Legislature(2007 - 2008)HOUSE FINANCE 519

04/13/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 133 ELECTRONIC MONITORING OF GANG PROBATIONER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 28 POWER SOURCE DISCLOSURE TELECONFERENCED
Moved CSHB 28(FIN) Out of Committee
+= HB 229 KENAI GASIFICATION PROJECT; RAILROAD BOND TELECONFERENCED
Moved Out of Committee
+= HB 152 ESTABLISHING A RENEWABLE ENERGY FUND TELECONFERENCED
Moved CSHB 152(FIN) Out of Committee
HOUSE BILL NO. 229                                                                                                            
                                                                                                                                
     "An Act  authorizing the Alaska Railroad  Corporation to                                                                   
     participate in a project  consisting of the acquisition,                                                                   
     construction,  improvement,  maintenance, equipping,  or                                                                   
     operation  of  real  and  personal  property,  including                                                                   
     facilities  and equipment,  for  the Kenai  gasification                                                                   
     project, authorizing  the corporation to issue  bonds to                                                                   
     finance   all  or   a  portion   of  the  project,   and                                                                   
     identifying these  as bonds for an essential  public and                                                                   
     governmental  purpose; and  providing  for an  effective                                                                   
     date."                                                                                                                     
                                                                                                                                
DEVEN  MITCHELL, EXECUTIVE  DIRECTOR,  ALASKA MUNICIPAL  BOND                                                                   
BANK  AUTHORITY, DEPARTMENT  OF  REVENUE,  offered to  answer                                                                   
questions.                                                                                                                      
                                                                                                                                
Representative Hawker  asked Mr. Mitchell if  the legislation                                                                   
causes any problems for the state.                                                                                              
                                                                                                                                
Mr. Mitchell explained that it  appears that a double benefit                                                                   
will be gained  by this legislation: developing use  of a raw                                                                   
resource  with the  coal and  anchoring Agrium  in the  Kenai                                                                   
Peninsula where it has a huge  economic impact.  He addressed                                                                   
non-recourse revenue  bonds where  the railroad has  a unique                                                                   
ability to  contemplate issuing industrial  development bonds                                                                   
that are  now precluded by  the Tax Reform  Act of 1986.   He                                                                   
suggested that the project, as proposed, makes sense.                                                                           
                                                                                                                                
Representative Hawker spoke of  a concern over the industrial                                                                   
development bonds and the effect  on the state's rating.  Mr.                                                                   
Mitchell replied  that it  should have  not impact  and there                                                                   
has never been  an issue in that regard.  He  gave an example                                                                   
of development bonds from the City of Valdez.                                                                                   
                                                                                                                                
2:02:12 PM                                                                                                                    
                                                                                                                                
Representative Gara asked how  a railroad that generated such                                                                   
large  profits last  year  can issue  $2.6  billion worth  of                                                                   
bonds.  Mr. Mitchell responded  that the market would have to                                                                   
validate a high probability of success.                                                                                         
                                                                                                                                
Representative  Gara asked about  a state-owned  gas pipeline                                                                   
and its effect on the bonding.   Mr. Mitchell replied that it                                                                   
would have no impact on this bonding proposal.                                                                                  
                                                                                                                                
Representative    Kelly    wondered   about    pulling    the                                                                   
authorization  some time  in  the future  if  it doesn't  get                                                                   
used.   Mr. Mitchell  reported that once  the bond  is issued                                                                   
there are contractual issues.   Representative Kelly restated                                                                   
the question.   Mr. Mitchell explained that if  the bonds are                                                                   
not issued, statute can be changed.                                                                                             
                                                                                                                                
2:05:25 PM                                                                                                                    
                                                                                                                                
Representative Gara MOVED to ADOPT Amendment #1:                                                                                
                                                                                                                                
     Page 4, line 4, following "this Act,":                                                                                     
     Insert "and  compliance with  the requirement of  (b) of                                                                   
     this section,"                                                                                                             
                                                                                                                                
     Page 4, following line 23:                                                                                                 
     Insert a new subsection to read:                                                                                           
     "(b)   The  Alaska Railroad  Corporation  may not  issue                                                                   
     bonds under  the authorization  and approval set  out in                                                                   
     this  section  unless the  Department  of  Environmental                                                                   
     Conservation  certifies that  the coal gasification  and                                                                   
     electrical  power generation  facility will be  designed                                                                   
     and  operated in  a manner  that does  not release  more                                                                   
     carbon  dioxide  into the  atmosphere,  per megawatt  of                                                                   
     power   produced,  than   the  average  carbon   dioxide                                                                   
     released per megawatt during calendar year 2006 by the                                                                     
     Beluga natural gas power plant, located on the western                                                                     
     coast of Cook Inlet."                                                                                                      
                                                                                                                                
     Re-letter the following subsections accordingly.                                                                           
                                                                                                                                
Co-Chair Meyer OBJECTED.                                                                                                        
                                                                                                                                
Representative Gara  explained that the amendment  deals with                                                                   
carbon emissions from the coal  plant.  He wanted to regulate                                                                   
carbon emissions in exchange for the bonding request.                                                                           
                                                                                                                                
Co-Chair  Meyer  noted  that Co-Chair  Chenault  was  not  in                                                                   
support of  the amendment.   He  said he sees  the bill  as a                                                                   
financial tool.                                                                                                                 
                                                                                                                                
2:08:26 PM                                                                                                                    
                                                                                                                                
Representative Kelly spoke strongly against Amendment #1.                                                                       
                                                                                                                                
LISA PARKER, CORPORATE AFFAIRS,  Agrium, testified that there                                                                   
are regulations already in place regarding this issue.                                                                          
                                                                                                                                
Representative  Gara emphasized  the  importance of  limiting                                                                   
carbon emissions  and the problem  of the greenhouse  effect.                                                                   
He requested pro-active steps to reduce carbon emissions.                                                                       
                                                                                                                                
Co-Chair Meyer spoke against Amendment #1.                                                                                      
                                                                                                                                
Representative Kelly  explained his beliefs  regarding global                                                                   
warming.  He  termed the amendment irresponsible  relative to                                                                   
global warming.                                                                                                                 
                                                                                                                                
2:13:39 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer MAINTAINED his objection.                                                                                        
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Gara, Nelson                                                                                                          
OPPOSED: Thomas, Hawker, Kelly, Stoltze, Meyer                                                                                  
                                                                                                                                
Representatives  Crawford, Foster,  Joule, and Chenault  were                                                                   
absent for the vote.                                                                                                            
                                                                                                                                
The MOTION FAILED (2-5).                                                                                                        
                                                                                                                                
2:15:13 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  acknowledged   a  concern  about  the                                                                   
impact of the  bill on the state; however,  he stated support                                                                   
for the bill in its present form.                                                                                               
                                                                                                                                
Vice  Chair Stoltze  stated concerns  by the  Mat-Su about  a                                                                   
rail extension  to Port McKenzie  being shut out due  to this                                                                   
bill.  He referred to a letter  from the Mat-Su Borough (copy                                                                   
on file.)  He spoke in support  of the Agrium project but not                                                                   
at the  expense of the Port  McKenzie project.   He mentioned                                                                   
that the Mayor of Wasilla has  had no contact with the Alaska                                                                   
Railroad Corporation  (ARRC).  He brought out  concerns about                                                                   
the  Port  of  Anchorage  route.   He  concluded  by  stating                                                                   
support for the bill.                                                                                                           
                                                                                                                                
2:22:28 PM                                                                                                                    
                                                                                                                                
PAT GAMBLE,  PRESIDENT AND CEO, ALASKA  RAILROAD CORPORATION,                                                                   
thought  that  Vice  Chair  Stoltze  was  correct  about  the                                                                   
Wasilla-to-Anchorage  corridor problems.   He spoke  in favor                                                                   
of the  extension to Port  McKenzie, but thought  the project                                                                   
decision was up to Agrium.  It  is not a preference issue for                                                                   
the railroad;  at issue  is the  urgency and  need to  meet a                                                                   
timeline.  The  railroad is the easiest component,  but works                                                                   
in response to Agrium's direction.                                                                                              
                                                                                                                                
Vice  Chair  Stoltze  apologized  for  the use  of  the  word                                                                   
"cavalier" in reference to ARRC.                                                                                                
                                                                                                                                
Representative Thomas asked about  the Beluga Coal Mine route                                                                   
and the  possibility of saving  money.  Ms. Parker  said that                                                                   
had been looked into and both options are being considered.                                                                     
                                                                                                                                
2:29:30 PM                                                                                                                    
                                                                                                                                
Vice Chair  Stoltze MOVED to REPORT  HB 229 out  of Committee                                                                   
with  individual  recommendations   the  accompanying  fiscal                                                                   
note.  There being NO OBJECTION, it was so ordered.                                                                             
                                                                                                                                
CSHB  229 (FIN)  was REPORTED  out  of Committee  with a  "no                                                                   
recommendation" and with a new  fiscal note by the Department                                                                   
of Commerce, Community and Economic Development.                                                                                
                                                                                                                                
2:30:47 PM                                                                                                                    
                                                                                                                                

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