Legislature(2007 - 2008)HOUSE FINANCE 519

02/27/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 49 GIFT CARDS TELECONFERENCED
Scheduled But Not Heard
*+ HB 138 SUPPLEMENTAL APPROPRIATIONS: OIL & GAS TELECONFERENCED
Heard & Held
*+ HB 139 SUPPLEMENTAL APPROPRIATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 27, 2007                                                                                          
                         1:38 p.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Chenault called the House  Finance Committee meeting                                                                   
to order at 1:38:11 PM.                                                                                                       
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Chenault, Co-Chair                                                                                          
Representative Kevin Meyer, Co-Chair                                                                                            
Representative Bill Stoltze, Vice-Chair                                                                                         
Representative Harry Crawford                                                                                                   
Representative Les Gara                                                                                                         
Representative Mike Hawker                                                                                                      
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Bill Thomas, Jr.                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mary Nelson                                                                                                      
Representative Richard Foster                                                                                                   
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Larry Ostrovsky, Chief Assistant  Attorney General, Oil, Gas,                                                                   
and Mining Section, Civil Division,  Department of Law; Kevin                                                                   
Banks,  Director,  Division  of  Oil  &  Gas,  Department  of                                                                   
Natural  Resources;   Karen  Rehfeld,  Director,   Office  of                                                                   
Management and  Budget; Nico  Bus, Acting Director,  Division                                                                   
of Administrative Services, Department  of Natural Resources;                                                                   
Jerry   Burnett,   Director,   Division   of   Administrative                                                                   
Services,  Department  of Revenue;  Eric  Swanson,  Director,                                                                   
Division   of   Administrative    Services,   Department   of                                                                   
Administration;   Janet   Clarke,   Assistant   Commissioner,                                                                   
Division of  Finance and  Management Services, Department  of                                                                   
Health  and   Social  Services;   Samuel  Thomas,   Director,                                                                   
Division of Administrative Services,  Department of Commerce,                                                                   
Community   and   Economic   Development;   Laura   Flemming,                                                                   
Communications Director, Alaska  Seafood Marketing Institute,                                                                   
Department of  Commerce, Community and Economic  Development;                                                                   
Sharleen  Griffin,   Director,  Division  of   Administrative                                                                   
Services, Department of Corrections                                                                                             
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
John   Norman  Chair,   Alaska  Oil   and  Gas   Conservation                                                                   
Commission (AOGCC);  Lynn Kent, Director, Division  of Water,                                                                   
Department  of Environmental  Conservation;  Dwayne  Peeples,                                                                   
Deputy Commissioner, Department of Corrections                                                                                  
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 138    "An  Act  making  supplemental  appropriations  and                                                                   
          other appropriations;  amending the lapse  dates of                                                                   
          certain   appropriations;  and  providing   for  an                                                                   
          effective date."                                                                                                      
                                                                                                                                
          HB 138 was heard and  HELD in Committee for further                                                                   
          consideration.                                                                                                        
                                                                                                                                
HB 139    "An   Act   making   supplemental   appropriations,                                                                   
          capital  appropriations, and other  appropriations;                                                                   
          amending certain appropriations;  ratifying certain                                                                   
          expenditures;  making appropriations  to capitalize                                                                   
          funds; and providing for an effective date."                                                                          
                                                                                                                                
          HB 139 was heard and  HELD in Committee for further                                                                   
          consideration.                                                                                                        
                                                                                                                                
HB 49     "An   Act   relating    to   credit   memos,   gift                                                                   
          certificates,  and  gift  cards, and  to  unclaimed                                                                   
          property;  and making a  violation of certain  gift                                                                   
          card prohibitions an unlawful trade practice."                                                                        
                                                                                                                                
         CSHB 49(L&C) was scheduled but not heard.                                                                              
                                                                                                                                
1:39:14 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 138                                                                                                            
                                                                                                                                
     "An  Act making  supplemental  appropriations and  other                                                                   
     appropriations;  amending  the  lapse dates  of  certain                                                                   
     appropriations; and providing for an effective date."                                                                      
                                                                                                                                
KAREN  REHFELD, DIRECTOR,  OFFICE OF  MANAGEMENT AND  BUDGET,                                                                   
introduced   Larry   Ostrovsky,  Chief   Assistant   Attorney                                                                   
General,  Oil,  Gas,  and  Mining  Section,  Civil  Division,                                                                   
Department  of Law; Nico  Bus, Acting  Director, Division  of                                                                   
Administrative  Services,  Department of  Natural  Resources;                                                                   
and  Jerry  Burnett,  Director,  Division  of  Administrative                                                                   
Services, Department of Revenue.                                                                                                
                                                                                                                                
Section 1          Law                                                                                                          
                                                                                                                                
     Capital - Oil, Gas & Mining                                                                                                
                                                                                                                                
     Work  related to  the state  gas  pipeline and  bringing                                                                   
     North  Slope natural gas  to market,  and other  oil and                                                                   
     gas  projects.   The  Department  of  Law's Oil,  Gas  &                                                                   
     Mining  section continues  to play a  major role  in the                                                                   
     State's   top   priority    project   related   to   the                                                                   
     construction of a gas pipeline  and bringing natural gas                                                                   
     to market.  A number of  contracts with outside  counsel                                                                   
     and experts are underway  and will continue to be needed                                                                   
     as negotiations  continue.   In addition the  Department                                                                   
     of Law  anticipates the Exxon  Royalty Reopener  will go                                                                   
     to  trial in  either FY  07 or  FY 08  and continues  to                                                                   
     prepare  for a  four  to five  week  hearing before  the                                                                   
     Federal Energy  Regulation Committee (FERC)  considering                                                                   
     (in part)  the state's and Anadarko's challenges  to the                                                                   
     TransAlaska Pipeline Service (TAPS) 2005 FERC tariff.                                                                      
      $21,500.0                                                                                                                 
                                                                                                                                
LARRY OSTROVSKY, CHIEF ASSISTANT  ATTORNEY GENERAL, OIL, GAS,                                                                   
AND MINING SECTION, CIVIL DIVISION,  DEPARTMENT OF LAW, noted                                                                   
the large  size of  the supplemental bill.   He related  that                                                                   
the bill is  broken down into FY  07 and FY 08.   He spoke of                                                                   
the history of  expenditures for litigation and  gas pipeline                                                                   
matters.  The return to the state  on a $9 million investment                                                                   
into litigation  is about $90  million.  The majority  of the                                                                   
supplemental request  deals with litigation.   The reason for                                                                   
such   a  large   supplemental   is  due   to  gas   pipeline                                                                   
expenditures  this   past  year  and  the   numerous  special                                                                   
sessions.                                                                                                                       
                                                                                                                                
1:45:15 PM                                                                                                                    
                                                                                                                                
Representative Stoltze  announced that the Department  of Law                                                                   
subcommittee  has  invited Mr.  Ostrovsky  to  speak on  this                                                                   
issue later  this week  and questions  could be addressed  at                                                                   
that time.                                                                                                                      
                                                                                                                                
Representative  Hawker  wondered  to which  counsel  the  $21                                                                   
million would  go.   Mr. Ostrovsky replied  that some  of the                                                                   
money would  go to  the firm of  Morrison and Foerster,  LLP,                                                                   
which has provided litigation  services to the state for TAPS                                                                   
tariff  work   for  over   three  decades.     The   firm  of                                                                   
Kirkpatrick,  Lockhart,  and  Gates,  LLP,  is  dealing  with                                                                   
income tax  issues.  For  royalty matters, Spencer  Hosie and                                                                   
other counsel out of Anchorage  have been engaged.  Greenberg                                                                   
Traurig, LLP,  out of Washington,  D.C., is dealing  with gas                                                                   
pipeline issues.                                                                                                                
                                                                                                                                
Representative Hawker requested  an explanation as to how the                                                                   
$21.5 million  would be  split between  the gas pipeline  and                                                                   
other  projects.    Mr. Ostrovsky  offered  to  provide  that                                                                   
information in writing.   He explained the factors  that went                                                                   
into determining the cost of cases.   About $2.5 million went                                                                   
to tax tariff cases this year  and about $1.3 million will be                                                                   
spent  in FY  08.   For income  tax cases,  $2.8 million  was                                                                   
spent this  year and $4.45 million  will be spent  next year.                                                                   
About $300,000  was spent this  year on royalty  cases; about                                                                   
$1 million  will be  spent next year.   Mr. Ostrovsky  opined                                                                   
that  there  are royalty  matters  at  stake worth  over  $50                                                                   
million.    Point  Thomson litigation  costs  were  about  $1                                                                   
million this year  and will be about $500,000  next year, due                                                                   
to  its  status  in  administrative  appeal,  which  is  less                                                                   
costly.                                                                                                                         
Mr.  Ostrovsky  addressed gas  pipeline  expenditures,  which                                                                   
were estimated  at $3  million for this  year and  $6 million                                                                   
for next year.   That estimate has since been  reduced due to                                                                   
no  expenditures  during  December   and  January.    Current                                                                   
estimates are at about $500,000 per month.                                                                                      
                                                                                                                                
1:52:55 PM                                                                                                                    
                                                                                                                                
Representative Hawker asked about  the effective dates of the                                                                   
request.   He  wondered if  there were  outstanding bills  or                                                                   
just  prospective costs.   Mr.  Ostrovsky  reported that  the                                                                   
request was mostly due to outstanding  bills: $2.5 million on                                                                   
TAPS  tariff work,  which  could  be worth  as  much as  $100                                                                   
million  a  year  over five  years.    Representative  Hawker                                                                   
inquired  if it was  an administrative  decision to  continue                                                                   
the  TAPS   tariff  work.     Mr.  Ostrovsky  said   it  was.                                                                   
Representative  Hawker asked if  that work was  satisfactory.                                                                   
Mr. Ostrovsky  replied  that it was.   Representative  Hawker                                                                   
wondered  if  the  work  was not  adequate  on  gas  pipeline                                                                   
negotiations   and   questioned   why  new   attorneys   were                                                                   
solicited.   Mr. Ostrovsky explained  why fresh  lawyers were                                                                   
engaged.                                                                                                                        
                                                                                                                                
1:55:55 PM                                                                                                                    
                                                                                                                                
Representative   Hawker  inquired   whether,  now   that  the                                                                   
Department of  Law has hired the legislature's  attorneys, if                                                                   
the  legislature  has  the  availability  of  unbiased  legal                                                                   
counsel.   Mr. Ostrovsky  replied that was  a concern  of the                                                                   
Legislative Budget  and Audit Committee.   There is  a waiver                                                                   
with Greenberg  Traurig which states  that they can  help the                                                                   
administration   formulate  legislation,   but  once   it  is                                                                   
introduced,  they are  free to  comment in  any way they  see                                                                   
fit.   The legislature is also  free to review  any documents                                                                   
produced.  If there is an irreconcilable  conflict, the state                                                                   
would have to withdraw and find other counsel.                                                                                  
                                                                                                                                
Representative Hawker thought  it would be problematic for an                                                                   
attorney  to be  working  on  both sides  of  an  issue.   He                                                                   
questioned the  reasoning behind letting Morris  and Forester                                                                   
go.   Mr. Ostrovsky  thought it  was a  unique situation  and                                                                   
made sense to  get a second perspective.  The  governor wants                                                                   
to move in a  different direction and sees  a common interest                                                                   
between the administration  and the legislature.   It is also                                                                   
a matter of efficiency.                                                                                                         
                                                                                                                                
1:58:39 PM                                                                                                                    
                                                                                                                                
Representative Gara inquired about  the TAPS litigation.  Mr.                                                                   
Ostrovsky explained  that in 2003 RCA made  the determination                                                                   
of intrastate rates  through TAPS at $1.96 per  barrel.  Most                                                                   
of  the oil  that goes  through  TAPS, about  90 percent,  is                                                                   
interstate and is about $4.60  per barrel.  The state and the                                                                   
carriers  had a  TAPS settlement  agreement  for many  years,                                                                   
which could  expire as soon as  2009.  That  agreement states                                                                   
that there  will be  no undue discrimination  in rates.   The                                                                   
state believes that it is discriminatory  to intrastate rates                                                                   
and has asked FERC to change to  the RCA rates.  The carriers                                                                   
believe the opposite to be true.                                                                                                
                                                                                                                                
2:00:42 PM                                                                                                                    
                                                                                                                                
 Section 2(a)      Natural Resources Capital                                                                                    
                                                                                                                                
     Gas Pipeline Analysis                                                                                                      
     Outside  experts and  consultants will  be retained  for                                                                   
     work  related to  the  gas pipeline,  including  outside                                                                   
     legal counsel  and experts  on federal pipeline  law and                                                                   
     FERC procedures.   A consultant  to advise the  state on                                                                   
     crafting  an  RFP  consistent with  the  Alaska  Gasline                                                                   
     Inducement  Act (AGIA)  for gasline  proposals and  with                                                                   
     analyzing  those  proposals  under  AGIA  will  also  be                                                                   
     retained.                                                                                                                  
      $6,550.0                                                                                                                  
                                                                                                                                
NICO  BUS,   ACTING  DIRECTOR,  DIVISION   OF  ADMINISTRATIVE                                                                   
SERVICES,  DEPARTMENT  OF NATURAL  RESOURCES,  explained  the                                                                   
request  for gas  pipeline  analysis,  which  is intended  to                                                                   
cover the retention  of outside experts and  consultants on a                                                                   
number  of aspects  relating to  the  gas pipeline  analysis,                                                                   
specifically  outside experts on  FERC, tariff cost  overrun,                                                                   
and royalty evaluation methodology.                                                                                             
                                                                                                                                
Mr. Bus  related the two aspects  of the request, one  for an                                                                   
RFP  consultant to  help the  state solicit  bids on  gasline                                                                   
applicants, and monitor  it through the process  from a legal                                                                   
and  commercial framework.    The other  aspect  is for  FERC                                                                   
experts and outside counsel for  $1.25 million.  The total of                                                                   
$6.550 million can  be split between two fiscal  years, FY 07                                                                   
- $4.135 million, and FY 08 -  $2.450 million, for continuity                                                                   
and to treat it as a capital appropriation.                                                                                     
                                                                                                                                
2:02:29 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  asked why  there  is  a "new  funding                                                                   
request" without  first having a  briefing on AGIA.   Mr. Bus                                                                   
explained   the    reasoning   behind   the    appropriation.                                                                   
Representative Hawker requested a fiscal note.                                                                                  
                                                                                                                                
Representative Chenault asked  if $4.1 million is expected to                                                                   
be expended  the remainder  of FY 07  and $2.4 million  in FY                                                                   
08.  Mr. Bus said yes.                                                                                                          
                                                                                                                                
Section 2(b)       Natural Resources Capital                                                                                    
                                                                                                                                
     Oil and Gas Lease Litigation                                                                                               
     This project  will help offset  the costs  of litigation                                                                   
     arising out of the DNR's  exercise of the state's rights                                                                   
     under its  leases and the unit agreement  (Point Thomson                                                                   
     appeal).   This  request  will help  fund  the costs  of                                                                   
     outside experts and legal counsel.                                                                                         
     $1,500.0                                                                                                                   
                                                                                                                                
Mr.  Bus explained  that  the  amount  of $1.500  million  is                                                                   
requested as an  appropriation to DNR to support  any oil and                                                                   
gas lease  litigation.  It may  be dealt with by DOL  and DNR                                                                   
cooperatively.     Representative   Chenault  asked   if  any                                                                   
duplication  would be  refunded.   Mr.  Bus  stated that  DNR                                                                   
would work closely with DOL.                                                                                                    
                                                                                                                                
Representative  Hawker asked  for a breakdown  between  FY 07                                                                   
and FY  08 spending.  Mr.  Bus explained that  $600,000 would                                                                   
be spent in FY 07 and about $700,000 in FY 08.                                                                                  
                                                                                                                                
2:05:42 PM                                                                                                                    
                                                                                                                                
 Section 3(a) Revenue   Capital                                                                                                 
                                                                                                                                
      Commercialization  of  North Slope  Gas  $419.5  -  two                                                                   
     internal economists  to work on gasline  issues $1,360.0                                                                   
     for   two  contractual   economists  and/or   commercial                                                                   
     analysts' firms to assist  in modeling and analyzing tax                                                                   
     incentives and  impacts, marketing options  and criteria                                                                   
     to evaluate  applicants and  proposed projects  $1,169.6                                                                   
     for          specialized          legal          counsel                                                                   
     $50.9  for other  costs, including  financial and  legal                                                                   
     research                                                                                                                   
     $3,000.0                                                                                                                   
                                                                                                                                
JERRY   BURNETT,   DIRECTOR,   DIVISION   OF   ADMINISTRATIVE                                                                   
SERVICES, DEPARTMENT  OF REVENUE, explained that  the request                                                                   
is for  commercialization of North  Slope gas.  He  broke the                                                                   
request down  into $419,000 for  two state economists  for 17                                                                   
months, $1.3 million for external  economists, and about $1.2                                                                   
million for  attorneys and law  firms, and about  $50,000 for                                                                   
travel and meeting expense.  That  is about $874,000 in FY 07                                                                   
and about $2 million in FY 08.                                                                                                  
                                                                                                                                
Representative  Chenault asked  if the  two state  economists                                                                   
are  currently on  staff.   Mr. Burnett  related how  current                                                                   
staff would be reorganized.  He  thought that Roger Marks and                                                                   
Dr. Michael Williams would be working on this issue.                                                                            
                                                                                                                                
2:08:20 PM                                                                                                                    
                                                                                                                                
Representative Hawker  inquired if there would  be incentives                                                                   
regarding this sort  of development.  He also  questioned the                                                                   
meaning of creating new tax structures.   Mr. Burnett replied                                                                   
that he could not answer those questions yet.                                                                                   
                                                                                                                                
Representative Gara  asked how long outside  legal help would                                                                   
be needed.   Mr.  Ostrovsky replied  that it  depends on  the                                                                   
case.     He  gave  an  example   of  a  TAPS   tariff  case.                                                                   
Representative Gara  suggested a cheaper way to  add staff to                                                                   
the Department of Law.  Mr. Ostrovsky  observed two problems:                                                                   
low  paying  salaries  and difficulty  in  finding  qualified                                                                   
expertise due to poor salaries.                                                                                                 
                                                                                                                                
2:12:58 PM                                                                                                                    
                                                                                                                                
 Section 3(b)      Revenue                                                                                                      
                                                                                                                                
      Tax   Division   Petroleum    Production    Tax   (PPT)                                                                   
     implementation  costs: $521.7  for  three positions  and                                                                   
     contracts  for  developing   regulations,  expenses  for                                                                   
     public hearings and legal advice on regulations.                                                                           
     $521.7                                                                                                                     
                                                                                                                                
Mr.  Burnett noted  that the  fiscal  note identifies  almost                                                                   
$1.4  million  for  a  full  year's   implementation  of  the                                                                   
Petroleum Production Tax (PPT).                                                                                                 
                                                                                                                                
 Section 3(c) Revenue                                                                                                           
                                                                                                                                
      Tax Division Language  to allow the department  to make                                                                   
     refunds  for  capital  expenditures  and lease  bids  as                                                                   
     provided in the PPT, AS 43.55.023(f).                                                                                      
     $0.0                                                                                                                       
                                                                                                                                
Mr.  Burnett explained  that this  language appropriates  the                                                                   
funding for the transferable tax credit refunds in FY 07.                                                                       
                                                                                                                                
2:14:39 PM                                                                                                                    
                                                                                                                                
Section 4(a)       Natural Resources Gas Pipeline                                                                               
                                                                                                                                
     Extend lapse date from June  30, 2007, to June 30, 2008,                                                                   
     for the  Bullen Pt. Road right-of-way  permitting multi-                                                                   
     year allocation  in sec. 7(d)(1),  ch. 6, SLA  2005, pg.                                                                   
     11,  as amended  by sec.  34(c), ch. 82,  SLA 2006,  pg.                                                                   
     151.   The amount  expected to  be available is  $100.0.                                                                   
                                                                                                                                
     The  lapse  extension  also   applies  to  sec.  7(d)(2)                                                                   
     Division  of  Oil  and  Gas  Increased  Workload,  which                                                                   
     expects $150.0 to be available.                                                                                            
                                                                                                                                
     The  lapse  extension  also   applies  to  sec.  7(d)(3)                                                                   
     Commissioner's   office   increased  workload.      This                                                                   
     allocation is expected to  be fully expended by June 30,                                                                   
     2007.                                                                                                                      
     $0.0                                                                                                                       
                                                                                                                                
Mr. Bus explained the three elements  in the section affected                                                                   
by extending the  lapse date from June 30, 2007,  to June 30,                                                                   
2008.   He shared  the logic for  extending the Bullen  Point                                                                   
Road project, the Division of  Oil and Gas Increased Workload                                                                   
appropriation,   and   a  Workload   appropriation   in   the                                                                   
Commissioner's Office.                                                                                                          
                                                                                                                                
Representative  Chenault asked  about the  Bullen Point  Road                                                                   
right-of-way permitting.   Mr. Bus related the  details about                                                                   
that project.  He presented a map of the project.                                                                               
                                                                                                                                
2:17:37 PM                                                                                                                    
                                                                                                                                
 4(b) Administration - Alaska Oil and Gas Conservation                                                                          
     Commission                                                                                                                 
     Extend the lapse date from June 30, 2007, to June 30,                                                                      
     2008,  for  the  gas  pipeline   development  multi-year                                                                   
     appropriation  made in  sec. 20(a),  ch. 3, FSSLA  2005,                                                                   
     pg. 106, line  21.  The amount expected  to be available                                                                   
     is $250.0.                                                                                                                 
     $0.0                                                                                                                       
                                                                                                                                
ERIC SWANSON, DIRECTOR, DIVISION  OF ADMINISTRATIVE SERVICES,                                                                   
DEPARTMENT  OF ADMINISTRATION,  addressed  the section  which                                                                   
extends the lapse date for the gas pipeline development.                                                                        
                                                                                                                                
Representative  Chenault asked  about gas  off take  rates in                                                                   
Point Thomson.  He also wondered  about the ramifications due                                                                   
to the Exxon litigation.                                                                                                        
                                                                                                                                
2:19:20 PM                                                                                                                    
                                                                                                                                
JOHN   NORMAN  CHAIR,   ALASKA  OIL   AND  GAS   CONSERVATION                                                                   
COMMISSION (AOGCC),  responded to second question  first.  He                                                                   
reported that the Exxon study  of the Point Thomson reservoir                                                                   
is back  on track.  It  was interrupted or  suspended because                                                                   
Exxon was  hit with default  notices on  the unit and  on the                                                                   
leases.   He  anticipates  the outcome  of  the dispute  will                                                                   
derive useful  information to resolve  the gas off  take rate                                                                   
at Point  Thomson reservoir.   He emphasized that he  has not                                                                   
received any  applications regarding  off take rates.   AOGCC                                                                   
initiated  proceedings  to update  the  field  rules for  the                                                                   
Prudhoe  Bay reservoir  and  to  initiate the  Point  Thomson                                                                   
study.   He  reiterated  that  the  operators have  not  been                                                                   
cooperative in  working out the  off take rate  regarding the                                                                   
reservoirs.                                                                                                                     
                                                                                                                                
2:23:07 PM                                                                                                                    
                                                                                                                                
Mr. Norman explained that the  Point Thomson reservoir has no                                                                   
gas  off  take  and  is  unique  because  of  extremely  high                                                                   
pressures.     It  is  called   a  retrograde   reservoir,  a                                                                   
complicated reservoir  that requires  a great deal  of study.                                                                   
The potential to waste liquid hydrocarbon exists.                                                                               
                                                                                                                                
2:25:53 PM                                                                                                                    
                                                                                                                                
Mr.  Norman related  that the  total amount  to be  dispersed                                                                   
from FY  06 to FY 10  remains at $4.7  million.  He  spoke of                                                                   
receiving $1.2 million  to update Prudhoe Bay  off take rate.                                                                   
He anticipates  ending FY 06  with about $250,000,  not spent                                                                   
or encumbered,  of  the $4.7 million.   The  request is  that                                                                   
$250,000  be carried  forward  in order  to  insure that  the                                                                   
project is done correctly.                                                                                                      
                                                                                                                                
2:28:31 PM                                                                                                                    
                                                                                                                                
4(b)      Natural Resources - Gas Pipeline                                                                                      
                                                                                                                                
     Extend lapse date from June  30, 2007, to June 30, 2008,                                                                   
     for the  gas pipeline risk  analysis and  royalty issues                                                                   
     multi-year  allocation in  sec. 20(c)(1),  ch. 3,  FSSLA                                                                   
     2005,  pg. 107,  line  2.   The  amount  expected to  be                                                                   
     available is $1,500.0. The  lapse extension also applies                                                                   
     to sec. 20(c)(2) gas pipeline  corridor geologic hazards                                                                   
     and resource  evaluation.   This allocation  is expected                                                                   
     to be fully expended by June 30, 2007.                                                                                     
     $0.0                                                                                                                       
                                                                                                                                
Mr. Bus  explained the  two parts:  extending the lapse  date                                                                   
for  gas  pipeline  risk  analysis  and  evaluating  the  Gas                                                                   
Pipeline  Corridor  Geologic Hazards  &  Resource  Evaluation                                                                   
appropriation.                                                                                                                  
                                                                                                                                
Representative  Hawker  asked  why  the  old  process  should                                                                   
continue to receive  funding.  Mr. Bus deferred  to Mr. Banks                                                                   
to answer.                                                                                                                      
                                                                                                                                
KEVIN BANKS, DIRECTOR,  DIVISION OF OIL & GAS,  DEPARTMENT OF                                                                   
NATURAL RESOURCES,  explained what the risk  assessment money                                                                   
has done  so far.  That  concept continues in the  AGIA bill,                                                                   
which comes out on Friday.                                                                                                      
                                                                                                                                
 4(b) Revenue      Commissioner's Office                                                                                        
                                                                                                                                
      Extend lapse  date  from June  30,  2007,  to June  30,                                                                   
     2008,  for  the  gas  pipeline   development  multi-year                                                                   
     appropriation made in sec.  20(e), ch. 3 FSSLA 2005, pg.                                                                   
     107,  line 13. The  amount expected  to be available  is                                                                   
     $100.0.                                                                                                                    
     $0.0                                                                                                                       
                                                                                                                                
 4(b) Revenue      Alaska Natural Gas Development Authority                                                                     
                                                                                                                                
     Extend lapse date from June 30, 2007, to June 30, 2008,                                                                    
     for    the   gas    pipeline   development    multi-year                                                                   
     appropriation made  in sec 20(f), ch. 3,  FSSLA 2005, pg                                                                   
     107, line  16.  The amount  expected to be  available is                                                                   
     $500.0.                                                                                                                    
     $0.0                                                                                                                       
                                                                                                                                
Mr. Burnett  explained that this  section contains  two lapse                                                                   
date  extensions  used  for  work   on  commercialization  of                                                                   
natural gas.   The amount of  money expected to  be available                                                                   
will be carried forward to FY 08.                                                                                               
                                                                                                                                
2:34:10 PM                                                                                                                    
                                                                                                                                
 4(c) Natural Resources - Gas Pipeline                                                                                          
                                                                                                                                
      Extend lapse  date  from June  30,  2007,  to June  30,                                                                   
     2008, for  the Bullen  Pt. Road right-of-way  permitting                                                                   
     multi-year  allocation in  sec. 20(d)(1),  ch. 3,  FSSLA                                                                   
     2005, pg.  107, line 10,  as amended by sec.  34(d), ch.                                                                   
     82,  SLA 2006,  pg.  151.   The  amount  expected to  be                                                                   
     available is $800.0.                                                                                                       
                                                                                                                                
     The  lapse  extension  also  applies  to  sec.  20(d)(2)                                                                   
     Division  of  Oil  and Gas  Increased  Workload.    This                                                                   
     allocation is  expected to be full expended  by June 30,                                                                   
     2007.                                                                                                                      
                                                                                                                                
     The  lapse  extension  also  applies  to  sec.  20(d)(3)                                                                   
     Commissioner's office increased  workload, which expects                                                                   
     $10.0 to be available.                                                                                                     
     $0.0                                                                                                                       
                                                                                                                                
Mr. Bus related that this section  extends a lapse date which                                                                   
affects   Bullen    Point   Road   Right-of-Way    Permitting                                                                   
appropriation.                                                                                                                  
                                                                                                                                
2:34:50 PM                                                                                                                    
                                                                                                                                
Representative Kelly asked if  LB&A agreed with the Greenberg                                                                   
Traurig waiver  of conflict.   Mr. Ostrovsky said  the waiver                                                                   
was from the  administration.  Representative  Kelly asked if                                                                   
both sides agreed.  Mr. Ostrovsky said yes.                                                                                     
                                                                                                                                
Representative Gara  repeated his suggestion to  cut expenses                                                                   
by not contracting out services  and, instead, using in-house                                                                   
attorneys.                                                                                                                      
                                                                                                                                
HB  138  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
2:37:26 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 139                                                                                                            
                                                                                                                                
     "An  Act  making  supplemental  appropriations,  capital                                                                   
     appropriations,   and  other  appropriations;   amending                                                                   
     certain appropriations; ratifying  certain expenditures;                                                                   
     making   appropriations   to   capitalize   funds;   and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
Ms.  Rehfeld explained  the  organization  of  HB 139,  which                                                                   
includes a "time sensitive" section of appropriations.                                                                          
                                                                                                                                
2:39:27 PM                                                                                                                    
                                                                                                                                
 1(c) Corrections Inmate Health Care                                                                                            
                                                                                                                                
     The funding  is needed to  meet the medical  obligations                                                                   
     for the  aging and increased  offender population.   The                                                                   
     driving factors are the sharp  increase in the number of                                                                   
     offenders  needing treatment, the  cost of dialysis  and                                                                   
     cancer  treatments  and  the  growing  number  of  life-                                                                   
     threatening cases.  The department will  potentially run                                                                   
     out of funds  as early as March 2007 and  not be able to                                                                   
     pay  vendors  for  services  provided.  $439.0  of  this                                                                   
     request   is  related   to   nurses'  market-based   pay                                                                   
     increase.                                                                                                                  
     $3,903.4                                                                                                                   
                                                                                                                                
SHARLEEN  GRIFFIN,   DIRECTOR,  DIVISION  OF   ADMINISTRATIVE                                                                   
SERVICES,  DEPARTMENT  OF  CORRECTIONS,  explained  the  time                                                                   
sensitive request for inmate health  care.  She reported that                                                                   
$439,000 is for  market-based pay increases for  nurses.  The                                                                   
remaining $3,464,000  is for increased health  care costs for                                                                   
an aging inmate population.                                                                                                     
                                                                                                                                
2:40:51 PM                                                                                                                    
                                                                                                                                
Representative  Gara wondered  why this request  is not  in a                                                                   
fast  track supplemental.    He  questioned the  large  under                                                                   
budgeting of the  nurses' salary request.  Ms.  Griffin noted                                                                   
that  this piece  is  in the  time-sensitive  section of  the                                                                   
bill, similar  to the fast track  supplemental.  Much  of the                                                                   
expense is due to unexpected catastrophic illness.                                                                              
                                                                                                                                
2:42:25 PM                                                                                                                    
                                                                                                                                
Representative  Hawker stated  that  in FY  06  there was  an                                                                   
adjusted base for  inmate health care of $22.6  million and a                                                                   
supplemental request  for $2.6 million.   Now in FY  07 there                                                                   
is a $4.9 million  supplemental request.  He  opined that the                                                                   
Department of Corrections  is a year behind  in budgeting, in                                                                   
spite of  assurances last  year that it  was not behind.   He                                                                   
recalled last year's discussion about "truth in budgeting".                                                                     
                                                                                                                                
 1(d)  Corrections Anchorage Correctional Complex                                                                               
                                                                                                                                
     The  Anchorage   Correctional  complex  is   housing  50                                                                   
     offenders  in crisis  overflow beds  in the  gym due  to                                                                   
     overcrowding  in  the facility.    This  request is  for                                                                   
     required overtime for an  additional security post which                                                                   
     translates   into   four    positions.   The   projected                                                                   
     expenditures  indicate that the  component will  run out                                                                   
     of funds by the middle of April.                                                                                           
     $1,082.7                                                                                                                   
                                                                                                                                
Ms. Griffin  addressed the  time sensitive request  regarding                                                                   
overcrowding  of the  Anchorage  Correctional  Complex.   She                                                                   
emphasized the risk to security that overcrowding poses.                                                                        
                                                                                                                                
2:44:30 PM                                                                                                                    
                                                                                                                                
Representative  Gara   wondered  why  the   continuous  under                                                                   
budgeting  and if the  budget proposal  will be greater  this                                                                   
year.  Ms. Griffin  replied that work is being  done with OMB                                                                   
on several issues.   Ill inmates are sent to  Arizona to save                                                                   
funds.  The hope is to reduce expenses.                                                                                         
                                                                                                                                
Representative  Gara maintained that  health care  costs have                                                                   
been under funded and questioned  if the budget would reflect                                                                   
true costs.                                                                                                                     
                                                                                                                                
DWAYNE   PEEPLES,   DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS, noted  that the department is in  the process of                                                                   
evaluating  health care costs.   He  noted that an  amendment                                                                   
would be  presented in a  couple of  days, but did  not think                                                                   
the  department  would  have an  accurate  estimate  for  two                                                                   
months.                                                                                                                         
                                                                                                                                
2:47:46 PM                                                                                                                    
                                                                                                                                
 3(a) Corrections Out-of-State Contractual                                                                                      
                                                                                                                                
     FY07 budget  was based  on 900 prisoners  to be  sent to                                                                   
     Arizona. The  current number of prisoners  in Arizona is                                                                   
     1060  and  the department  anticipates  the  need for  a                                                                   
     total  of 1,250 beds  to assist  in meeting the  growing                                                                   
     prisoner population.                                                                                                       
     $1,338.5                                                                                                                   
                                                                                                                                
Ms.  Griffin   explained  that  there  are   currently  1,060                                                                   
offenders in  Arizona and  a plan to  increase the  number to                                                                   
1,250.     The  Administration   is  looking  at   population                                                                   
management strategies and may change the request.                                                                               
                                                                                                                                
Representative Hawker  observed that a 1,000  bed request was                                                                   
approved in  the prior year.   The extra beds were  taken out                                                                   
in Conference Committee, which  resulted in the supplemental.                                                                   
                                                                                                                                
2:49:51 PM                                                                                                                    
                                                                                                                                
 3(b) Corrections Institution Director's Office                                                                                 
                                                                                                                                
        1) Correctional officer  overtime is taking place due                                                                   
     to vacant correctional officer  positions and facilities                                                                   
     overcrowding. When  the offender population  exceeds the                                                                   
     emergency   capacity  in   the   facility,  it   becomes                                                                   
     necessary  to  employ  additional   security  staff  for                                                                   
     public safety and protection.                                                                                              
     $2,096.5                                                                                                                   
        2)  The  facilities  are   also  dealing  with  costs                                                                   
     resulting  directly from  prisoner overcrowding  and the                                                                   
     increased  costs  of  goods   and  services.    This  is                                                                   
     attributable to setting up crisis overflow beds.                                                                           
     $2,000.0                                                                                                                   
        3)  Electrical  costs  have  also  increased  in  all                                                                   
     institutions.                                                                                                              
     $300.0                                                                                                                     
        4)  Funding  transfer  from Statewide  Probation  and                                                                   
     Parole to offset increased costs in the institutions.                                                                      
     $4,496.5                                                                                                                   
                                                                                                                                
Ms.  Griffin  noted  that the  request  is  for  correctional                                                                   
overtime due  to overcrowding and  to vacant positions.   The                                                                   
year  began with  90  correctional officer  vacancies,  which                                                                   
rose  to 95  before  dropping back  to 60.    There are  also                                                                   
increased  costs  due  to  higher  offender  populations  and                                                                   
rising costs for goods and services.                                                                                            
                                                                                                                                
2:51:11 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  questioned  if  privatization  of  the                                                                   
entire  system had been  considered.   Mr. Peeples  responded                                                                   
that   the   current  administration   has   not   considered                                                                   
privatization  and   did  not  anticipate   consideration  of                                                                   
privatization.       Representative    Hawker   noted    that                                                                   
                                                            th                                                                  
privatization   had   been   considered    during   the   24                                                                    
Legislature.                                                                                                                    
                                                                                                                                
2:53:26 PM                                                                                                                    
                                                                                                                                
 3(c)  Corrections Institution Director's Office                                                                                
                                                                                                                                
     Unpaid invoices  from vendors from FY2006,  including an                                                                   
     unpaid  RSA with  the Department  of Transportation  for                                                                   
     State  Equipment Fleet  charges of  $42.6 and an  unpaid                                                                   
     RSA with  the Department of Administration  for training                                                                   
     charges of $2.5.                                                                                                           
     $63.1                                                                                                                      
                                                                                                                                
Ms. Griffin noted that section  3(c) pertained to interagency                                                                   
transfers to other state agencies for unpaid invoices.                                                                          
                                                                                                                                
 3(d) Corrections Inmate Transportation                                                                                         
                                                                                                                                
     More prisoner transports  between Alaska and Arizona due                                                                   
     to management of the increased  inmate population in the                                                                   
     state.                                                                                                                     
     $90.0                                                                                                                      
                                                                                                                                
Ms. Griffin explained that section  3(d) would cover prisoner                                                                   
transportation  between Alaska  and Arizona.   Representative                                                                   
Chenault questioned  if the funds  would be sufficient.   Mr.                                                                   
Peeples noted  that the  U.S. Marshals and  jets are  used to                                                                   
move up  to 110 prisoners at  one time.  Smaller  numbers are                                                                   
moved  with  Alaska  correctional  officers and  the  use  of                                                                   
Alaska Airlines fares.                                                                                                          
                                                                                                                                
2:55:47 PM                                                                                                                    
                                                                                                                                
 3(e) Corrections Anchorage Correctional Complex                                                                                
                                                                                                                                
     Revenue shortfall  in federal manday billings  is due to                                                                   
     the  reduction in  federal detainees  and the number  of                                                                   
     days these prisoners are held in this facility.                                                                            
     $1,000.0                                                                                                                   
                                                                                                                                
Ms. Griffin  related that the  request is for $1  million for                                                                   
federal revenue collection shortfalls.                                                                                          
                                                                                                                                
 3(f) Corrections Anchorage Correctional Complex                                                                                
                                                                                                                                
     If  manday billings  are greater  than anticipated,  the                                                                   
     appropriation  in  4(j)  is  reduced  by  an  equivalent                                                                   
     amount.                                                                                                                    
     $0.0                                                                                                                       
                                                                                                                                
Ms. Griffin  reported that if  federal funds received  exceed                                                                   
$2,508.2 million, the appropriation  in 3(e) would be reduced                                                                   
accordingly.                                                                                                                    
                                                                                                                                
 3(g) Corrections Hiland Mountain Correctional Center                                                                           
                                                                                                                                
     The facility's  well water system  did not meet  the EPA                                                                   
     and DEC  standards and therefore was  decommissioned and                                                                   
     demolished.    The  new  system  was  connected  to  the                                                                   
     Anchorage Water and Wastewater  Utility system.  Funding                                                                   
     is  needed for  the  increased costs  of  the new  water                                                                   
     system.                                                                                                                    
     $84.1                                                                                                                      
                                                                                                                                
Ms. Griffin observed that the  well water system did not meet                                                                   
EPA standards  and has been  hooked into the  Anchorage waste                                                                   
water utility system.                                                                                                           
                                                                                                                                
In response  to a  question by  Representative Chenault,  Ms.                                                                   
Griffin  estimated  that  the  costs would  be  greater  than                                                                   
$84,100.   Representative Chenault  questioned when  the well                                                                   
was  decommissioned.     Ms.   Griffin  could  not   respond.                                                                   
Discussion ensued as to the possible decommission date.                                                                         
                                                                                                                                
2:59:17 PM                                                                                                                    
                                                                                                                                
 3(h) Corrections Fairbanks Correctional Center                                                                                 
                                                                                                                                
     The  50%   increase  in   the  prisoner  population   in                                                                   
     Fairbanks  created the  need to  expand staffing  at the                                                                   
     facility  to   maintain  public  safety.     Funding  is                                                                   
     requested for  the 19 new permanent  full-time positions                                                                   
     that have been established in FY2007.                                                                                      
     $729.9                                                                                                                     
                                                                                                                                
Ms.  Griffin noted  that  the facility  ran  50 percent  over                                                                   
emergency capacity.  Nineteen  staff were added at the end of                                                                   
FY  06.   There have  been  major incidents,  which  threaten                                                                   
public safety.  The supplemental  is partial-year funding for                                                                   
the additional 19 positions.                                                                                                    
                                                                                                                                
3:00:46 PM                                                                                                                    
                                                                                                                                
In  response to  a question  by  Representative Stoltze,  Ms.                                                                   
Griffin noted that a large number  of the positions have been                                                                   
filled.   The facility  filled some  vacant positions  prior,                                                                   
resulting in six vacant correctional officer positions.                                                                         
                                                                                                                                
3:01:47 PM                                                                                                                    
                                                                                                                                
 3(i) Corrections Fairbanks Correctional Center                                                                                 
                                                                                                                                
      Unpaid FY2006 water and sewer bills.                                                                                      
      $18.7                                                                                                                     
                                                                                                                                
Ms. Griffin  reported that the  request would pay  an invoice                                                                   
that was lapsed.                                                                                                                
                                                                                                                                
3:02:02 PM                                                                                                                    
                                                                                                                                
 3(j)  Corrections Existing Community Residential Centers                                                                       
                                                                                                                                
     Funding  is  needed  to   pay  contractors  for  housing                                                                   
     offenders  at the Community  Residential Centers  (CRCs)                                                                   
     for  the remainder  of the fiscal  year. The  department                                                                   
     has professional  service  contracts with CRC  providers                                                                   
     to  help  meet the  security  and residential  needs  of                                                                   
     adult offenders.  Part of the  increase is based  on the                                                                   
     CPI rate for  the community in which the  CRC is located                                                                   
     and due to two re-negotiated contracts.                                                                                    
     $553.5                                                                                                                     
                                                                                                                                
Ms.  Griffin noted  the increase  would  partially cover  CPI                                                                   
increases  for contracts.   It  would assist  in recovery  of                                                                   
costs.                                                                                                                          
                                                                                                                                
3:02:41 PM                                                                                                                    
                                                                                                                                
 3(k) Corrections Statewide Probation and Parole                                                                                
                                                                                                                                
     Transfer to  Institution Director's Office  to assist in                                                                   
     meeting the  institutions' increased costs.   Funding is                                                                   
     available  due  to  lag time  in  creating  and  filling                                                                   
     probation officer positions in FY2007.                                                                                     
     $(100)                                                                                                                     
                                                                                                                                
Ms. Griffin said the request would  provide authorization for                                                                   
transfer of probation officer positions.                                                                                        
                                                                                                                                
14(c)  Ratification  Corrections                                                                                                
                                                                                                                                
     Internal department RSA from  Administration and Support                                                                   
     (AR50560-06)  to Institutional  Facilities  (AR50580-06)                                                                   
     to cover inmate costs.                                                                                                     
     $600,807.0                                                                                                                 
                                                                                                                                
Ms.  Griffin  explained  that   this  section  would  provide                                                                   
ratification  for  beds  that  were not  available  and  were                                                                   
provided in state.                                                                                                              
                                                                                                                                
3:04:36 PM                                                                                                                    
                                                                                                                                
Representative Gara asked for  a cost estimation of the time-                                                                   
sensitive and non time-sensitive items.                                                                                         
                                                                                                                                
Representative Hawker observed  that section 14(c) would be a                                                                   
zero net.  Ms. Griffin agreed.                                                                                                  
                                                                                                                                
Ms. Griffin noted  that the total amount of  the department's                                                                   
request  is  about  $13.2  million,   with  $5  million  time                                                                   
sensitive.                                                                                                                      
                                                                                                                                
Co-Chair Chenault  explained how  the fast track  items would                                                                   
be determined.                                                                                                                  
                                                                                                                                
3:06:05 PM                                                                                                                    
                                                                                                                                
DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT                                                                      
                                                                                                                                
 1(a) Commerce     ASMI                                                                                                         
                                                                                                                                
     Increase  the   Alaska  Seafood  Marketing   Institute's                                                                   
     National  Consumer Campaign  promoting Alaskan  seafood,                                                                   
     as  more than  anticipated  was received  from  industry                                                                   
     assessment.                                                                                                                
     $2,000.0                                                                                                                   
                                                                                                                                
LAURA  FLEMMING,  COMMUNICATIONS   DIRECTOR,  ALASKA  SEAFOOD                                                                   
MARKETING  INSTITUTE, DEPARTMENT  OF COMMERCE, COMMUNITY  AND                                                                   
ECONOMIC DEVELOPMENT,  spoke to section  1a.  She  noted that                                                                   
the  supplemental request  would allow  expenditure of  funds                                                                   
already  remitted.   She  explained that  of  the $2  million                                                                   
requested for  legislative authorization, $1.4  million is an                                                                   
adjustment passed through, following  a revenue audit showing                                                                   
the additional  amount owed to  ASMI.  The rest  are receipts                                                                   
from the past year.                                                                                                             
                                                                                                                                
In  response  to  a  question  by  Representative  Gara,  Ms.                                                                   
Flemming explained  that the Board  recently met  and learned                                                                   
that the  seafood industry  tax revenue  had been  available.                                                                   
The desire is to utilize the funds  for marketing in order to                                                                   
increase sales.                                                                                                                 
                                                                                                                                
3:10:50 PM                                                                                                                    
                                                                                                                                
Representative Gara  receipt reported service funds  from the                                                                   
industry, or taxes  in FY 01 was $6.9 million,  FY 02 - $5.4;                                                                   
FY 03 - $4.6;  FY 04 - $5.3; FY 05 - $4.3; FY  06 - $6.1; and                                                                   
FY   07,  without   the  supplemental,   $5.8.     With   the                                                                   
supplemental, it would  be $7.8 in FY 07.   She stressed that                                                                   
the expectation is for funding to go up.                                                                                        
                                                                                                                                
Representative  Crawford wondered  if surpluses for  products                                                                   
are currently being stockpiled.   Ms. Flemming responded that                                                                   
the market for products is very strong right now.                                                                               
                                                                                                                                
3:13:29 PM                                                                                                                    
                                                                                                                                
Representative  Kelly   explained  that  the   Community  and                                                                   
Economic  Development Subcommittee  is working  with ASMI  to                                                                   
prevent a  perception that  they should  be punished  for the                                                                   
additional  money.    He  added  that  the  additional  funds                                                                   
demonstrate  success.   He noted that  there are  discussions                                                                   
regarding impact to the FY 08  general funds contribution, so                                                                   
that the funds could be increased.                                                                                              
                                                                                                                                
3:15:09 PM                                                                                                                    
                                                                                                                                
Representative  Joule  questioned   if  domestic  markets  or                                                                   
foreign markets would be targeted  and what the results would                                                                   
be.   Ms.  Flemming  stated that  the  funds being  discussed                                                                   
would match  federal funds domestically and  internationally.                                                                   
The export  market value  of Alaska  Seafood in ASMI  program                                                                   
countries grew  to $1.73 billion  in 2005, a 44  percent rate                                                                   
of growth.   The U.S.  market value grew  42 percent  in four                                                                   
years  to  reach  $1.74  billion  in 2005.    She  felt  that                                                                   
marketing efforts were successful.                                                                                              
                                                                                                                                
3:17:11 PM                                                                                                                    
                                                                                                                                
Representative  Thomas asked  if the  market concentrates  on                                                                   
any particular product.   He also wondered if  there has been                                                                   
a change  in the  trend from  salmon, which  is owned  by the                                                                   
fisherman, to processors.   Ms. Flemming did not  see a major                                                                   
difference.   She  felt that  there was  a greater  alignment                                                                   
with the  industry than previously  seen.  Marketing  follows                                                                   
the  direction  of the  members  and currently  is  targeting                                                                   
Russian king crab.                                                                                                              
                                                                                                                                
In  response to  a  question  by Representative  Thomas,  Ms.                                                                   
Flemming  explained  that  most   marketing  is  directed  to                                                                   
"salmon", in  general, without  specific mention  of species.                                                                   
She spoke  to the Cook It  Frozen campaign, which  applies to                                                                   
all seafood, and the canned salmon promotion.                                                                                   
                                                                                                                                
Representative  Stoltze  spoke in  support  of the  marketing                                                                   
efforts of ASMI and its Board.                                                                                                  
                                                                                                                                
3:21:07 PM                                                                                                                    
                                                                                                                                
 1(b) Commerce     Regulatory Commission of Alaska                                                                              
                                                                                                                                
     Outside  council for  litigation at  the Federal  Energy                                                                   
     Regulatory    Commission   (FERC)   to    defend   RCA's                                                                   
     jurisdiction over  intrastate rates on  the Trans-Alaska                                                                   
     Pipeline (TAPS);  and for other TAPS-related  litigation                                                                   
     at the Supreme Court of Alaska involving RCA.                                                                              
     $750.0                                                                                                                     
                                                                                                                                
SAMUEL   THOMAS,   DIRECTOR,   DIVISION   OF   ADMINISTRATIVE                                                                   
SERVICES,  DEPARTMENT  OF COMMERCE,  COMMUNITY  AND  ECONOMIC                                                                   
DEVELOPMENT, noted  the $750,000  increase for RCA  to defend                                                                   
jurisdiction  over  intrastate   rates  on  the  Trans-Alaska                                                                   
Pipeline  and other  TAPS-related litigation  at the  Supreme                                                                   
Court.    He  estimated  that it  could  exceed  $1  million.                                                                   
Outside  legal counsel  is needed.    There are  insufficient                                                                   
funds to cover the costs without the supplemental.                                                                              
                                                                                                                                
3:23:30 PM                                                                                                                    
                                                                                                                                
 1(e) Environmental Conservation, Division of Water Quality                                                                     
                                                                                                                                
     The cruise  ship head tax ballot initiative  was adopted                                                                   
     by  voters  during  the August  2006  primary  election.                                                                   
     Passage of  the initiative,  however, did not  result in                                                                   
     an appropriation  for the program.  DEC  needs a current                                                                   
     year  appropriation  to   cover  costs  that  are  being                                                                   
     incurred  in  order  to  make a  good  faith  effort  to                                                                   
     implement the program within  the initiative's timeline.                                                                   
     FY2007  expenditures  are  occurring  to  establish  the                                                                   
     program.                                                                                                                   
     $811.3                                                                                                                     
                                                                                                                                
LYNN  KENT,  DIRECTOR,  DIVISION   OF  WATER,  DEPARTMENT  OF                                                                   
ENVIRONMENTAL  CONSERVATION,  noted  that the  request  would                                                                   
allow implementation of the Ocean  Ranger Program as a result                                                                   
of the  ballot initiative.   Fees  would be collected  during                                                                   
the  current fiscal  year  and  deposited into  the  existing                                                                   
commercial  passenger vessel  environmental compliance  fund.                                                                   
DEC is in the  process of developing a plan  for the upcoming                                                                   
year, with  the intent  to have some  rangers trained  and on                                                                   
board.                                                                                                                          
                                                                                                                                
3:26:08 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  questioned if  there  is  any way  to                                                                   
implement    the    initiative    without    an    additional                                                                   
appropriation.   Ms. Kent  noted that  the ballot  initiative                                                                   
was subject  to legislative appropriation,  and could  not be                                                                   
implemented without additional funding.                                                                                         
                                                                                                                                
3:27:23 PM                                                                                                                    
                                                                                                                                
Representative  Thomas  questioned  how rangers  would  board                                                                   
ships.  Ms.  Kent noted that a contractor is  addressing this                                                                   
and other  issues.  There  are a number  of issues  that were                                                                   
not  addressed  by the  ballot  initiative.    Representative                                                                   
Thomas noted  that cruise ships  could lose as much  as three                                                                   
beds per  ships and  questioned  if the state  would need  to                                                                   
reimburse companies.   Ms. Kent  summarized that  two rangers                                                                   
would be needed  and that the state would be  responsible for                                                                   
expenses.   She  noted that  staff  would be  in a  regulated                                                                   
facility on  a full-time  basis and  that conduct and  duties                                                                   
would have to be sorted out.                                                                                                    
                                                                                                                                
Representative  Stoltze  asked   if  the  architects  of  the                                                                   
initiative  have offered advice.   Ms.  Kent noted  that they                                                                   
are  discussing intent,  but  most  of the  focus  is on  the                                                                   
language in the initiative.                                                                                                     
                                                                                                                                
3:30:40 PM                                                                                                                    
                                                                                                                                
Representative Hawker  asked for an  estimate of costs  for a                                                                   
fully operational  program.  Ms. Kent observed  that for 24/7                                                                   
coverage it would  cost $5.6 million.   Representative Hawker                                                                   
argued  that the initiative  mandated  $5.6 million and  that                                                                   
there is  a reason  that legislative  appropriations  are not                                                                   
set by initiative.                                                                                                              
                                                                                                                                
3:32:20 PM                                                                                                                    
                                                                                                                                
Representative Kelly  asked what the penalty would  be if the                                                                   
appropriation  is  not  made.   Ms.  Kent  noted  that  other                                                                   
current  cruise  ship  monitoring programs  would  remain  in                                                                   
place  if the  initiative  was  not funded.    She felt  that                                                                   
current programs were affective.                                                                                                
                                                                                                                                
In response  to a  question by  Representative Chenault,  Ms.                                                                   
Kent  observed that  there  are over  a  million cruise  ship                                                                   
passengers per year.  Representative  Chenault noted that the                                                                   
initiative would cost the state  $5.6 million while only $3.6                                                                   
million would be collected by the Ocean Ranger program.                                                                         
                                                                                                                                
Representative  Gara   questioned  if  24-hour   coverage  is                                                                   
needed.  Ms. Kent replied that  the initiative does not state                                                                   
the number of hours that coverage is needed.                                                                                    
                                                                                                                                
3:35:58 PM                                                                                                                    
                                                                                                                                
Representative  Crawford  said  he does  not  understand  why                                                                   
there are Ocean  Rangers needed outside Alaskan  waters.  Ms.                                                                   
Kent said the  contractor is looking at the  costs of putting                                                                   
an Ocean Ranger on board in outside waters.                                                                                     
                                                                                                                                
Representative Joule  wondered if the state is  liable if the                                                                   
initiative is  not funded.  Ms.  Kent replied that  a citizen                                                                   
could sue  the department for  failure to perform any  act or                                                                   
duty   in    the   statute    that   is    non-discretionary.                                                                   
Representative  Joule requested a  legal response.   Ms. Kent                                                                   
agreed to obtain one.                                                                                                           
                                                                                                                                
3:37:56 PM                                                                                                                    
                                                                                                                                
Representative  Chenault asked  what  other requirements  the                                                                   
initiative contained.   Ms. Kent  replied that the initiative                                                                   
states that the Ocean Rangers  be Coast Guard licensed marine                                                                   
engineers, which requires training  at a maritime academy and                                                                   
sea time.  The training requirements  are different for Ocean                                                                   
Rangers than for  current consultants on board.   The current                                                                   
program looks at wastewater discharges  and vessel emissions.                                                                   
The Ocean  Ranger program  requires dealing  with health  and                                                                   
safety  issues  such  as  food   service  and  protection  of                                                                   
residents  in  ports.    Representative   Chenault  requested                                                                   
further information.                                                                                                            
                                                                                                                                
3:40:16 PM                                                                                                                    
                                                                                                                                
 1(f) Health & Social Services         Capital                                                                                  
                                                                                                                                
      Fairbanks Virology Laboratory Completion.                                                                                 
      Costs  have risen over what was  originally determined,                                                                   
      particularly  the costs  of steel, transportation,  and                                                                   
      petroleum  based products.  The miscellaneous  receipts                                                                   
      come  from  interest  earnings  on the  Certificate  of                                                                   
      Participation  (COP) which  is being  used to fund  the                                                                   
      majority  of the project.   The original  appropriation                                                                   
      was $24.2 million in FY06.                                                                                                
      $6,500.0                                                                                                                  
                                                                                                                                
JANET  CLARKE, ASSISTANT  COMMISSIONER,  DIVISION OF  FINANCE                                                                   
AND  MANAGEMENT SERVICES,  DEPARTMENT  OF  HEALTH AND  SOCIAL                                                                   
SERVICES,  described the  request.  In  2005 the  legislature                                                                   
passed  authorization to  build the  Fairbanks Virology  Lab.                                                                   
Since then there  has been an increase in  construction costs                                                                   
above  the projected  budget.   She  described  a variety  of                                                                   
additional costs  and the steps  taken to manage them.   This                                                                   
request is time sensitive.                                                                                                      
                                                                                                                                
3:44:55 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer asked  if the  $3 million of  other funds  is                                                                   
from interest  earnings.  Ms.  Clarke said it was.   Co-Chair                                                                   
Meyer  asked why  the project  was not  started last  summer.                                                                   
Ms.  Clarke referred  to  a feasibility  study  and the  time                                                                   
needed to work on the design.                                                                                                   
                                                                                                                                
Representative Hawker asked about  the miscellaneous receipts                                                                   
from   the   interest   earnings  on   the   Certificate   of                                                                   
Participation (COP).   Ms. Clarke said the  COP's were issued                                                                   
at a good rate.  She offered to get more information.                                                                           
                                                                                                                                
3:46:27 PM                                                                                                                    
                                                                                                                                
 1(g) Health & Social Services         Capital                                                                                  
                                                                                                                                
     Title change: "Juneau Pioneer Home Roof Replacement" to                                                                    
     "Pioneer Homes Roof Repair and Replacement".  The                                                                          
     department would like to                                                                                                   
                                                                                                                                
     Use excess funds from the original project to repair                                                                       
     Sitka Pioneer Home roof.                                                                                                   
     $0.0                                                                                                                       
                                                                                                                                
Ms.  Clarke  reported   a  language  change   to  enable  the                                                                   
appropriation  to  be  used  for  all  Pioneer  Homes.    She                                                                   
provided  pictures of  some of  the changes  needed (copy  on                                                                   
file.)   She described  the possible use  of excess  funds to                                                                   
repair the Sitka Pioneer Home roof.                                                                                             
                                                                                                                                
Co-Chair Meyer reported  that he has toured  the Pioneer Home                                                                   
in  Ketchikan which  has  a flat  roof.   He  questioned  the                                                                   
design.  Ms. Clarke said the Sitka  roof is not flat and is a                                                                   
historical building.   The Juneau Pioneer Home  roof is flat.                                                                   
Ms. Clarke  informed the committee  that new techniques  will                                                                   
ensure adequate repair to these roofs.                                                                                          
                                                                                                                                
3:49:29 PM                                                                                                                    
                                                                                                                                
 6(a) Health & Social Services         Pioneer Homes                                                                            
                                                                                                                                
      Receipt supported services authority to cover                                                                             
      1) nurses' salaries $86.9;                                                                                                
      2) funds to offset uncollectible federal revenues                                                                         
      $231.0; and                                                                                                               
      3) safety, sanitation and operating costs $482.1                                                                          
      $800.0                                                                                                                    
                                                                                                                                
Ms.  Clarke explained  the request  for  Pioneer Home  costs.                                                                   
Past  attempts to  budget for  these receipts  have not  been                                                                   
successful.                                                                                                                     
                                                                                                                                
Representative Hawker  summarized that items 1, 2,  and 3 are                                                                   
non-discretionary  and  items  3  and  4  are  discretionary.                                                                   
Money could be used to offset  existing expenses.  Ms. Clarke                                                                   
agreed.                                                                                                                         
                                                                                                                                
3:52:54 PM                                                                                                                    
                                                                                                                                
 6(b) Health & Social Services  Behavior Health Medicaid                                                                        
 Services                                                                                                                       
                                                                                                                                
     Cost recovery of overpayments to comply with provisions                                                                    
     of SB 41 (CH 66, SLA 03) related to audits.                                                                                
     $600.0                                                                                                                     
                                                                                                                                
Ms. Clarke  noted  that this is  the first  of four  requests                                                                   
related to annual audits.                                                                                                       
                                                                                                                                
Representative  Chenault asked  why  authorization is  needed                                                                   
for  further  expenditure.   Ms.  Clarke  reported  that  the                                                                   
federal government  expects to receive a share.   Some of the                                                                   
money will go to offset this expense.                                                                                           
                                                                                                                                
Representative  Hawker explained  that in  SB 41  there is  a                                                                   
provision  which   mandates  an  accounting   procedure  that                                                                   
results in  authorizing these funds  the first time,  to make                                                                   
payments, and to appropriate the money a second time.                                                                           
                                                                                                                                
3:55:29 PM                                                                                                                    
                                                                                                                                
 6(c)  Health & Social Services  Children's Medicaid                                                                            
 Services                                                                                                                       
                                                                                                                                
     Cost recovery of overpayments to comply with provisions                                                                    
     of SB 41 (CH 66, SLA 03) related to audits.                                                                                
     $100.0                                                                                                                     
                                                                                                                                
Ms.  Clarke reported  that 6(c)  is  for children's  Medicaid                                                                   
Services and has the same purpose as 6(b).                                                                                      
                                                                                                                                
 6(d) Health & Social Services      Medicaid Services                                                                           
                                                                                                                                
      Alaska Regional Hospital Medicaid Rate Settlement for                                                                     
      1991 through 2000.  Settlement agreement has been                                                                         
      signed.                                                                                                                   
      $8,000.0                                                                                                                  
                                                                                                                                
Ms.  Clarke explained  the request  for  the Alaska  Regional                                                                   
Hospital  Medicaid Rate  Settlement issues  for 1991  through                                                                   
2000.   Representative Chenault asked  if there will  be more                                                                   
cases.  Ms. Clarke thought there should not be any more.                                                                        
                                                                                                                                
3:57:38 PM                                                                                                                    
                                                                                                                                
 6(e) Health & Social Services         Medicaid Services                                                                        
                                                                                                                                
      Cost recovery of overpayments to comply with                                                                              
      provisions of SB 41 (CH 66, SLA 03) related to                                                                            
      audits.                                                                                                                   
      $1,000.0                                                                                                                  
                                                                                                                                
Ms. Clarke pointed to the relationship to 6 (b).                                                                                
                                                                                                                                
 6(f) Health & Social Services   Probation Services                                                                             
                                                                                                                                
     Court ordered costs.  The legislature has directed the                                                                     
     department to bring the costs forward in a supplemental                                                                    
     each year.                                                                                                                 
     $206.5                                                                                                                     
                                                                                                                                
Ms.  Clarke  explained  the  court   ordered  costs  for  the                                                                   
juvenile justice program.                                                                                                       
                                                                                                                                
Representative Hawker  pointed out that the  House has sought                                                                   
truth  in  budgeting  and  the  change  was  a  result  of  a                                                                   
Conference Committee.                                                                                                           
                                                                                                                                
3:59:14 PM                                                                                                                    
                                                                                                                                
 6(g)  Health & Social Services    Adult Public Assistance                                                                      
                                                                                                                                
     Formula   program   reduction.   Savings  are   from   a                                                                   
     combination of  continued savings in  Interim Assistance                                                                   
     from  nurse   reviews  and   payment  size   per  client                                                                   
     decreases as clients have more pension income.                                                                             
      $(750.0)                                                                                                                  
                                                                                                                                
                                                                                                                                
Ms.  Clarke  shared that  the  savings  are from  the  public                                                                   
assistance program.                                                                                                             
                                                                                                                                
 6(h) Health & Social Services         Senior Care                                                                              
                                                                                                                                
      Caseload reduction; people are not applying for the                                                                       
      pharmacy benefit as much as anticipated.                                                                                  
      $(1,500.0)                                                                                                                
                                                                                                                                
Ms. Clarke reported  a reduction in the Senior  Care program,                                                                   
especially the prescription drug portion.                                                                                       
                                                                                                                                
Representative  Gara asked what  percent of the  poverty line                                                                   
qualifies for Senior Care.  Ms.  Clarke said the cash benefit                                                                   
is at  135 percent; the prescription  drug benefit is  at 175                                                                   
percent.                                                                                                                        
                                                                                                                                
4:01:02 PM                                                                                                                    
                                                                                                                                
Representative  Thomas wondered  how  expensive the  pharmacy                                                                   
benefit was to  the state.  Ms. Clarke reported  that seniors                                                                   
were not interested in the program.                                                                                             
                                                                                                                                
Representative Gara wondered what  would happen if the Senior                                                                   
Care program  qualification was  increased to 175  percent of                                                                   
the poverty  level.  He  asked if it  would come out  even to                                                                   
transfer  the  $1.5 million  savings  to  the program.    Ms.                                                                   
Clarke said the Senior Care program  requires reauthorization                                                                   
by  the legislature  this  year and  that  question could  be                                                                   
pursued.  Representative Gara requested more information.                                                                       
                                                                                                                                
4:03:04 PM                                                                                                                    
                                                                                                                                
 6(i) Health & Social Services Senior and Disabilities                                                                          
 Services Appropriation                                                                                                         
                                                                                                                                
     The Senior and Disabilities Services appropriation                                                                         
     decreases by $5,000.0 from $334,174.2 to $329,174.2                                                                        
     because of the allocation change below:                                                                                    
     $0.0                                                                                                                       
                                                                                                                                
Ms. Clarke  reported less spending  than budgeted for  on the                                                                   
Senior and Disabilities Services Appropriation.                                                                                 
                                                                                                                                
 6(j) Health & Social Services Senior and Disabilities                                                                          
 Medicaid Services Allocation                                                                                                   
                                                                                                                                
      Savings  in the personal care attendant  program due to                                                                   
      implementation  of  regulations which  did such  things                                                                   
      as  requiring  medical   determinations  by  department                                                                   
      staff  or designee  (had  been done  by the  provider),                                                                   
      limiting  hours of service,  limiting to  one attendant                                                                   
      a  household with more  than one person  qualifying for                                                                   
      PCA, and other cost savings.                                                                                              
      $(5,000.0)                                                                                                                
                                                                                                                                
 6(k) Health & Social Services Senior and Disabilities                                                                          
 Medicaid Services                                                                                                              
                                                                                                                                
      Cost   recovery   of   overpayments  to   comply   with                                                                   
      provisions  of  SB  41  (CH  66,  SLA  03)  related  to                                                                   
      audits.                                                                                                                   
      $800.0                                                                                                                    
                                                                                                                                
Ms. Clarke related the savings from this program.                                                                               
                                                                                                                                
4:04:24 PM                                                                                                                    
                                                                                                                                
14(b)(3)  Ratification   Health and Social Services                                                                             
                                                                                                                                
     AR23020-05 Behavioral Health Medicaid                                                                                      
     $3,051,744.30                                                                                                              
                                                                                                                                
14(b)(4) Ratification   Health and Social Services                                                                              
                                                                                                                                
     AR23301-05 Medicaid Services                                                                                               
     $2,606,666.14                                                                                                              
                                                                                                                                
14(b)(5)  Ratification    Health and Social Services                                                                            
                                                                                                                                
     AR23551-05 Senior and Disabilities Medicaid                                                                                
     $349,170.66                                                                                                                
                                                                                                                                
Ms. Clarke explained that the ratifications resulted from                                                                       
under collection of federal revenue.                                                                                            
                                                                                                                                
HB 139 was heard and HELD in Committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 4:05 PM.                                                                                           
                                                                                                                                

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