Legislature(2011 - 2012)HOUSE FINANCE 519

04/05/2011 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 30 DEDICATED TRANSPORT FUND/PUB TRANSPORT TELECONFERENCED
Heard & Held
*+ HB 31 TRANSPORT. INFRASTRUCTURE FUND APPROP. TELECONFERENCED
Heard & Held
+ HB 197 HOME ENERGY RATING SYSTEM TELECONFERENCED
Moved CSHB 197(FIN) Out of Committee
+ HB 173 SPORT FISHING GUIDING SERVICES TELECONFERENCED
Moved Out of Committee
+ HCR 9 STATE ENERGY PRODUCTION WORKING GROUP TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
HOUSE BILL NO. 30                                                                                                             
                                                                                                                                
     "An Act  relating to the  transportation infrastructure                                                                    
     fund, to local public  transportation, to the municipal                                                                    
     harbor  facility grant  fund, to  motor fuel  taxes, to                                                                    
     the  motor   vehicle  registration  fee,   to  driver's                                                                    
     license  fees,  to  identification card  fees,  to  the                                                                    
     studded tire  tax, and to  the vehicle rental  tax; and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
HOUSE BILL NO. 31                                                                                                             
                                                                                                                                
     "An  Act   making  a   special  appropriation   to  the                                                                    
     transportation infrastructure  fund; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
                                                                                                                                
2:40:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PEGGY WILSON, SPONSOR, addressed HB 30. She                                                                      
offered her sponsor statement:                                                                                                  
                                                                                                                                
      HB  30   will   define   the   Alaska   Transportation                                                                    
     Infrastructure Fund  (ATIF), how it will  be funded and                                                                    
     where the funds will be spent.                                                                                             
                                                                                                                                
     The  roads,   bridges,  airports,  ferries   and  other                                                                    
     transit    systems   that    make   up    our   state's                                                                    
     transportation  system   are  essential   to  mobility,                                                                    
     commerce  and   economic  development.   These  systems                                                                    
     increase safety, enhance  economic competitiveness, and                                                                    
     lead to a better quality  of life. To ensure Alaska has                                                                    
     the infrastructure  necessary to develop  our resources                                                                    
     as  well  as  improve  the living  conditions  for  our                                                                    
     citizens  we  must  commit to  funding  transportation.                                                                    
     Having a  dependable revenue stream  from year  to year                                                                    
     will  allow Alaska  to  manage  current congestion  and                                                                    
     maintenance  projects  as  well as  develop  access  to                                                                    
     needed resources and energy.                                                                                               
                                                                                                                                
     Additionally the  use of  state funds  for construction                                                                    
     means we will have greater  control and funding will go                                                                    
     towards   completing  projects   as   opposed  to   the                                                                    
     expensive  and lengthy  federal process.  Anchorage has                                                                    
     benefited  from the  use of  state funds  and has  seen                                                                    
     projects such  as the  McGraw Intersection  and Dowling                                                                    
     Street Extension get done faster  and cheaper than they                                                                    
     would have using the federal guidelines.                                                                                   
                                                                                                                                
     In FY10,  87 percent of our  transportation budget came                                                                    
     from the  federal government.  There have  been several                                                                    
     major deposits to the Federal  Highway Fund to keep the                                                                    
     expired federal  transportation reauthorization program                                                                    
     going. After 2  years we are still  operating under the                                                                    
     old  reauthorization  guidelines. All  indicators  show                                                                    
     that the  new reauthorization bill will  be unfavorable                                                                    
     for states  with small populations  due to  an emphasis                                                                    
     on  mass transit  and green  transportation. It  favors                                                                    
     toll roads  and bridges  and other  transportation that                                                                    
     pays for itself or that  can be supported with a public                                                                    
     private partnership.  Our own  DC delegation  have told                                                                    
     the legislature that  Alaska needs to rely  less on the                                                                    
     federal government  and start  shouldering some  of the                                                                    
     burden of improving our transportation infrastructure.                                                                     
                                                                                                                                
     HJR  4 will  put  an initiative  before  the voters  to                                                                    
     change  the  Alaska  State   Constitution  to  allow  a                                                                    
     dedicated  fund   for  Transportation   Projects.  With                                                                  
     passage of the initiative, HB  30 will define the fund.                                                                    
     It will outline  how the fund will be  managed, how the                                                                    
     earnings  will  be  spent and  who  will  decide  which                                                                    
     projects will be funded each year.                                                                                         
                                                                                                                                
     The  fund  will be  seeded  with  a $1B  endowment.  In                                                                    
     addition  to  the  endowment   ATIF  will  receive  the                                                                    
     revenue    generated   from    fuel   taxes,    vehicle                                                                    
     registrations,  driver's   license  and  identification                                                                    
     card fees, studded tire tax,  and vehicle rental taxes.                                                                    
     One half of these revenues  will be available each year                                                                    
     for  appropriation. The  other half  will be  deposited                                                                    
     into  the fund  to  both grow  the  fund and  inflation                                                                    
     proof it. In addition, six  percent of the market value                                                                    
     (POMV)   of   the   fund    will   be   available   for                                                                    
     appropriation.  The  Department   of  Revenue  will  be                                                                    
     charged  with administering  the fund.  The Legislature                                                                    
     should be able to  appropriate approximately ~$100M the                                                                    
     first year and then  grow the appropriation about $1.5-                                                                    
     2M per year after that.                                                                                                    
                                                                                                                                
     HB 30 will  create an advisory council  to evaluate the                                                                    
     project  submissions. The  council is  comprised of  17                                                                    
     voting members, 1  Department of Transportation /Public                                                                    
     Facilities employee, 11  from transportation affiliated                                                                    
     associations  and  1  from native  organization  and  4                                                                    
     public  members   and  2  non-voting  members   of  the                                                                    
     legislature.  The four  members of  the public  will be                                                                    
     appointed  by the  governor.  The members  representing                                                                    
     organizations  will be  appointed  by their  respective                                                                    
     organizations.                                                                                                             
                                                                                                                                
     Alaska  DOT/PF will  be  required to  create  a set  of                                                                    
     criteria  to  rank the  projects.  The  panel will  use                                                                    
     these criteria to give each  project a numeric score to                                                                    
     be   used   in   prioritizing   the   projects.   These                                                                    
     prioritized  projects   will  go  through   the  normal                                                                    
    budgetary cycle each year for final authorization.                                                                          
                                                                                                                                
     The bill  defines how the funds  shall be appropriated.                                                                    
     Not more than                                                                                                            
                                                                                                                                
          1. 80 percent of the funds may be used for roads                                                                      
          and surface transportation both state and                                                                             
          municipal,                                                                                                            
          2. 25 percent may be used for aviation,                                                                               
          3. 25 percent may be used for the Alaska Marine                                                                       
          Highway,                                                                                                              
          4. 20 percent may be used for harbor facilities,                                                                      
          state owned marine facilities and for deposit                                                                         
          into the municipal harbor facility grant fund,                                                                        
          5. 20 percent may be used for local community                                                                         
          transportation and transit.                                                                                           
          6. 15 percent may be used for trails and bike-                                                                        
          paths.                                                                                                                
                                                                                                                                
     These percentages  will provide the  flexibility needed                                                                    
     to focus  on one  mode one year  and switch  to another                                                                    
     the following year as needs dictate.                                                                                       
                                                                                                                                
     Besides  the above  appropriations, the  fund will  pay                                                                    
     for  all   fund  administration   costs  and   for  the                                                                    
     operations of the Department of Motor Vehicles.                                                                            
                                                                                                                                
     Alaska  is  geographically  the largest  state  in  the                                                                    
     country,  and the  future of  the  economic and  social                                                                    
     well being  of its citizens is  critically dependent on                                                                    
     a reliable  transportation system. This fund  is one of                                                                    
     the  tools   needed  to   create  a   modern,  reliable                                                                    
     transportation system.                                                                                                     
                                                                                                                                
     The CS  from House  Transportation reduced the  size of                                                                    
     the  Advisory  Council by  5  members  and removed  the                                                                    
     revenue  stream   from  airport  leases   and  airspace                                                                    
     leases.  It  also made  all  the  provisions of  HB  30                                                                    
     contingent upon  the voters  passage of  the initiative                                                                    
     to  change the  constitution  to  allow this  dedicated                                                                    
     fund.                                                                                                                      
                                                                                                                                
Representative Peggy  Wilson offered to provide  any further                                                                    
details to  the committee. She stated  that public testimony                                                                    
had not been solicited out the desire for brevity.                                                                              
                                                                                                                                
Vice-chair Fairclough  asked if the October  1st report date                                                                    
listed on page 3 of the  bill was meant to coincide with the                                                                    
end of the federal fiscal year.                                                                                                 
                                                                                                                                
REBECCA   ROONEY,   STAFF,  REPRESENTATIVE   PEGGY   WILSON,                                                                    
explained that  October 1st had  been selected to  allow for                                                                    
the governor to  examine the report before it  passed to the                                                                    
legislature.                                                                                                                    
                                                                                                                                
Vice-chair Fairclough pointed out  that on October 1st local                                                                    
municipalities had  to obligate all funds  for spending. She                                                                    
expressed  concern  that  the   project  line  up  could  be                                                                    
affected.                                                                                                                       
                                                                                                                                
Vice-chair Fairclough thought that  the 6 percent payout was                                                                    
aggressive  and  that  5 percent  was  a  more  conservative                                                                    
number.  She wondered  why 6  percent had  been chosen.  Ms.                                                                    
Rooney replied  that 6  percent had  been chosen  because it                                                                    
was the going  rate at the time. She shared  that the payout                                                                    
number was to  be chosen by the finance  committees and that                                                                    
a payout table could be  found in the committee member files                                                                    
that evaluated the payout from 4.5 percent up to 6 percent.                                                                     
                                                                                                                                
2:51:48 PM                                                                                                                    
                                                                                                                                
Representative  Peggy Wilson  added that  the constitutional                                                                    
budget amendment read "up to  6 percent." She explained that                                                                    
the  payout  percentage  could be  adjusted  by  statute  as                                                                    
needed by the legislature.                                                                                                      
                                                                                                                                
Co-Chair Stoltze wondered if writing  an assured payout into                                                                    
the constitutional amendment could  be helpful in persuading                                                                    
the public.                                                                                                                     
                                                                                                                                
Representative  Doogan  recalled  that  previous  testifiers                                                                    
from  the  financial  community  had  expressed  comfort  in                                                                    
calculating  percent  of market  value  at  4.5 percent.  He                                                                    
agreed that  6 percent  was an aggressive  number to  try to                                                                    
maintain year  after year without  diminishing the  value of                                                                    
the fund.                                                                                                                       
                                                                                                                                
Vice-chair Fairclough  added that  a 6 percent  payout could                                                                    
be acceptable  provided that  it did  not diminish  from the                                                                    
corpus of the fund.                                                                                                             
                                                                                                                                
Representative  Gara noted  that  $1 billion  was  a lot  of                                                                    
money.  He   believed  that  there   would  be   less  money                                                                    
appropriated   for  transportation   at   4.5  percent.   He                                                                    
recommended   deducing   the    average   appropriation   to                                                                    
department over  the last five  years. He suggested  that if                                                                    
the state  was going to  invest in a transportation  fund it                                                                    
would  be prudent  to investigate  the  amount of  political                                                                    
will  available to  push  for enough  spending  to meet  the                                                                    
desired infrastructure needs.                                                                                                   
                                                                                                                                
2:56:14 PM                                                                                                                    
                                                                                                                                
Representative Peggy Wilson explained  that the bill was not                                                                    
meant to  replace what  transportation was  currently doing.                                                                    
The  department  had  a  back  log of  over  $1  million  in                                                                    
maintenance  projects across  the state.  She stressed  that                                                                    
the fund was meant to enhance current operations.                                                                               
                                                                                                                                
Representative  Hawker   shared  that  there   was  recorded                                                                    
testimony of  the discussion  concerning the  prohibition of                                                                    
dedicated funds during the  constitutional debates. He asked                                                                    
how the  legislature was expected  to respond  to testifiers                                                                    
in the recording who referred  to the dedication of funds as                                                                    
an  "inherent   evil"  and  that  each   budget  year  every                                                                    
competing need  in the  state should be  able to  compete on                                                                    
equal standing for the scarce amount available revenue.                                                                         
                                                                                                                                
Representative Peggy  Wilson responded that drafters  of the                                                                    
constitution  had grandfathered  in  three different  funds.                                                                    
Two of  the funds  were dedicated transportation  funds; one                                                                    
for  land  and  one  for water.  The  legislation  would  be                                                                    
reinstating a fund that had  already existed during the time                                                                    
that the Alaska State Constitution was put in place.                                                                            
                                                                                                                                
Co-Chair Stoltze  queried why the dedicated  funds should be                                                                    
for transportation and not education.                                                                                           
                                                                                                                                
Representative   Peggy  Wilson   answered  that   the  third                                                                    
dedicated fund  was related to  education. She  assumed that                                                                    
through  the   years  past   legislators  had   decided  the                                                                    
dedicated funds were unnecessary.  She stated that she chose                                                                    
the  issue  of transportation  because  that  was where  she                                                                    
believed the state had the greatest need.                                                                                       
                                                                                                                                
Co-Chair Stoltze noted that the  closest the legislature had                                                                    
come  to establishing  a dedicated  that fund  for education                                                                    
was   in  1989;   Governor  Cowper   had   pushed  for   the                                                                    
legislation, which failed in the Senate.                                                                                        
                                                                                                                                
2:59:52 PM                                                                                                                    
                                                                                                                                
Representative Peggy  Wilson explained  that the  bill would                                                                    
help with economic development in the state.                                                                                    
                                                                                                                                
Representative  Guttenberg  though  that  the  argument  for                                                                    
dedicated  funds  for  education was  still  compelling.  He                                                                    
wondered   whether   the   yearly  analysis   suggested   by                                                                    
Representative Gara would be  beneficial. He understood that                                                                    
a steady  source of income  for transportation  projects was                                                                    
necessary, but opined that the issue was perpetual.                                                                             
                                                                                                                                
Ms.  Rooney  responded  that the  department  was  currently                                                                    
funded at  6 percent  of market value,  at $100  million per                                                                    
year. She asserted  that the numbers were close  to what had                                                                    
been seen historically.                                                                                                         
                                                                                                                                
Representative  Guttenberg  surmised  that  the  legislature                                                                    
should continue to  fund the department just as  it had been                                                                    
doing. He  thought that dedicating funds  would be confusing                                                                    
to the public.                                                                                                                  
                                                                                                                                
Representative Peggy  Wilson remarked that the  state needed                                                                    
to be  looking at the future  and not just the  present. She                                                                    
said that there  was no guarantee that the  oil pipeline was                                                                    
not  going  to  shut  down   next  year.  She  stressed  the                                                                    
importance that  the state determine  what would be  done in                                                                    
the event of declining revenue.                                                                                                 
                                                                                                                                
3:03:35 PM                                                                                                                    
                                                                                                                                
Representative  Doogan  believed  that the  legislation  was                                                                    
much more sophisticated  than it had been in  its past form.                                                                    
He felt  that the problem  with the proposal was  related to                                                                    
the cost  and had  been compounded by  the decisions  of the                                                                    
House   of   Representatives   concerning  taxes   for   oil                                                                    
companies. He explained that the  legislation was in a suite                                                                    
of  bills  that  had  been  introduced  that  would  take  a                                                                    
significant  amount of  money from  the state.  He expressed                                                                    
concern that state  funding would be distributed  on a first                                                                    
come-first  served  basis.  He  wondered  why  the  proposed                                                                    
legislation  should   be  the  first  choice   in  terms  of                                                                    
allocating funds for a single purpose.                                                                                          
                                                                                                                                
Representative  Peggy  Wilson   reiterated  that  the  state                                                                    
needed to plan  for the future. She said that  the state had                                                                    
$8 billion  in projects that  were not being  addresses. She                                                                    
believed that  because the state was  currently experiencing                                                                    
a  time of  a slight  financial surplus;  this would  be the                                                                    
best time to dedicate the funds.                                                                                                
                                                                                                                                
Co-Chair Stoltze stated that the vetting  of HB 30 and HB 31                                                                    
would  be done  in a  subcommittee consisting  of Vice-Chair                                                                    
Fairclough,  Co-Chair Thomas,  Representative Costello,  Co-                                                                    
Chair Stoltze, and Representative Doogan.                                                                                       
                                                                                                                                
HB 30 was  HEARD and HELD and referred  to subcommittee that                                                                    
consisted   of  Vice-chair   Fairclough,  Co-Chair   Thomas,                                                                    
Representative     Costello,    Co-Chair     Stoltze,    and                                                                    
Representative Doogan for further consideration.                                                                                
                                                                                                                                
HB 31 was  HEARD and HELD and referred  to subcommittee that                                                                    
consisted   of  Vice-chair   Fairclough,  Co-Chair   Thomas,                                                                    
Representative     Costello,    Co-Chair     Stoltze,    and                                                                    
Representative Doogan for further consideration.                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB 30 Legal opinion aviation fuel tax.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 MatSu Reso 3-11.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 support email sorenson.htm HFIN 4/5/2011 1:30:00 PM
HB 30
CSHB 30 ACoA Support Letter (2).pdf HFIN 4/5/2011 1:30:00 PM
HB 30
CSHB30 Ver T Sectional.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 -ATIF Sponsor Stmt ver T.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 Legal opinion aviation fuel tax.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 ltr support businesses.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 ltr support chamber.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 ltr support Mobility coalition.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 Persily Report.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 support AML.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 support Harbormasters.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 30 supt ltr Johansen.pdf HFIN 4/5/2011 1:30:00 PM
HB 30
HB 31 SponsorStmt Ver A.pdf HFIN 4/5/2011 1:30:00 PM
HB 31
HB0031A.pdf HFIN 4/5/2011 1:30:00 PM
HB 31
HB31 ATIF Payout 4.5.pdf HFIN 4/5/2011 1:30:00 PM
HB 31
HB31 ATIF Payout 4.75.pdf HFIN 4/5/2011 1:30:00 PM
HB 31
HB31 ATIF payout 5.0 (1).pdf HFIN 4/5/2011 1:30:00 PM
HB 31
HB31 ATIF payout 5.0.pdf HFIN 4/5/2011 1:30:00 PM
HB 31
HB31 ATIF payout 5.25.pdf HFIN 4/5/2011 1:30:00 PM
HB 31
HB31 ATIF Payout 6.0.pdf HFIN 4/5/2011 1:30:00 PM
HB 31
TRANSPORTATION_Fiscal_Plan_FY2011.pdf HFIN 4/5/2011 1:30:00 PM
HB 197
HB 197 AARP Letter of Support.pdf HFIN 4/5/2011 1:30:00 PM
HB 197
HB 197 Sponsor Statement.pdf HFIN 4/5/2011 1:30:00 PM
HB 197
HB 197 Sectional Summary.pdf HFIN 4/5/2011 1:30:00 PM
HB 197
HCR 9 - 2 Sponsor Statement.pdf HFIN 4/5/2011 1:30:00 PM
HCR 9
HCR 9 - 3 Wyoming Producer States Agreement.pdf HFIN 4/5/2011 1:30:00 PM
HCR 9
HCR 9 - 4 Utah Producer States Agreement.pdf HFIN 4/5/2011 1:30:00 PM
HCR 9
HB 173 - KRSA Sportfishing Overview Slide 19am - Feb 15 Meeting - Transition Team Topics - Sportfishing Guide Service Board.pdf HFIN 4/5/2011 1:30:00 PM
HB 173
HB 173 - Licensing Reauthorization Sport Fish Briefing - ADF&G - 2011.pdf HFIN 4/5/2011 1:30:00 PM
HB 173
HB 173 - UFA Ltr - Support.pdf HFIN 4/5/2011 1:30:00 PM
HB 173
HB 173 - Sponsor Statement.pdf HFIN 4/5/2011 1:30:00 PM
HB 173
HB 197 CS WORKDRAFT 27-LS0628-B 040411.pdf HFIN 4/5/2011 1:30:00 PM
HB 197
HB 197 Summary of changes From Ver. A to Ver. B.pdf HFIN 4/5/2011 1:30:00 PM
HB 197
HB 197 Letter of Support - Homebuilders.pdf HFIN 4/5/2011 1:30:00 PM
HB 197