  commented that  the  use of  the                                                               
marine fuel tax  and the fisheries business tax is  almost a user                                                               
fee, which is appropriate.                                                                                                      
                                                                                                                                
9:26:13 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  OLSON, upon  determining  that no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
9:26:21 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS  thanked everyone  for helping put  this together                                                               
because it has taken a year to get this far.                                                                                    
                                                                                                                                
9:27:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN   moved to  report CSHB  478, Version  24-                                                               
LS1694\G,  Cook,  2/24/06,  as  amended, out  of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  CSHB 478(CRA)  was reported  from the                                                               
House Community and Regional Affairs Standing Committee.                                                                        

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