Legislature(2007 - 2008)BARNES 124

07/15/2008 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB4002 RESOURCE REBATE PROGRAM FOR RESIDENTS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB4003 APPROP: ENERGY RELIEF/REBATE/FUEL TAX TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Presentation & overview of legislation
by the Dept of Revenue
HB4003-APPROP: ENERGY RELIEF/REBATE/FUEL TAX                                                                                  
                                                                                                                                
9:43:41 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH  announced that  the final order  of business                                                               
would  be  HOUSE  BILL  NO. 4003,  "An  Act  making  supplemental                                                               
appropriations  to the  Alaska Energy  Authority  for power  cost                                                               
equalization; making special appropriations  to the Department of                                                               
Revenue and to  the Department of Health and  Social Services for                                                               
the   Alaska   resource   rebate  program;   making   a   special                                                               
appropriation to  the Department  of Revenue  for the  payment of                                                               
certain  shared taxes  relating to  aviation fuel;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
9:44:05 AM                                                                                                                    
                                                                                                                                
KAREN  J.  REHFELD,  Director, Office  of  Management  &  Budget,                                                               
Office  of the  Governor, noted  that Jerry  Burnett had  touched                                                               
upon some  factors of HB 4003  during discussion of HB  4002.  In                                                               
addition to  the resource rebate  amount of $800 million  and the                                                               
hold  harmless, which  is  $10.7 million,  there  are some  other                                                               
items in the bill, she noted.   First, she said OMB has requested                                                               
the  legislature's   approval  of  a  $9.7   million  power  cost                                                               
equalization (PCE)  program, which would also  require a $600,000                                                               
component  in fiscal  year 2008  (FY 08)  to fully  fund the  PCE                                                               
program in 2008,  and an estimated additional  $9 million related                                                               
to  "looking at  what  has changed  in oil  changes  for FY  09."                                                               
Additionally,  $150,000 has  been  requested,  which Ms.  Rehfeld                                                               
explained is a shared tax,  hold harmless, and she indicated that                                                               
that is in  a bill not before  the committee - a  bill related to                                                               
the suspension of  the motor fuel tax.  She  explained that there                                                               
are  several communities  with municipally  owned  airports.   If                                                               
aviation fuel  tax were suspended,  it would hold  harmless those                                                               
airports for that  loss of revenue.  She said,  "So, it's a small                                                               
component of that bill, but  it is included in this appropriation                                                               
bill that's before you."                                                                                                        
                                                                                                                                
9:46:09 AM                                                                                                                    
                                                                                                                                
MS. REHFELD  presented a sectional  analysis.  Sections  1(a) and                                                               
1(b)  show  the  appropriation  request  for  the  PCE,  with  an                                                               
increase of $600,000.   It changes the  existing appropriation to                                                               
reflect   those  increases.     Sections   1(c)-(e)  adjust   the                                                               
appropriations for FY 09 based  on the current estimate.  Section                                                               
2  is the  appropriation of  $800  million to  the Department  of                                                               
Revenue  for the  resource rebate  program, and  it includes  the                                                               
administrative   cost   of   approximately   $800,000   for   the                                                               
nonpermanent  positions talked  about by  Mr. Burnett  during the                                                               
hearing on  HB 4002.   Section 3  is the hold  harmless provision                                                               
under  the  Department  of  Health &  Social  Services,  with  an                                                               
estimated  amount of  $10.7 million  to continue  eligibility for                                                               
certain assistance  programs resulting from the  resource rebate.                                                               
Ms. Rehfeld  noted that there  are administrative costs  of about                                                               
$770,000, and  approximately 9 nonpermanent positions  that would                                                               
be created to do  that work.  Section 4, she  said, would give an                                                               
estimated  $150 to  the Department  of Revenue  for shared  taxes                                                               
related to  hold harmless  and suspension  of aviation  fuel tax.                                                               
Ms. Rehfeld noted that several  communities would receive funding                                                               
under  that  appropriation,   including  Anchorage,  Juneau,  the                                                               
Ketchikan Gateway  Borough, Kenai, Kodiak, Palmer,  Soldotna, and                                                               
Wasilla.   Section  5 would  provide a  retroactive date  for the                                                               
appropriations requested  in Section  1(a) and  1(b) for  the PCE                                                               
shortfall in  fiscal year  2008.   Section 6(a)  holds contingent                                                               
language for Sections 2 and 3 of  the bill, having to do with the                                                               
resource  rebate program,  while  Section 6(b)  is a  contingency                                                               
related  to the  passage of  the bill  suspending the  motor fuel                                                               
tax.  Finally, Section 7 provides the immediate effective date.                                                                 
                                                                                                                                
9:48:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  said he had  requested a  long-range plan,                                                               
having spoken about  the issue with Commissioner Pat  Galvin.  He                                                               
observed that  the state seems  to be preparing to  spend several                                                               
billions of  dollars.  He listed  the PCE, roads related  to this                                                               
pipeline,  workforce training,  mass transit,  and the  increased                                                               
cost of operating budgets.   Representative Neuman said he thinks                                                               
spending  money  on building  the  state's  infrastructure is  an                                                               
important part of  the capital budget process,  because "it comes                                                               
right from  the communities  that we  represent."   A lot  of the                                                               
capital  budget  projects  were "needled"  this  year,  he  said,                                                               
because the  legislature was  told there was  no money  for them.                                                               
He stated that he is getting  mixed signals.  He disagreed with a                                                               
statement he  said was  made by  Randy Ruaro  that the  state has                                                               
excess money.  He not only said  there is no excess money, but he                                                               
also  predicted that  the  state would  be in  deficit  in a  few                                                               
years.                                                                                                                          
                                                                                                                                
MS.  REHFELD  said  she   shares  Representative  Neuman's  views                                                               
regarding the need  for a long-range plan.   She said legislation                                                               
has  been  passed,  which  requires that  a  long-range  plan  be                                                               
produced  when  [the administration]  brings  the  budget to  the                                                               
legislature  this December.    She related  that  there are  many                                                               
things  impacting  Alaska in  a  way  that  could not  have  been                                                               
predicted even  six months ago.   With  or without the  gas line,                                                               
she said,  the state  has a  huge need in  the areas  of deferred                                                               
maintenance  and  infrastructure  development, and  a  long-range                                                               
plan  is absolutely  critical,  so  that "we"  know  how best  to                                                               
invest "those dollars."                                                                                                         
                                                                                                                                
MS. REHFELD  related that the  governor has, since  the beginning                                                               
of  her  term,  maintained  that [the  administration]  would  be                                                               
responsible  and  reasonable  in  the proposals  that  it  brings                                                               
before the  legislature, and  the governor's  goals have  been to                                                               
control the  growth of government  and save  for the future   She                                                               
said, "That is  exactly how we're going to be  able to bridge the                                                               
gap between now and the time  we see ... revenues from first gas,                                                               
but that is going to  take some significant discipline, even with                                                               
some of  the increases  that we're  seeing here."   She  said the                                                               
state  needs to  move forward  in a  responsible manner,  and the                                                               
administration is  working diligently to bring  [long-term] plans                                                               
to the  legislature.  She noted  that Mr. Haagenson has  "hit the                                                               
deck running on the energy  plan."  She emphasized the importance                                                               
of investing  wisely in  energy projects to  get the  best return                                                               
for the state's investment.                                                                                                     
                                                                                                                                
MS. REHFELD stated:                                                                                                             
                                                                                                                                
     The   governor's  proposals   here  today   ...  [were]                                                                    
     designed to be very short-term,  to do a rebate back to                                                                    
     Alaskans  based  on  the revenue  that  we  have  seen,                                                                    
     knowing that, with that increase  in revenue to Alaska,                                                                    
     we also  have communities and individuals  and families                                                                    
     that are hurting because of  these increased costs.  It                                                                    
     was not meant  to be a long-term answer; ...  this is a                                                                    
     very  short-term solution  while  we  continue to  look                                                                    
     forward on these other components.                                                                                         
                                                                                                                                
9:53:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN indicated that he  was asking yet again for                                                               
an  estimate of  "what's on  the  table right  now" from  various                                                               
departments.  He said there  are people with no medical insurance                                                               
in  the state,  and whether  or not  they can  pay their  heating                                                               
bills won't matter  if they cannot survive due  to health issues.                                                               
He clarified that  he wants to see in writing  how much the state                                                               
will  be spending  in  the  next few  years  on various  proposed                                                               
programs,  and he  predicted that  that  number would  be in  the                                                               
billions.   He reiterated that  he does  not think there  will be                                                               
"extra" money in the next few years.                                                                                            
                                                                                                                                
MS. REHFELD reiterated that the  governor agrees that a long-term                                                               
plan is  needed, and she  said she would  bring that plan  to the                                                               
legislature.                                                                                                                    
                                                                                                                                
9:54:09 AM                                                                                                                    
                                                                                                                                
CO-CHAIR FAIRCLOUGH noted that Representative  Olson, as chair of                                                               
the House Labor  and Commerce Standing Committee,  has control of                                                               
a bill  relating to  motor fuel  tax, and  she suggested  that he                                                               
could  perhaps  present the  issue  to  the House  Community  and                                                               
Regional Affairs Standing Committee.                                                                                            
                                                                                                                                
9:54:24 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LeDOUX  inquired as  to the criteria  that would  make a                                                               
community eligible for the PCE.                                                                                                 
                                                                                                                                
MS. REHFELD deferred to Sara Fisher-Goad.                                                                                       
                                                                                                                                
9:54:59 AM                                                                                                                    
                                                                                                                                
SARA  FISHER-GOAD,  Deputy  Director, Operations,  Alaska  Energy                                                               
Authority  (AEA),  in response  to  Co-Chair  LeDoux, noted  that                                                               
there  are approximately  180 communities  in the  state eligible                                                               
for the PCE program, and she  said those communities that used at                                                               
least 75  percent diesel in  1984 are  eligible.  She  listed the                                                               
following  as ineligible:   Four  Dam Pool  communities, railbelt                                                               
communities, and  any community  that has a  rate for  power less                                                               
than the floor, which for this year is 12.83 cents.                                                                             
                                                                                                                                
9:56:02 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LeDOUX asked  if there  has been  any thought  given to                                                               
revisiting  PCE and  expanding it  to include  the entire  state,                                                               
depending  upon what  the costs  of  energy are  for the  various                                                               
communities.                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD  replied that  the  call  has been  expanded  to                                                               
address PCE, but  she offered her understanding that  that was an                                                               
issue   "requested   from   legislators    to   do   that";   the                                                               
administration is  not proposing  changes to  the PCE  program at                                                               
this point.   She  related that  she has  heard there  is concern                                                               
regarding  a  12.83  cent  floor   being  based  upon  the  three                                                               
communities.   She  indicated that  there  are other  communities                                                               
that have  power costs  greater than  12.83 cents  currently, for                                                               
example, Kodiak, Glen Allen, and even Fairbanks.                                                                                
                                                                                                                                
9:57:25 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   FAIRCLOUGH  said   the  committee   would  have   some                                                               
discussion related  to motor  fuel tax and  whether or  not there                                                               
would be  any impact  on federal appropriation.   She  noted that                                                               
some time ago,  [in certain parts of the state],  the 55 mile per                                                               
hour (mph)  speed limit was changed  to 65 mph, and  she revealed                                                               
that she  was one of  a minority  serving on a  community council                                                               
who  voted  against  that speed  increase  for  safety  concerns;                                                               
however, she said  she has heard since that  driving slower saves                                                               
gas.  She complimented Juneau  on its recent conservation efforts                                                               
during  its  energy  crisis,  and  she  talked  about  the  state                                                               
considering  its  own  energy consumption  and  then  setting  an                                                               
example for the people of Alaska to follow.                                                                                     
                                                                                                                                
10:00:47 AM                                                                                                                   
                                                                                                                                
RANDY  RUARO, Special  Staff Assistant,  Office of  the Governor,                                                               
said there is a computer system  used for fuel monitoring that he                                                               
thinks  is currently  used by  the ferry  system used  in British                                                               
Columbia, and is  used on one vessel in Alaska,  as well as being                                                               
considered  for  use  on  two more.    Conservation  efforts  are                                                               
ongoing,  Mr. Ruaro  said, but  he  told the  committee that  Mr.                                                               
Haagenson would  better be able  to provide a  more comprehensive                                                               
overview of the state's conservation efforts.                                                                                   
                                                                                                                                
10:01:31 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  FAIRCLOUGH returned  the subject  of the  highway speed                                                               
limit  and asked  Mr. Ruaro  if there  is data  that proves  that                                                               
driving 55 mph reduces consumption and saves lives.                                                                             
                                                                                                                                
MR. RUARO  responded that  he does  not know  the answer,  but he                                                               
agreed to obtain information from  Department of Transportation &                                                               
Public  Facilities' (DOT&PF's)  Division of  Highway Safety.   He                                                               
recollected that  certain counties  in Washington state  may have                                                               
returned to a 55 mph speed limit.                                                                                               
                                                                                                                                
MS.  REHFELD noted  that because  of  Juneau's experience,  there                                                               
have  been real  savings seen  in  state agencies,  and "we"  are                                                               
asking departments  to figure  out which  of the  measures Juneau                                                               
residents have taken can be implemented on an ongoing basis.                                                                    
                                                                                                                                
10:03:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SALMON asked  for an  explanation of  the numbers                                                               
shown on page 2, line 6, of HB 4003.                                                                                            
                                                                                                                                
MS. REHFELD responded as follows:                                                                                               
                                                                                                                                
     In  subsection  (b),  what  you're  seeing  is  the  $9                                                                    
     million going  into the fund  capitalization -  a power                                                                    
     cost  equalization fund  -  and then  in  sub part  (d)                                                                    
     you're seeing  the increase in the  appropriation to be                                                                    
     able to expend the $9 million.                                                                                             
                                                                                                                                
10:04:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SALMON  said he would  like an explanation  of the                                                               
numbers shown [on page 2, lines 10-12].                                                                                         
                                                                                                                                
MS. REHFELD responded:                                                                                                          
                                                                                                                                
     The component  that is coming  from the $16  million is                                                                    
     the  component that  is ...  generated  from the  power                                                                    
     cost equalization fund - the  endowment fund - and then                                                                    
     it's further  capitalized, the  state general  fund, so                                                                    
     we have  to put  the additional  $9 million  in general                                                                    
     funds  in,  in order  to  be  able  to fully  fund  the                                                                    
     program.                                                                                                                   
                                                                                                                                
MS. REHFELD,  in response to Co-Chair  Fairclough, confirmed that                                                               
the amount shown in brackets  on line 12, "[$9,353,800]", denotes                                                               
a  deleted number.   She  said,  "It was  a lower  amount in  the                                                               
original bill, and we're adding the $9 million to that."                                                                        
                                                                                                                                
REPRESENTATIVE SALMON  noted that the  number in the  brackets is                                                               
$353,800 over $9,000,000, and he asked where that overage goes.                                                                 
                                                                                                                                
MS. REHFELD responded as follows:                                                                                               
                                                                                                                                
     It's  just  an  increase  to the  original  number  was                                                                    
     $9,353,000, and we've just added  another $9 million to                                                                    
     that  number.   So,  it's  just the  total  ... now  of                                                                    
     general  funds going  to  the  power cost  equalization                                                                    
     program will be $18,353,800.                                                                                               
                                                                                                                                
CO-CHAIR FAIRCLOUGH  reiterated her  interest in finding  out how                                                               
individual families  and public service announcements  can affect                                                               
conservation efforts.                                                                                                           
                                                                                                                                
[HB 4003 was heard and held.]                                                                                                   

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