Legislature(2011 - 2012)HOUSE FINANCE 519

02/22/2011 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 3 REQUIREMENTS FOR DRIVER'S LICENSE TELECONFERENCED
Moved CSHB 3(STA) Out of Committee
+ HB 7 SYNTHETIC CANNABINOIDS AS SCHEDULE IIA TELECONFERENCED
Heard & Held
+ HB 19 SPECIAL REQUEST LICENSE PLATES TELECONFERENCED
<Bill Held Over to 2/24/11>
+ HB 119 AIDEA: PROCUREMENT; PROJECTS TELECONFERENCED
Moved CSHB 119(EDT) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 119                                                                                                            
                                                                                                                                
     "An  Act  relating  to  the  procurement  of  supplies,                                                                    
     services, professional  services, and  construction for                                                                    
     the   Alaska   Industrial    Development   and   Export                                                                    
     Authority; relating to the definition  of 'own' for the                                                                    
     economic   development   account;   relating   to   the                                                                    
     definitions   of    'development   project',   'plant',                                                                    
     'facility',  and 'project'  for  the Alaska  Industrial                                                                    
     Development and Export Authority;  and providing for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
3:11:54 PM                                                                                                                    
                                                                                                                                
MARK DAVIS, ECONOMIC  DEVELOPMENT OFFICER, ALASKA INDUSTRIAL                                                                    
DEVELOPMENT  AND EXPORT  AUTHORITY,  discussed  that HB  119                                                                    
worked to  modernize the  Alaska Industrial  Development and                                                                    
Export  Authority (AIDEA).  The bill  allowed the  agency to                                                                    
have  the  same  procurement   provisions  as  other  public                                                                    
corporations  in the  state,  including  the Alaska  Housing                                                                    
Finance Corporation.  The agency would also  be permitted to                                                                    
own  a percentage  of  a project  it  developed through  the                                                                    
means  of  a  corporation  or a  limited  liability  company                                                                    
(LLC). The  previous year the legislature  had allowed AIDEA                                                                    
to own  a percentage of  a project; however,  DOL determined                                                                    
that the percentage did not  clearly provide the agency with                                                                    
the power to be a member of an LLC.                                                                                             
                                                                                                                                
Mr. Davis  discussed that the  agency also sought  to expand                                                                    
the types  of projects  it could undertake.  Currently AIDEA                                                                    
could do natural  resources, energy, tourism infrastructure,                                                                    
and   industrial  development   projects.  The   agency  was                                                                    
provided  the  opportunity  to   invest  in  a  health  care                                                                    
facility  that would  be leased  to the  federal government;                                                                    
however,  DOL determined  that AIDEA  was not  authorized to                                                                    
invest in a health clinic.  Additionally, AIDEA was asked to                                                                    
construct a  facility that it  would build and lease  to the                                                                    
Coast  Guard, but  it  was  denied the  ability  to build  a                                                                    
federal facility.  Other expansions  would be  for community                                                                    
public  purpose,  transportation, and  prototype  commercial                                                                    
applications.  The agency  had conducted  a survey  of other                                                                    
economic  development authorities  throughout  the U.S.  and                                                                    
had discovered that most of  the agencies had the ability to                                                                    
support new technologies  or new prototypes as a  way to use                                                                    
state development capital to  promote the diversification of                                                                    
the state economy. The  legislation added clarification that                                                                    
AIDEA  could build  roads. The  current statute  allowed the                                                                    
agency to  build a road  to a natural  resource development,                                                                    
such as  the DeLong  Mountain Transportation System  for the                                                                    
Red Dog  Mine; however,  it was not  clear whether  it could                                                                    
build a road that was not  directly lined up with a project.                                                                    
He explained that if the  agency could get revenues from the                                                                    
road it would  do so. The caveat was that  anything built on                                                                    
the transportation  of roads would  need to pay  for itself,                                                                    
be  a project  that was  bondable,  and would  have to  meet                                                                    
economic development  goals; therefore it could  not be used                                                                    
for general transportation.                                                                                                     
                                                                                                                                
3:15:24 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough moved CSHB 119 (EDT) 27-GH1745\M.                                                                         
                                                                                                                                
Representative  Gara  asked  whether the  legislation  would                                                                    
allow AIDEA to  underwrite and fund something  like the Knik                                                                    
Arm crossing. Mr.  Davis did not believe that  it would. The                                                                    
agency's   current   reserves   limited  bonding   for   any                                                                    
particular  project   to  between  $250  million   and  $300                                                                    
million.  He believed  that the  bridge would  be much  more                                                                    
expensive.  The  agency's  intent   was  to  build  economic                                                                    
development projects;  therefore, the transportation  of the                                                                    
roads it would  build would lead to  an economic development                                                                    
project that  would be  tied to one  of the  agency's stated                                                                    
purposes.                                                                                                                       
                                                                                                                                
Representative Gara  referred to  the "omnibus  energy" bill                                                                    
passed  in the  previous  session that  created a  revolving                                                                    
loan fund  to help  private businesses upgrade  their energy                                                                    
efficiencies.  He believed  that  the fund  had been  placed                                                                    
under AIDEA but not under  the Alaska Energy Authority (AEA)                                                                    
that  governed   energy  efficiency  matters.   He  wondered                                                                    
whether  AIDEA  would  have  any  objection  to  moving  the                                                                    
revolving loan fund over to  AEA. Mr. Davis replied that the                                                                    
fund belonged  under AEA  and that  AIDEA was  not concerned                                                                    
with the energy conservation  efforts that were conducted by                                                                    
its sister agency.                                                                                                              
                                                                                                                                
Representative  Gara wondered  why  AIDEA  should be  exempt                                                                    
from the state procurement code.  Mr. Davis replied that the                                                                    
agency  was not  looking for  a total  exemption. The  board                                                                    
could adopt  regulations through  a public process  when the                                                                    
agency worked  on a development project  with another entity                                                                    
like the  Alaska Housing Finance  Corporation. A  person who                                                                    
had a  disagreement with the  procurement would  be required                                                                    
to file a  protest with the board of AIDEA  and not with the                                                                    
Departments  of  Transportation  and  Public  Facilities  or                                                                    
Administration. The  process would be faster  given that the                                                                    
board  would  have  the  expertise  on  what  it  wished  to                                                                    
purchase.  He  believed  that  the  streamlined  system  was                                                                    
better for the agency and for protestors.                                                                                       
                                                                                                                                
MR.  TED  LEONARD,  EXECUTIVE  DIRECTOR,  ALASKA  INDUSTRIAL                                                                    
DEVELOPMENT  AND  EXPORT   AUTHORITY  (via  teleconference),                                                                    
discussed that  the bill worked  to provide AIDEA  with more                                                                    
tools that would  help it to be effective when  it worked on                                                                    
development projects with the private sector.                                                                                   
                                                                                                                                
Representative  Neuman liked  the  type  of legislation.  He                                                                    
referenced  the  Alaska  Administrative  Procedure  Act  and                                                                    
procurement codes. He wondered  about the "basic sideboards"                                                                    
of  the  maximum  funding  that  was  available.  Mr.  Davis                                                                    
responded that  AS 36.30.170(b) referenced  on Page  2, Line                                                                    
11,  would require  a  bidder to  have  business license  as                                                                    
proof that  they conducted business  in the state.  The bill                                                                    
dealt with procurement for  development finance and required                                                                    
an  agency to  request  bids when  they  wanted to  purchase                                                                    
items  such as  computers or  desks. He  relayed that  there                                                                    
would not be changes to the prevailing wage requirements.                                                                       
                                                                                                                                
Representative  Neuman asked  whether  there  was a  maximum                                                                    
amount  of  money  that  AIDEA  could  spend  to  develop  a                                                                    
corporation. Mr.  Davis replied  that the limits  were based                                                                    
on  the amount  of available  cash for  a project  and could                                                                    
vary  depending   upon  the  amount  of   reserve  cash.  He                                                                    
discussed that there  was an open process and  the board was                                                                    
required to  approve spending. The current  buying authority                                                                    
was  approximately $250  million.  Additionally, the  agency                                                                    
was required to seek legislative  approval for any bond over                                                                    
$10  million and  approval from  local  communities for  any                                                                    
bond over $6 million. There  was a $400 million annual limit                                                                    
on the number of bonds AIDEA could issue.                                                                                       
                                                                                                                                
Representative Neuman  was glad to  hear AIDEA had  at least                                                                    
$150  million. He  asked  whether  manufacturing would  fall                                                                    
under the "project"  definition on Page 3,  Section 6, which                                                                    
read  "a plant  or  facility  used or  intended  for use  in                                                                    
connection with making,  processing, preparing, transporting                                                                    
or  producing…"  He  wondered whether  manufacturing  was  a                                                                    
factor  when AIDEA  looked at  different development  plants                                                                    
and  the  development  of   Alaska's  resources.  Mr.  Davis                                                                    
responded   that  AIDEA   was   formed   as  an   industrial                                                                    
development  authority and  had always  been focused  on job                                                                    
development   under   AS   44.88.010.  He   expressed   that                                                                    
manufacturing  was one  of the  agency's goals  when it  was                                                                    
available.                                                                                                                      
                                                                                                                                
3:24:31 PM                                                                                                                    
                                                                                                                                
Representative  Doogan asked  about  the cash  limit of  the                                                                    
agency. Mr. Davis  replied that there were two  ways to look                                                                    
at the  cash limit. First, under  AIDEA's Loan Participation                                                                    
Program, loans were  capped at a maximum of  $20 million per                                                                    
loan. The  amount the  agency could  invest in  a particular                                                                    
project was based  on its cash reserves and  it was required                                                                    
to seek legislative approval for  any bond over $10 million.                                                                    
Additionally,  the  agency  was  required  to  obtain  board                                                                    
approval, hold  a public hearing,  file a finance  plan, and                                                                    
to obtain  the approval  of local  communities for  any bond                                                                    
exceeding $6 million.                                                                                                           
                                                                                                                                
Representative  Doogan  understood  that  there  were  legal                                                                    
definitions about how the LLCs  would work. He was concerned                                                                    
about the state's  legal and factual liability  in the event                                                                    
that a project under one of AIDEA's LLCs went "belly-up."                                                                       
                                                                                                                                
Mr. Davis replied that AIDEA's  bonds for a project were not                                                                    
moral obligations of  the state by statute.  Any recourse on                                                                    
a bond  would go  to AIDEA  or to the  project itself  if it                                                                    
were  a revenue  bond. The  use of  an LLC  to effectuate  a                                                                    
development project would mean  that anyone seeking recourse                                                                    
would go against the assets of  the LLC first and would have                                                                    
to show there was an ability  to go beyond that by "piercing                                                                    
the corporate veil."  Usually when an LLC  went bankrupt the                                                                    
assets  were those  of the  LLC. The  agency was  seeking to                                                                    
coordinate with  other investors  to leverage its  funds and                                                                    
as they looked  at determining what percentage  of a project                                                                    
they  would undertake,  the developers  notified AIDEA  that                                                                    
they  would  need a  legal  structure  in order  to  conduct                                                                    
business with the  agency. The LLC would be the  same as any                                                                    
other LLC on the market and  the intention of the agency was                                                                    
to  work  with other  investors.  He  elaborated that  there                                                                    
would also  be insurance on  an LLC, therefore,  there would                                                                    
be various pots of money available to potential creditors.                                                                      
                                                                                                                                
Representative Doogan  remarked that there was  a fish plant                                                                    
in  his district  that had  been  substantially financed  by                                                                    
state  funds  and  had essentially  gone  through  the  same                                                                    
process. He wasn't  certain what the project  cost the State                                                                    
of Alaska. Mr. Davis responded  that the fish plant cost the                                                                    
state  approximately  $50  million and  was  liquidated.  He                                                                    
explained  that the  occurrence was  exactly the  reason for                                                                    
the  legislation.  The  purpose  of private  partners  in  a                                                                    
development project  was to  determine whether  other people                                                                    
in  the  industry were  interested  in  investing their  own                                                                    
capital in a project because  they believed there would be a                                                                    
financial gain. The  agency was required by  statute to make                                                                    
a return on the invested  capital and an LLC structure would                                                                    
ensure that AIDEA  would be working with  other partners. He                                                                    
opined that  one of the  reasons the seafood plant  had been                                                                    
unsuccessful was due to the absence of sufficient partners.                                                                     
                                                                                                                                
Representative  Doogan wondered  whether it  would still  be                                                                    
possible for AIDEA to venture  into operations like the fish                                                                    
plant  or   whether  the   legislation  would   require  the                                                                    
participation  by  private  individuals under  an  LLC.  Mr.                                                                    
Davis  answered  that  under  the  legislation  AIDEA  would                                                                    
retain the  ability to  build a  development project  on its                                                                    
own. The agency's strategic plan  also called for it to work                                                                    
with private  capital. The legislation would  allow AIDEA to                                                                    
create  an LLC  in order  for it  to own  a percentage  of a                                                                    
project with other  private capital. The goal  of the agency                                                                    
was to leverage  its funds to do the most  that it could. He                                                                    
believed  the  ability  for  AIDEA   to  work  with  private                                                                    
partners moved  in the direction that  Representative Doogan                                                                    
wanted.                                                                                                                         
                                                                                                                                
Representative Doogan was trying  to ensure that there would                                                                    
not be an eventuality in  which the same mistake or enhanced                                                                    
mistakes were  made by the  introduction of  other financial                                                                    
structures. He  did not  believe that  was being  offered in                                                                    
the legislation.  He believed that AIDEA  had specified that                                                                    
although  it had  the ability  to work  alone that  it would                                                                    
prefer to work with other partners.                                                                                             
                                                                                                                                
Mr.  Davis responded  that  it was  necessary  to look  each                                                                    
particular  financial  situation.  For  example,  the  board                                                                    
could discern  that it was good  for the economy and  that a                                                                    
partnership was  not necessary for  it to invest in  a small                                                                    
and   inexpensive   development   project   that   had   new                                                                    
technology.  As the  risk  level  and cost  went  up it  was                                                                    
prudent to use  another legal vehicle such  as a corporation                                                                    
or an  LLC and to have  other partners as well.  He believed                                                                    
the safety  valve was  in the  seven-member board.  The tool                                                                    
would help to mitigate  risk, increase leverage, and achieve                                                                    
results.                                                                                                                        
                                                                                                                                
3:31:48 PM                                                                                                                    
                                                                                                                                
Representative Edgmon  asked whether  the AIDEA  board would                                                                    
always  be   the  board  of   directors  in   a  partnership                                                                    
situation.  Mr.  Davis  replied that  members  could  be  in                                                                    
control of  the LLC or  they could elect a  managing partner                                                                    
that would make  them more passive investors.  In most cases                                                                    
the  agency would  take on  a  more passive  roll and  would                                                                    
elect a  managing member  from the  private sector  that had                                                                    
expertise  in  the  specific   type  of  project.  Corporate                                                                    
governance would allow members  to place managing restraints                                                                    
on the managing member related  to spending caps, what could                                                                    
be done on  the project, and any major  structural change to                                                                    
the project.                                                                                                                    
                                                                                                                                
Representative  Joule   discussed  that  Alaska  was   in  a                                                                    
relatively good  financial position compared to  the rest of                                                                    
the  U.S.  He  referenced  potential  military  and  coastal                                                                    
infrastructure  that   may  need   to  happen   through  the                                                                    
Department  of Defense  or other.  He  wondered whether  the                                                                    
state's  strong financial  position  encouraged the  federal                                                                    
government and other businesses to  look to Alaska as a good                                                                    
business  opportunity.   Mr.  Davis  responded   that  AIDEA                                                                    
floated some bonds  in December 2010 for $60  million and he                                                                    
had received calls from several  interested brokers in other                                                                    
states. He  explained that  AIDEA's bonds  had a  AA rating,                                                                    
which  was  currently  rare. Secondly,  AIDEA  had  been  in                                                                    
contact with  a bank  in New  York the  prior week  that was                                                                    
potentially interested  in doing  business with  the agency.                                                                    
He believed  that the interest demonstrated  that Alaska was                                                                    
a  good  place   to  do  business  based   on  the  national                                                                    
landscape.                                                                                                                      
                                                                                                                                
Co-Chair Thomas  provided a hypothetical  example of  a mine                                                                    
that  was  unable to  afford  an  access road.  He  wondered                                                                    
whether financing through  an AIDEA LLC would  entitle it to                                                                    
partial  ownership of  the mine.  Mr.  Davis responded  that                                                                    
AIDEA  would   need  to   determine  what   the  appropriate                                                                    
structure would be  for the project. The  bill would provide                                                                    
more  options, however,  the  project  could potentially  be                                                                    
structured  like  the public  Red  Dog  Mine road  that  was                                                                    
controlled and  owned by the  agency. In other cases  it may                                                                    
have been prudent  to share the risk of  the entire project.                                                                    
The bill  provided the agency  with the flexibility  to make                                                                    
the  appropriate decision  for public  policy and  financial                                                                    
reasons.                                                                                                                        
                                                                                                                                
Co-Chair  Thomas noted  that  there  were always  "political                                                                    
monsters in  the closet" that had  undisclosed interests. He                                                                    
opined that  under the  guise of good  public policy  a road                                                                    
could be built  that just happened to go directly  by a mine                                                                    
that was unable  to afford to build its own  road. Mr. Davis                                                                    
replied that AIDEA's goal was  to look for financial return,                                                                    
therefore,  when it  built a  road  that was  used by  other                                                                    
people  it  was  important  to   determine  how  they  would                                                                    
contribute to  the cost  in a way  that was  consistent with                                                                    
what the agency helped them with.                                                                                               
                                                                                                                                
Co-Chair Thomas hoped  that people would be  honest with the                                                                    
agency.  He saw  the potential  for  there to  be the  state                                                                    
funded development of  roads that led to  resources that may                                                                    
provide no benefit  to the state. He opined  that there were                                                                    
legislators  that thought  mineral  royalties  were low  and                                                                    
that the state should build  "road favors." He was concerned                                                                    
about the potential for a similar scenario to occur.                                                                            
                                                                                                                                
Mr.  Davis discussed  that AIDEA  would have  to be  certain                                                                    
that a road could pay the  bonds or they would not build the                                                                    
road.                                                                                                                           
                                                                                                                                
Co-Chair Thomas appreciated the  upfront detail. He referred                                                                    
to  a Department  of Transportation  (DOT) road  development                                                                    
that had  a "golden goose" in  the form of a  mine along the                                                                    
road.                                                                                                                           
                                                                                                                                
3:38:26 PM                                                                                                                    
                                                                                                                                
Representative Guttenberg could see  the benefits that could                                                                    
come as a result of  the legislation. He asked whether there                                                                    
was  potential  for  conflict to  occur  with  the  existing                                                                    
planning  processes of  DOT, STIP  [Statewide Transportation                                                                    
Improvement  Program], or  a  local  community. He  wondered                                                                    
whether the bill required AIDEA  to ensure that it would not                                                                    
interfere or be in  conflict with another statewide planning                                                                    
process for an energy project, road, or other.                                                                                  
                                                                                                                                
Mr.  Davis  responded  that there  were  three  constraints.                                                                    
First, statute required the agency  to obtain the consent of                                                                    
a local community. Secondly, the  board of AIDEA had to meet                                                                    
and agree  on a project  in a public process.  Thirdly, bond                                                                    
investors wanted to make certain  that a project had support                                                                    
and that  it was not in  conflict with any other  plans that                                                                    
would cause the bond market to react negatively.                                                                                
                                                                                                                                
Representative  Doogan   referred  to  an   earlier  comment                                                                    
related to  financing roads. He  wondered what was  meant by                                                                    
"a road  that might not  line up." Mr. Davis  explained that                                                                    
the  DeLong  Mountain   Transportation  System  supported  a                                                                    
specific  development   project  because  it   was  directly                                                                    
connected to  the Red Dog  Mine. Without the  legislation it                                                                    
was unclear whether  AIDEA would be allowed to  build a road                                                                    
that supported  an oil  drilling area  that did  not connect                                                                    
directly with each rig.                                                                                                         
                                                                                                                                
Vice-Chair Fairclough MOVED to report  CSHB 119 (EDT) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSHB  119 (EDT)  was REPORTED  out of  committee with  a "do                                                                    
pass"  recommendation  and  with previously  published  zero                                                                    
impact note: FN 1 (DCCED).                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 3 Explanation of Changes.doc HFIN 2/22/2011 1:30:00 PM
SSTA 4/12/2012 9:00:00 AM
HB 3
HB 3 State by State Analysis.doc HFIN 2/22/2011 1:30:00 PM
SSTA 4/11/2012 9:00:00 AM
SSTA 4/12/2012 9:00:00 AM
HB 3
HB 3 Legal Opinion dated 012811.pdf HFIN 2/22/2011 1:30:00 PM
HB 3
HB 3 Sponsor Statement.doc HFIN 2/22/2011 1:30:00 PM
HB 3
HB7.supporting testimony.2.10.11.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB7.Support Letters.2.10.11.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB7.NCSL Research Report.10.5.10.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB7.Memo regarding changes to CS.2.11.11.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB7.Leg Research Report.Other states penalities.2.8.11.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB7.Article.K2 and Spice_Straight Tox.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB7.Article.DEA Press Release on Synthetic Materials.11.24.10.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB7.Article.ADN Article.Assembly outlaws chemical.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
CS HB 7 (JUD) Sponsor Statement.2.10.11.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB 19 Sponsor Statement.pdf HFIN 2/22/2011 1:30:00 PM
HB 19
HB 19 Sample License Plates.pdf HFIN 2/22/2011 1:30:00 PM
HB 19
HB 19 Legal Research.doc HFIN 2/22/2011 1:30:00 PM
HB 19
HB 119 Sectional Analysis CS EDT.pdf HFIN 2/22/2011 1:30:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 119
HB 119 AIDEA Bill Information Sheet and letter.pdf HFIN 2/22/2011 1:30:00 PM
SFIN 4/15/2011 9:00:00 AM
HB 119
HB7CS(JUD)NEWFN-LAW-02-18-11.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB 7 Support Letter.pdf HFIN 2/22/2011 1:30:00 PM
HB 7
HB3 ACLU Letter.pdf HFIN 2/22/2011 1:30:00 PM
SSTA 4/11/2012 9:00:00 AM
SSTA 4/12/2012 9:00:00 AM
HB 3