Legislature(2013 - 2014)NOME

07/20/2013 09:30 AM House COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Location: Nome City Council Chambers
Informational Hearing and Discussion on
= HB 181 MINING LICENSE REVENUE; REVENUE SHARING
Heard & Held
= HB 166 BULK FUEL REVOLVING LOAN FUND
Heard & Held
              HB 166-BULK FUEL REVOLVING LOAN FUND                                                                          
                                                                                                                                
10:13:21 AM                                                                                                                   
                                                                                                                                
CO-CHAIR NAGEAK announced that the  final order of business would                                                               
be  HOUSE  BILL NO.  166,  "An  Act  relating  to the  bulk  fuel                                                               
revolving loan fund."                                                                                                           
                                                                                                                                
10:13:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE FOSTER, speaking  as the sponsor of  HB 166, began                                                               
by informing  the committee that  Nome receives its fuel  via the                                                               
barge, which substantially adds to  its energy costs.  Currently,                                                               
the  bulk fuel  revolving  loan fund  covers  communities with  a                                                               
population of  2,000 or less.   The legislation  recognizes there                                                               
are hub communities [with a  population larger than 2,000] not on                                                               
the road  system that receive their  fuel via the barge  as well.                                                               
Therefore,  HB 166  proposes to  expand the  bulk fuel  revolving                                                               
loan fund to serve more communities.                                                                                            
                                                                                                                                
10:14:56 AM                                                                                                                   
                                                                                                                                
PAUL   LABOLLE,  Staff,   Representative  Foster,   Alaska  State                                                               
Legislature,  explained that  small isolated  communities located                                                               
off the road system  that are frozen in most of  the year have to                                                               
order fuel  in the fall  and have enough  on hand for  the entire                                                               
winter.  The  aforementioned is a large capital  outlay for small                                                               
communities.    Therefore,  the bulk  fuel  revolving  loan  fund                                                               
offers reasonable  interest and time to  pay the cost.   He noted                                                               
that in  many cases  these small communities  are unable  to even                                                               
get a  loan of the  amount necessary  from a bank.   Furthermore,                                                               
it's not uncommon for them  to incorrectly estimate how much fuel                                                               
they will need  for the winter.  For  instance, Teller frequently                                                               
runs out  of fuel and Nome  has to provide the  fuel.  Therefore,                                                               
the  ability for  the  hub  communities to  have  excess fuel  is                                                               
helpful  to  the  smaller  communities.    However,  the  current                                                               
population  limits  in statute  don't  allow  hub communities  to                                                               
participate  in  the   bulk  fuel  revolving  loan   fund.    The                                                               
legislation  before  the  committee   proposes  to  change  that.                                                               
Although  on  page 2,  line  5,  the  2,000 population  limit  is                                                               
maintained, language  is added such that  communities located off                                                               
the interconnected state  road system with a  population of 4,000                                                               
can  qualify  for  the  bulk  fuel  revolving  loan  fund.    The                                                               
legislation also  changes the top  end loan amount  from $750,000                                                               
to $1,500,000  in order  to mirror  the increased  population [of                                                               
the hub communities].   Echoing his comments at  a prior hearing,                                                               
Mr.  LaBolle emphasized  that the  population threshold  of 4,000                                                               
was  simply a  starting  point.   He then  pointed  out that  the                                                               
committee  packet  includes a  list  of  communities, noting  the                                                               
communities  that would  be included  and those  that would  not.                                                               
The  communities highlighted  in  green are  included because  of                                                               
population, but may not qualify  for the bulk fuel revolving loan                                                               
fund if they are located on  the state road system.  Furthermore,                                                               
highlighted green  communities such as Cordova  would qualify for                                                               
the fund,  but don't have the  need for shipping the  fuel all at                                                               
once  since they  have  an  open port  year-round.   Mr.  LaBolle                                                               
pointed out  that Barrow doesn't  qualify because  its population                                                               
is over 4,000.  Bethel isn't on  the list at all because the list                                                               
is of  communities with a  population under 5,000.   He suggested                                                               
that the committee may want  to consider what population and loan                                                               
amounts to  target.  Mr.  LaBolle then reminded the  committee of                                                               
the  department's testimony  that since  the bulk  fuel revolving                                                               
loan fund  is a pre-capitalized  fund, it doesn't go  through the                                                               
appropriation  process.   Therefore,  it would  be  a first  come                                                               
first serve process  such that new entrants would  be involved in                                                               
an  existing  fund and  when  the  fund  is  all loaned  no  more                                                               
entrants are  included.  The  department suggested that  the bulk                                                               
fuel revolving  loan fund be  capitalized with  approximately $10                                                               
million to address the demand HB 166 would create.                                                                              
                                                                                                                                
10:20:16 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  LEDOUX  asked whether  HB  166  would've addressed  the                                                               
situation with the [Russian tanker] Renda.                                                                                      
                                                                                                                                
REPRESENTATIVE FOSTER related his  understanding that issue is in                                                               
litigation.  The  supplier says it was a  force majeure situation                                                               
in which  a storm made  [the tanker]  unable to deliver,  but the                                                               
local fuel  vendor disagrees.   Either  way, the  situation isn't                                                               
related  to what  this  legislation would  address.   In  further                                                               
response  to  Co-Chair  LeDoux, Representative  Foster  confirmed                                                               
that money had nothing to do with the situation.                                                                                
                                                                                                                                
10:21:17 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DRUMMOND  related   her  understanding  that  the                                                               
department's  presentation is  a  document  entitled "Effects  of                                                               
HB 166 on  Bulk Fuel Loan  Account."   She then related  that she                                                               
learned  from   Meera  Kohler's   presentation  at   the  Pacific                                                               
NorthWest  Economic  Region (PNWER)  this  week  that the  Alaska                                                               
Village   Electric   Cooperative    (AVEC)   ensures   that   its                                                               
participating  communities have  14 months  of fuel  available to                                                               
avoid running  out.   The AVEC  communities, she  noted, wouldn't                                                               
necessarily be  able to  participate in  the bulk  fuel revolving                                                               
loan  fund.     Representative   Drummond  agreed   with  earlier                                                               
statements regarding  the need  to ensure  all citizens  are kept                                                               
safe in  terms of  access to fuel,  regardless of  the population                                                               
size.                                                                                                                           
                                                                                                                                
MR.  LABOLLE explained  that the  change to  $1.5 million  in the                                                               
legislation  is the  result  of taking  an  existing program  and                                                               
scaling  up  to a  larger  population.    He stressed  that  it's                                                               
possible that  the numbers aren't  where they should be  in which                                                               
case the numbers  should be decoupled if the desire  is to ensure                                                               
that communities have 14 months of fuel available.                                                                              
                                                                                                                                
REPRESENTATIVE  DRUMMOND   suggested  that   it's  a   matter  of                                                               
communication  with Ms.  Kohler regarding  how AVEC  came to  its                                                               
number and ensures  that 14 months of fuel is  in its communities                                                               
prior to the end of the barge season.                                                                                           
                                                                                                                                
MR. LABOLLE  added that currently  AVEC doesn't use  the existing                                                               
bulk fuel revolving  loan fund program, although  it does qualify                                                               
for it.                                                                                                                         
                                                                                                                                
10:24:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  commented  that  AVEC  doesn't  need  the                                                               
program rather  the "mom and  pop" communities need  the program.                                                               
He then  inquired as to the  price of fuel when  the current loan                                                               
threshold of  $750,000 was  established.   He suggested  that the                                                               
[loan thresholds] should be based on the current price of oil.                                                                  
                                                                                                                                
MR.  LABOLLE informed  the committee  that the  existing $750,000                                                               
loan  threshold was  established  in  the oil  hike  of 2008  and                                                               
prices are  essentially the same now.   In 2008 heating  fuel was                                                               
set at  $6.05 per gallon  and as of March  2012 it was  $5.83 per                                                               
gallon.  The  price of gasoline in 2008 was  $5.36 per gallon and                                                               
now it's $6.11 per gallon.                                                                                                      
                                                                                                                                
10:25:23 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE FOSTER  informed the committee that  in Nome today                                                               
diesel is $6.39 per gallon.                                                                                                     
                                                                                                                                
MR.  LABOLLE,  in  response  to  Representative  Foster,  further                                                               
explained that there  have been numerous increases to  the cap of                                                               
this the  program.  For instance,  in 2002 the cap  was increased                                                               
to $200,000 and in 2003 it  was increased to $300,000 and in 2006                                                               
it  was increased  to  $400,000.   In 2008  the  program cap  was                                                               
increased twice to  $500,000 during the regular  session and then                                                               
to $750,000 during the special session in Senate Bill 4002.                                                                     
                                                                                                                                
10:26:38 AM                                                                                                                   
                                                                                                                                
CO-CHAIR LEDOUX  suggested that  perhaps an  automatic adjustable                                                               
arm  tied  to  the  price  of fuel  should  be  included  in  the                                                               
legislation, which  would alleviate the need  to have legislation                                                               
to address it.                                                                                                                  
                                                                                                                                
MR.  LABOLLE explained  that the  state  does that  to a  certain                                                               
extent  in  the  operating  budget  with  the  fuel  trigger  for                                                               
departments.  Through  the fuel trigger when the price  of oil is                                                               
over a  certain amount,  funds are  automatically released.   The                                                               
aforementioned  meets   the  needs   of  the   departments  while                                                               
maintaining some  budgetary control such that  funds aren't over-                                                               
appropriated when they  aren't needed.  A  complicating factor in                                                               
this situation is that since  [the bulk fuel revolving loan fund]                                                               
is a capitalized fund not an  appropriation, there isn't a way in                                                               
which   to  ensure   there  are   sufficient  funds   within  the                                                               
capitalized fund to meet a potential  drain in funds if there was                                                               
a significant spike in price.                                                                                                   
                                                                                                                                
10:28:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE FOSTER  opined that although the  increase in loan                                                               
amount  from $750,000  to $1.5  million  is large,  it's a  small                                                               
number in terms  of the [cost of the fuel  communities use].  For                                                               
example, the  amount of  fuel the  small community  of Unalakleet                                                               
uses in a year far exceeds $1.5 million, he suggested.                                                                          
                                                                                                                                
10:29:06 AM                                                                                                                   
                                                                                                                                
CO-CHAIR NAGEAK opened public testimony.                                                                                        
                                                                                                                                
10:29:42 AM                                                                                                                   
                                                                                                                                
JOHN HANDELAND, General Manager,  Nome Joint Utility System, City                                                               
of  Nome,  informed  the  committee   that  for  Nome  the  price                                                               
difference in  fuel as  of June  1 and  today is  $.31.   For the                                                               
order of 2.4  million gallons on the way to  Nome that amounts to                                                               
a $749,520 increase.                                                                                                            
                                                                                                                                
10:31:32 AM                                                                                                                   
                                                                                                                                
MR. HANDELAND,  in response to  Co-Chair LeDoux, stated  that the                                                               
City of Nome purchases on an  annual basis 2.4 million gallons of                                                               
fuel for  the operation of its  power utility and the  heating of                                                               
its school  district.   The Nome City  Council directed  that the                                                               
fuel for the school district  should be purchased with the annual                                                               
fuel  purchase  for the  utility  as  it  can  result in  a  more                                                               
favorable  rate.   The  school district  contracts  with a  local                                                               
company  to  have  the  fuel  brought to  its  facilities.    The                                                               
aforementioned   significantly  reduces   the   cost  of   school                                                               
operations as well  as the contribution the  city makes directly,                                                               
he highlighted.   Fuel can  arrive in Nome  once the port  is ice                                                               
free, which  can occur as  early as the end  of May.   This year,                                                               
however, the port wasn't ice free  until June 10.  Some years, he                                                               
noted, fuel has  been able to be delivered as  late as the middle                                                               
of October.   He  lauded the  valiant efforts  of the  U.S. Coast                                                               
Guard  last year  in  assisting  the Renda  to  Nome  for a  fuel                                                               
delivery in  January.   In response  directly to  Co-Chair LeDoux                                                               
regarding the purchase of fuel,  Mr. Handeland explained that the                                                               
City  of Nome  contracts  the  purchase of  fuel  in January  for                                                               
delivery  during a  delivery  window.   The  contract includes  a                                                               
known  component  for  the transportation,  which  includes  some                                                               
profit  for the  vendor.    However, the  price  of  the fuel  is                                                               
unknown until delivery.   The City of Nome uses  a 30-day average                                                               
for the  price of fuel  in the month in  which it's lifted.   The                                                               
upcoming fuel will be lifted around  August 2nd and thus the fuel                                                               
price  will be  based upon  an average  of the  price of  fuel in                                                               
August.   Presently, the purchase  price is estimated to  be $8.5                                                               
million, although based on the June  1 price and the price Friday                                                               
the estimate will increase to about $9.3 million.                                                                               
                                                                                                                                
10:36:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  DRUMMOND   inquired  as  to  the   definition  of                                                               
"lifted."                                                                                                                       
                                                                                                                                
MR. HANDELAND answered that "lifted"  refers to the date on which                                                               
the  hose  is connected  to  the  header  [on  the barge  at  the                                                               
departure point].   Usually, it takes  10 days from the  time the                                                               
fuel is  lifted to  its arrival  in Nome  because of  other stops                                                               
along the  way.   Nome Utilities  is part  of the  Western Alaska                                                               
Fuel Group,  which is a  group of communities that  band together                                                               
to receive  volume discounts in the  purchase of bulk fuel.   The                                                               
Norton  Sound  Economic  Development Corporation  (NSEDC)  has  a                                                               
program  through which  it attempts  to  assist communities  with                                                               
fuel purchases.   The  assistance from NSEDC  isn't limited  to a                                                               
utility or  city but  rather can  include a  store, a  church, or                                                               
other  entity  that  has  a  large volume  fuel  purchase.    Mr.                                                               
Handeland  highlighted that  Nome  has had  a great  relationship                                                               
with Wells Fargo  Bank over the last 25 years;  money hasn't been                                                               
the problem, but  Nome is looking for ways to  cut costs where it                                                               
can in  order to avoid utility  rate increases.  He  informed the                                                               
committee  that  Nome pays  a  rate  of  5  percent on  its  fuel                                                               
currently.   If Nome were able  to participate in the  [bulk fuel                                                               
revolving loan] program,  it appears Nome could have a  rate of 3                                                               
percent.                                                                                                                        
                                                                                                                                
10:39:30 AM                                                                                                                   
                                                                                                                                
MR. HANDELAND,  speaking specifically  to HB 166,  suggested that                                                               
there would have to be significant  adjustments made to HB 166 in                                                               
order  for  Nome to  participate.    The placeholder  numbers  in                                                               
HB 166 are a good start as  they would likely address many of the                                                               
smaller communities,  but Nome is  considering $8-$10  million in                                                               
purchases.   Since the fund only  has $20 million if  no one else                                                               
borrows  from it,  there wouldn't  be room  for Nome,  he pointed                                                               
out.                                                                                                                            
                                                                                                                                
10:40:38 AM                                                                                                                   
                                                                                                                                
MR. HANDELAND highlighted the city's  suggestions to increase the                                                               
cap and  adjust the repayment as  mentioned by AVEC, which  has a                                                               
14-month supply  of fuel on  hand.   Since it's unknown  when the                                                               
ocean will  be [free of  ice], the desire  would be to  have more                                                               
than  a year's  worth  of fuel  available.   With  regard to  the                                                               
reference  that  loans must  be  payable  in nine  equal  monthly                                                               
payments,  the City  of Nome  makes  payments on  cargo over  the                                                               
course of  12-16 monthly payments,  depending upon  the quantity.                                                               
He  explained  that  they're attempting  to  match  the  [city's]                                                               
revenue stream to the actual  fuel cost.  Therefore, he suggested                                                               
that the repayment period language on  page 1, line 11, of HB 166                                                               
be adjusted.                                                                                                                    
                                                                                                                                
MR.  HANDELAND   then  turned  his   comments  to   energy  costs                                                               
generally.   As has  been mentioned  communities in  rural Alaska                                                               
are  locked into  a season  when they  can receive  fuel as  they                                                               
don't   have  the   opportunity  to   avail  themselves   of  the                                                               
fluctuation in the market.  At  one point there was discussion of                                                               
the option of purchasing fuel in  advance and storing it at Adak,                                                               
but that results  in double shipping costs and  there continue to                                                               
be storage  and financing costs as  well as costs related  to the                                                               
oil  spill   pollution  requirement.    Therefore,   that  option                                                               
includes additional  costs.  He  informed the committee  that the                                                               
City of Nome  has considered purchasing futures in  order to have                                                               
the  opportunity to  hedge market  fluctuations.   However,  that                                                               
proposal  initially  ran   into  a  snag  with   the  power  cost                                                               
equalization  (PCE) program  because with  futures sometimes  one                                                               
wins and  sometimes one  loses.   Furthermore, the  hedging costs                                                               
when the  futures were  higher were  considered ineligible.   Mr.                                                               
Handeland suggested  addressing this  issue on a  statewide basis                                                               
by having  economists in  the permanent  fund determining  how to                                                               
reduce fuel  costs such that  communities have some  certainty in                                                               
terms of fuel costs.                                                                                                            
                                                                                                                                
10:46:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FOSTER characterized  Mr. Handeland's  suggestion                                                               
as  a great  idea.   Although Representative  Foster acknowledged                                                               
that the  futures market  is volatile, he  pointed out  that over                                                               
the course of a year it's  the same in terms of communities being                                                               
unable to purchase [when the fuel is cheaper].                                                                                  
                                                                                                                                
10:47:37 AM                                                                                                                   
                                                                                                                                
CO-CHAIR NAGEAK suggested opening the  rest of Alaska to what the                                                               
rest of the state  enjoys whether it is by a  rail system or road                                                               
system that at  least reaches the regional centers.   Such action                                                               
would open markets for rare  earth minerals and other things that                                                               
would drive up the economy of  the state, help the communities in                                                               
those  regions,  and reduce  costs  for  the communities  in  the                                                               
regions.                                                                                                                        
                                                                                                                                
MR.  HANDELAND remarked  that the  City of  Nome appreciates  Co-                                                               
Chair Nageak's efforts.                                                                                                         
                                                                                                                                
10:50:49 AM                                                                                                                   
                                                                                                                                
CO-CHAIR NAGEAK, upon determining no one else wished to testify,                                                                
closed public testimony.                                                                                                        
                                                                                                                                
10:51:27 AM                                                                                                                   
                                                                                                                                
MR. LABOLLE  pointed out  that one of  the benefits  of including                                                               
larger entrants in  the bulk fuel revolving loan  program is that                                                               
they  are more  reliable.    He explained  that  the more  people                                                               
paying the fund on time, the better off the fund is in general.                                                                 

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