Legislature(2011 - 2012)HOUSE FINANCE 519

03/20/2012 09:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ HB 196 BULK FUEL LOANS/POWER PROJECT FUND TELECONFERENCED
Heard & Held
+ HB 261 COMMERCIAL FISHING ENTRY PERMIT LOANS TELECONFERENCED
Heard & Held
+= HB 9 IN-STATE GASLINE DEVELOPMENT CORP TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL 196                                                                                                                
                                                                                                                                
     "An Act relating  to the power project fund  and to the                                                                    
     bulk  fuel revolving  loan  fund;  establishing a  bulk                                                                    
     fuel  loan  account  and  making  the  bulk  fuel  loan                                                                    
     account and the bulk  fuel bridge loan account separate                                                                    
     accounts  in   the  bulk  fuel  revolving   loan  fund;                                                                    
     providing for  technical assistance to  rural borrowers                                                                    
     under the  bulk fuel  bridge loan program;  relating to                                                                    
     the  administration and  investment  of  the bulk  fuel                                                                    
     revolving loan  fund by the division  in the Department                                                                    
     of  Commerce,   Community,  and   Economic  Development                                                                    
     responsible for community and regional affairs; and                                                                        
     providing for an effective date."                                                                                          
                                                                                                                                
Representative   Edgmon  introduced   the  legislation.   He                                                                    
explained that  the bill took  two bulk fuel  loan programs,                                                                    
housed  in   the  Department  of  Commerce,   Community  and                                                                    
Economic Development (DCCED) and  administered them from one                                                                    
location.   The   Bulk   Fuel  Revolving   Loan   Fund   was                                                                    
administered by  the Alaska Energy  Authority (AEA)  and the                                                                    
Bulk Fuel  Bridge Loan  Program resided  in the  Division of                                                                    
Community and Regional Affairs.  He noted that consolidating                                                                    
the  programs administration  was  a  recommendation in  the                                                                    
"Governor's   Report   on   Energy"  and   from   AEA.   The                                                                    
consolidation  made both  programs more  accessible for  the                                                                    
public. Applicants  that were turned down  for the revolving                                                                    
loan  would not  have to  re-apply for  the bridge  loan. He                                                                    
questioned the fiscal note by the division.                                                                                     
                                                                                                                                
Ms.  Ayers  reported  that the  Division  of  Community  and                                                                    
Regional   Affairs  (DCRA)   would   perform   all  of   the                                                                    
underwriting, and  work directly with the  borrowers for the                                                                    
consolidated   loan   fund.   The   Division   of   Economic                                                                    
Development (DED) would provide loan servicing.                                                                                 
                                                                                                                                
SCOTT  RUBY, DIRECTOR,  DIVISION OF  COMMUNITY AND  REGIONAL                                                                    
AFFAIRS,  DEPARTMENT  OF  COMMERCE, COMMUNITY  AND  ECONOMIC                                                                    
DEVELOPMENT (via  teleconference), spoke  to the  new fiscal                                                                    
note  (FN  CED 3/19/12).  He  determined  that the  cost  to                                                                    
administer  the  consolidated  programs  would  increase  to                                                                    
$216.6 thousand for FY 2013  and $209.8 thousand in FY 2014.                                                                    
The AEA currently administered the  loans at a cost of $53.6                                                                    
thousand   dollars.  Presently,   within  the   division  an                                                                    
existing employee  was servicing the small  number of bridge                                                                    
loans without  charging the personnel costs  to the program.                                                                    
The consolidated  loan program  increased the  workload from                                                                    
administering  12 to  approximately 70  loans. The  division                                                                    
was  not able  to  perform the  additional  work without  an                                                                    
additional position.  The division had an  RSA (reimbursable                                                                    
services   agreement)   with   the  Division   of   Economic                                                                    
Development  for  invoicing  and loan  accounting.  The  DED                                                                    
required and extra position to  provide more of the services                                                                    
to DCRA  with the increase in  loans. He noted that  the new                                                                    
fiscal note  (FN CED 3/20/2012)  for DED was  funded through                                                                    
inter agency receipts.                                                                                                          
                                                                                                                                
Vice-chair Fairclough questioned  why additional funding was                                                                    
needed   considering  the   work  was   being  consolidated.                                                                    
Representative Edgmon  had the  same question.  He indicated                                                                    
that  AEA  had  a  staff  position  dedicated  half-time  to                                                                    
service the loans that would  transfer to DCRA. He mentioned                                                                    
confusion with  the fiscal notes.  He was aware of  a fiscal                                                                    
note that  appropriated a local  government specialist  at a                                                                    
range  17  to  DCRA  and  an appropriation  to  DED  for  an                                                                    
Accounting  Tech  II.  The  DCRA  contracted  out  technical                                                                    
services, credit  checks, and loan  counseling with  a third                                                                    
party.  The loans  primarily helped  small communities  with                                                                    
populations less than 2000.                                                                                                     
                                                                                                                                
Vice-chair Fairclough asked if  the state was using existing                                                                    
technology such  as online grant applications  to assist the                                                                    
process. Mr. Ruby answered, "no."  He stated that people can                                                                    
download the  application online and  most return it  by fax                                                                    
for review.  The bulk fuel  bridge loan  typically responded                                                                    
to  emergency   type  situations.  Recently,   two  villages                                                                    
applied  because less  than seven  days' worth  of fuel  was                                                                    
available. The  third party  contractor was  instrumental in                                                                    
helping the  communities with a  high credit risk  apply for                                                                    
and manage the loan.                                                                                                            
                                                                                                                                
10:21:03 AM                                                                                                                   
                                                                                                                                
Vice-chair Fairclough  remarked that DCRA planned  to manage                                                                    
the  loans much  differently than  AEA and  still questioned                                                                    
the fiscal notes.                                                                                                               
                                                                                                                                
Co-Chair Thomas  asked if the  same clients applied  for the                                                                    
loan each year.  He felt that the  personal services request                                                                    
in the fiscal note was problematic.                                                                                             
                                                                                                                                
Vice-chair Fairclough  believed that  the use  of technology                                                                    
via online applications, where  information was recalled for                                                                    
future applications could streamline the process.                                                                               
                                                                                                                                
Representative Gara  thought that  DCRA proposed  "the worst                                                                    
example   of   streamlining."    He   suggested   that   the                                                                    
consolidation should  transfer to  AEA. He  recommended that                                                                    
AEA transfer the  half time position to DED for  a "net zero                                                                    
cost."  He  argued  that streamlining  created  efficiencies                                                                    
that required  fewer personnel. He  questioned the  need for                                                                    
more personnel.  Ms. Ayers responded that  the challenge was                                                                    
turning one  operating unit into  two. The division  did not                                                                    
inherit 100  percent cost  savings from  AEA because  only a                                                                    
half time position  was dedicated to service  its portion of                                                                    
the loans. The division's  workload increased from servicing                                                                    
12  accounts  to 70  accounts.  She  stressed the  need  for                                                                    
additional  staff to  simultaneously  respond  to both  loan                                                                    
populations.  Time sensitivity  was a  factor in  processing                                                                    
the bridge loans. Often a  fuel barge was waiting to deliver                                                                    
fuel.                                                                                                                           
                                                                                                                                
10:25:41 AM                                                                                                                   
                                                                                                                                
Representative  Edgmon  responded to  Representative  Gara's                                                                    
suggestion to  transfer the  consolidated loan  servicing to                                                                    
AEA instead  of DCRA.  He elaborated  that AEA  was strongly                                                                    
favored  when the  idea first  came forward.  The switch  to                                                                    
DCRA  was  made to  utilize  DCRA's  seven local  government                                                                    
specialist   offices  spread   throughout  the   state.  The                                                                    
specialists  would work  with  the  third party  contractor;                                                                    
Rural  Alaska  Fuels.  The  consolidation  was  intended  to                                                                    
streamline  the process  and improve  the  services for  the                                                                    
community. The process  was supposed to be  simplified for a                                                                    
community to apply  for the bulk fuel revolving  loan and if                                                                    
turned down the application would  quickly be processed as a                                                                    
bridge loan. He remained  perplexed why extra personnel were                                                                    
necessary. He  emphasized that he  did not receive  a "clear                                                                    
response"  from  the department  and  that  it was  not  his                                                                    
intent to introduce the bill with extra personnel costs.                                                                        
                                                                                                                                
Representative  Costello asked  why the  choice was  made to                                                                    
shift  the loan  services to  DCRA. She  mentioned that  the                                                                    
budget  process was  focused on  departmental missions.  She                                                                    
relayed   that   DCRA  was   the   only   division  with   a                                                                    
constitutional  mandate;  Article   10,  Section  14,  which                                                                    
mandated a report on the  status of communities. The mission                                                                    
of AEA was to reduce energy  costs in the state. She thought                                                                    
that  AEA was  the more  appropriate division  for the  loan                                                                    
consolidation. Representative  Edgmon commented that  one of                                                                    
the reasons that  DCRA was chosen over AEA was  that AEA was                                                                    
taking  on  more   responsibilities  including  the  Susitna                                                                    
project. The premise was that  with the DCRA offices located                                                                    
in rural  parts of the  state, its capabilities  were better                                                                    
suited to assist smaller communities.                                                                                           
                                                                                                                                
Representative Costello  was informed that  communities were                                                                    
filling out  an application for  the first loan  process and                                                                    
had to re-apply  for the bridge loan from  scratch if turned                                                                    
down.  She  noted  that  the  board  for  Alaska  Industrial                                                                    
Development and  Export Authority, (AIDEA) was  the same for                                                                    
AEA,  which the  commissioner  of DCCED  was  a member.  She                                                                    
queried if  the problem  was ever brought  to the  board for                                                                    
resolution. Ms.  Ayers believed that discussions  were held.                                                                    
She  reiterated  that  the loans  were  time  sensitive  and                                                                    
required  focus  and  responsiveness  to  keep  the  process                                                                    
moving forward.                                                                                                                 
                                                                                                                                
10:31:43 AM                                                                                                                   
                                                                                                                                
Representative Wilson asked for  clarification on the number                                                                    
of loans. She deduced that the  increase from 12 to 70 loans                                                                    
was  an  actual increase  of  58,  which serviced  the  same                                                                    
communities every  year. Ms. Ayers  stated that  was correct                                                                    
and  added that  some  communities applied  several times  a                                                                    
year.                                                                                                                           
                                                                                                                                
Representative Wilson  felt that the division  could educate                                                                    
the  communities to  be  more proactive  and  apply for  the                                                                    
loans before  it was  an emergency  situation and  deal with                                                                    
the communities on a more  regular basis. She concurred with                                                                    
the  other  committee  members' call  for  more  efficiency,                                                                    
elimination  of repetitive  paperwork  for the  communities,                                                                    
and  questioned the  need for  additional  staff. Ms.  Ayers                                                                    
hoped  that   the  department  would   achieve  efficiencies                                                                    
through consolidation  of the loan  program by  DCRA working                                                                    
with the borrower on a more regular basis.                                                                                      
                                                                                                                                
Mr.  Ruby  revealed that  the  department  was proactive  in                                                                    
getting the  communities to apply for  loans. The department                                                                    
implemented  a  plan  called "fuel  watch."  The  department                                                                    
contacted  every  bulk fuel  purchaser  in  rural Alaska  to                                                                    
determine the status of payments.  He mentioned that 8 to 10                                                                    
communities  each  year  apply  late  for  various  reasons.                                                                    
Currently, there  were 49 loans  to process and some  of the                                                                    
communities  had  to fly  in  fuel.  Each time  a  community                                                                    
needed  more  fuel  another loan  was  necessary.  Only  one                                                                    
approval   process  was   required,  but   arrangements  for                                                                    
delivery were  made, invoices were processed,  and repayment                                                                    
schedules  developed for  each refill.  A lot  of the  staff                                                                    
time was  spent working  with the  communities on  cash flow                                                                    
issues.  Most of  the work  within DED  was not  application                                                                    
oriented but appraising cash  flow and developing procedures                                                                    
to  repay  the  loan. Representative  Edgmon  discussed  the                                                                    
larger issues  embedded in the situation.  Frequent turnover                                                                    
of city administrators and  personnel in smaller communities                                                                    
was  a  problem. The  application  process  was complex  and                                                                    
detailed financial statements were  necessary. The high cost                                                                    
of  fuel created  challenging  circumstances  and cash  flow                                                                    
problems.                                                                                                                       
                                                                                                                                
10:38:27 AM                                                                                                                   
                                                                                                                                
Co-Chair Thomas OPENED public testimony.                                                                                        
                                                                                                                                
DEL   CONRAD,  CEO,   RURAL   ALASKA   FUEL  SERVICES   (via                                                                    
teleconference) testified strongly in  favor of the bill. He                                                                    
reported that during the first  six years of the bridge loan                                                                    
program  his company  managed the  program. The  program was                                                                    
initially set  up as a  grant. The  funds were given  to the                                                                    
contractor under  the provision  that any unused  funds were                                                                    
returned to the state.  The company reviewed the application                                                                    
and  forwarded a  recommendation  to  the department.  After                                                                    
approval from the  department the company issued  a check to                                                                    
the  fuel vendor,  issued  monthly  invoices, and  processed                                                                    
collections.   The   company   also  interfaced   with   the                                                                    
communities  and  would  work   with  them  on  pricing  and                                                                    
collection. He explained  that the program was  changed to a                                                                    
loan  program  approximately  two years  earlier  and  state                                                                    
involvement  increased.  He  believed from  experience  that                                                                    
additional staff  was unnecessary.  He elucidated  that much                                                                    
of   his  work   with  financially   distressed  communities                                                                    
involved  establishing a  budget and  pricing. He  felt that                                                                    
combining the  programs eliminated duplication for  both the                                                                    
state  and  the  communities.  The  focus  of  DCRA  was  on                                                                    
sustainable   communities   and   thought   that   was   the                                                                    
appropriate  place  to  administer   the  loans.  The  local                                                                    
government  specialists were  familiar with  the communities                                                                    
and  understood  the  issues to  better  serve  economically                                                                    
distressed communities  in contrast to  AEA that acted  as a                                                                    
bank.                                                                                                                           
                                                                                                                                
10:41:58 AM                                                                                                                   
                                                                                                                                
MEERA  KOHLER, PRESIDENT  AND CEO,  ALASKA VILLAGE  ELECTRIC                                                                    
CO-OP  (via   teleconference),  spoke  in  support   of  the                                                                    
legislation.  She  discussed   that  several  years  earlier                                                                    
acting  as  a  member  of  the  Alaska  Village  of  Council                                                                    
Presidents had chaired a subcommittee  on rural fuel issues.                                                                    
The  subcommittee  had   determined  that  the  communities'                                                                    
credit risk was  the largest deterrent for  the community to                                                                    
receive  timely  fuel  delivery  with  better  pricing.  She                                                                    
revealed that  part of the  problem was the  formidable loan                                                                    
application process. She was in  favor of consolidation. She                                                                    
reiterated that AEA was a  banking institution. She believed                                                                    
DCRA  was  a  better  agency  to  handle  the  program.  The                                                                    
division  developed  the   inroads  and  relationships  with                                                                    
villages  that  could enable  the  villages  to become  more                                                                    
financially sustainable. She opined  that HB 196 represented                                                                    
a move in the right direction.                                                                                                  
                                                                                                                                
Co-Chair Thomas CLOSED public testimony.                                                                                        
                                                                                                                                
HB  196  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:45:25 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:46:33 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB196 Statutes Repealed by Section 6.pdf HFIN 3/20/2012 9:00:00 AM
HB 196
HB196 Sponsor Statement.pdf HFIN 3/20/2012 9:00:00 AM
HB 196
HB196 Sectional Analysis.pdf HFIN 3/20/2012 9:00:00 AM
HB 196
HB 261 Support--BBNA Resolution 2012-05.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 Sponsor Statement Final.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 Sectional Summary.PDF HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 Regarding CFAB Letter.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 CFRLF Summary with Section B Details.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 Regarding CFAB Letter.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 CFRLF Financial Information 1-12-2012.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 CFAB Letter.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 CDFU Support Letter.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 BBEDC Support Letter.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 Average Costs for Salmon Fishery Entry Permits in 2011.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
CSHB 261 (FSH) Explanation of Changes in CS.PDF HFIN 3/20/2012 9:00:00 AM
HB 261
HB9 Amendment-1- Gara K version.pdf HFIN 3/20/2012 9:00:00 AM
HB 9
HB 261 CS Work Draft B version.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 CSHB 261(FIN) Sponsor Statement.pdf HFIN 3/20/2012 9:00:00 AM
HB 261
HB 261 Explanation of Changes in CSHB 261 (FIN).PDF HFIN 3/20/2012 9:00:00 AM
HB 261
HB9 Fiscal Note Analysis Template.xls HFIN 3/20/2012 9:00:00 AM
HB 9
HB9 AGDC Funding Profile JMD.pdf HFIN 3/20/2012 9:00:00 AM
HB 9
HB9 HFIN Response to Questions.pdf HFIN 3/20/2012 9:00:00 AM
HB 9
HB 9 Amendment 2 -K- Thomas.pdf HFIN 3/20/2012 9:00:00 AM
HB 9
HB9 Odsather Testimony 3.docx HFIN 3/20/2012 9:00:00 AM
HB 9
HB9 Odsather Testimony 2.docx HFIN 3/20/2012 9:00:00 AM
HB 9
HB9 Odsather Testimony 1.docx HFIN 3/20/2012 9:00:00 AM
HB 9
HB9 Amendment 3-K-Thomas and Backup.pdf HFIN 3/20/2012 9:00:00 AM
HB 9