Legislature(2021 - 2022)ADAMS 519

05/07/2021 09:00 AM House FINANCE

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09:03:22 AM Start
09:03:43 AM HB104
10:03:10 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 104 MOTOR FUEL TAX; VEHICLE REG. FEE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 104                                                                                                            
                                                                                                                                
     "An Act relating to vehicle registration and                                                                               
     registration fees; relating to the motor fuel tax; and                                                                     
     providing for an effective date."                                                                                          
                                                                                                                                
9:03:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ANDY   JOSEPHSON,  SPONSOR,   thanked   the                                                                    
committee for  hearing the  bill. He  believed the  bill was                                                                    
good and  well overdue. He  began by providing  a historical                                                                    
picture  of  the  tax  that  was  implemented  in  1970.  He                                                                    
discussed that 1970  had been the middle of  the Vietnam War                                                                    
and  the  U.S.  still  had 335,000  troops  in  Vietnam.  He                                                                    
stressed that the tax rate was  51 years old. He shared that                                                                    
his father  had been in  the state  Senate when the  tax had                                                                    
passed. He noted  that the Parks Highway had  not existed at                                                                    
the  time,  meaning  it  had   been  necessary  to  use  the                                                                    
Richardson Highway to drive from  Anchorage to Fairbanks. He                                                                    
underscored  that  the  state  was  hurting  itself  by  not                                                                    
increasing  the tax.  He  explained that  it  was no  longer                                                                    
possible  to  maintain  the   state's  roads  with  existing                                                                    
revenue. The  bill would  increase revenue  by approximately                                                                    
$33 million.                                                                                                                    
                                                                                                                                
Representative  Josephson   reported  that   the  additional                                                                    
revenue  would   not  cover  all  of   the  maintenance  and                                                                    
operations needs.  He added that maintenance  and operations                                                                    
could  not  be funded  directly  with  federal revenue;  the                                                                    
costs  had  to  be  covered by  the  state  exclusively.  He                                                                    
highlighted  that doubling  the  tax meant  the state  would                                                                    
come  much closer  to caring  for its  roads in  a way  that                                                                    
would help  commerce in all  facets. He relayed  that former                                                                    
Department  of Transportation  and  Public Facilities  (DOT)                                                                    
commissioner Marc  Luiken had stated  that there would  be a                                                                    
benefit  to construction,  tourism,  fishing,  oil and  gas,                                                                    
logistics,  shipping   of  goods  and  groceries,   and  all                                                                    
transportation related activities.                                                                                              
                                                                                                                                
Representative  Josephson  explained  that  the  bill  would                                                                    
double the  annual tax of  about $57  for an average  car to                                                                    
around $120. He  noted that the more urban  the driving, the                                                                    
less a  person would move off  of the $57 mean.  He remarked                                                                    
that for Mat-Su,  the cost would be closer  to an additional                                                                    
full $57 or more; however,  the drivers would benefit during                                                                    
the commute to Anchorage. He  stressed that the tax had lost                                                                    
85  percent of  its spending  power since  its inception  51                                                                    
years earlier. He pointed out that  DOT was asked to do more                                                                    
and more  with less and  less. He elaborated that  cars were                                                                    
traveling three times as many miles  as they had in 1970 due                                                                    
to   an  increased   number  of   people,   cars,  and   the                                                                    
construction of the Parks  Highway. Additionally, cars could                                                                    
drive  an  increased  number  of  miles  on  less  gasoline.                                                                    
Consequently, there  was less tax revenue  from the gasoline                                                                    
tax.                                                                                                                            
                                                                                                                                
Representative Josephson  discussed that  some of  the extra                                                                    
mileage had  been solved by charging  electric vehicles (EV)                                                                    
and EV hybrids  a biennial fee because they  were not paying                                                                    
the  same gasoline  as others,  yet their  vehicles impacted                                                                    
the  roads  just  like  a   regular  combustion  engine.  He                                                                    
highlighted   that  DOT   had  $264   million  in   deferred                                                                    
maintenance.  He  expounded  that   the  bill  would  slowly                                                                    
whittle  down the  number.  He detailed  that  the bill  was                                                                    
supported by interests in the  state that wanted to make the                                                                    
wheels of  the economy turn including  the Fairbanks Chamber                                                                    
of Commerce  and the Alaska  Trucking Association  (ATA). He                                                                    
noted  that ATA  wanted  to  ensure the  funds  would go  to                                                                    
maintenance and operations, which  would largely happen. The                                                                    
bill  was supported  by the  Alaska General  Contractors and                                                                    
major  engineering firms  such as  DOWL and  HDR. He  stated                                                                    
that people saw the tax increase  as a need. He believed the                                                                    
increase was long overdue.                                                                                                      
                                                                                                                                
Representative Josephson explained that  the bill would also                                                                    
increase a  surcharge by  55 hundredths of  a penny  to make                                                                    
the  Spill  Prevention  and  Response  (SPAR)  account  more                                                                    
sustainable.  He  detailed  that the  upcoming  presentation                                                                    
would show  the account was  dropping off. He  stressed that                                                                    
the  account needed  to be  sustainable. He  emphasized that                                                                    
there   were  2,400   contaminated  sites   in  Alaska.   He                                                                    
underscored  that  the  morale  in  the  SPAR  Division  was                                                                    
suffering.  Additionally,  the  bill  would  help  stop  the                                                                    
closure of  maintenance stations  like Silver Tip.  He noted                                                                    
there was a  press release in late 2018  specifying that the                                                                    
Silver  Tip maintenance  station  closure  was triggered  by                                                                    
lower than expected revenue from motor fuel tax.                                                                                
                                                                                                                                
                                                                                                                                
9:09:39 AM                                                                                                                    
                                                                                                                                
Representative  Josephson  believed that  even  constituents                                                                    
who did  not want to  pay an average  of $57 more  per year,                                                                    
would see  their safety improved.  He believed the  bill was                                                                    
beyond due. He asked his staff to provide a presentation.                                                                       
                                                                                                                                
NATHANIAL  GRABMAN,  STAFF, REPRESENTATIVE  ANDY  JOSEPHSON,                                                                    
introduced himself.  He relayed that the  bill was identical                                                                    
to SB 115 that had passed  out of the committee the previous                                                                    
year. He  provided a  PowerPoint presentation  titled "House                                                                    
Bill 104 Motor Fuel Tax," dated  May 6, 2021 (copy on file).                                                                    
He  began with  slide 2  and  addressed the  motor fuel  tax                                                                    
history. He  detailed that  the motor  fuel tax  had started                                                                    
prior to  statehood. The tax had  started in 1945 at  1 cent                                                                    
per gallon and  had been increased to 8 cents  per gallon in                                                                    
1970. He elaborated that seven  years later, the marine fuel                                                                    
tax had  increased to  5 cents per  gallon. The  most recent                                                                    
change had been in 2015  when a $0.0095 per gallon surcharge                                                                    
had  been  added on  motor  fuel  intended to  maintain  the                                                                    
solvency of the SPAR account.                                                                                                   
                                                                                                                                
9:11:29 AM                                                                                                                    
                                                                                                                                
Mr. Grabman  turned to slide  3 and reviewed  existing motor                                                                    
fuel  tax rates  and  the increases  that  would take  place                                                                    
under the  bill. He relayed  that the motor fuel  and marine                                                                    
fuel taxes would  double, aviation and jet  fuel taxes would                                                                    
remain the  same, the refined fuel  surcharge would increase                                                                    
from $0.0095 to  $0.015 per gallon, the  off-road use refund                                                                    
would  increase  from $0.06  to  $0.12,  and the  Commercial                                                                    
Fisheries  Entry Commission  (CFEC)  permittee refund  would                                                                    
increase  from   $0.00  to  $0.05  for   commercial  fishing                                                                    
vessels.                                                                                                                        
                                                                                                                                
Mr.  Grabman moved  to slide  4 and  addressed how  the bill                                                                    
would  impact the  average Alaskan  driver.  He stated  that                                                                    
based    on   information    from   the    Federal   Highway                                                                    
Administration on  average mileage driven and  average miles                                                                    
per gallon, there  would be an estimated  cost increase [for                                                                    
consumers] of about $40 per  year. He added that the average                                                                    
increase  of  $57  per   year  mentioned  by  Representative                                                                    
Josephson was based on data  from previous years. He relayed                                                                    
that the motor  fuel tax aimed to charge  consumers more for                                                                    
the upkeep  of roads and  highways. He stated that  with the                                                                    
advent of increasing numbers of  electric vehicles and plug-                                                                    
in hybrids, the relationship had become somewhat strained.                                                                      
                                                                                                                                
Mr.  Grabman moved  to  slide 5  and  addressed an  electric                                                                    
vehicle  registration  fee.  The  bill  would  increase  the                                                                    
biennial  registration fee  from $100  to $200  for electric                                                                    
vehicles and  vehicles using  alternative fuels  not subject                                                                    
to  the  tax. Additionally,  the  bill  included a  biennial                                                                    
registration fee increase for  plug-in hybrids [from $100 to                                                                    
$150]. He  explained that for gasoline  powered vehicles the                                                                    
bill  would cost  a  user  an additional  $40  per year.  He                                                                    
elaborated that  because electric  vehicles did not  pay for                                                                    
motor  fuel, the  bill would  increase the  electric vehicle                                                                    
registration fee by about $50 per year.                                                                                         
                                                                                                                                
9:14:12 AM                                                                                                                    
                                                                                                                                
Mr. Grabman  advanced to  slide 6 and  gave a  comparison to                                                                    
other states.  He reported  that Alaska  had the  lowest tax                                                                    
rate  on highway  fuel  and  marine fuel  of  any state.  He                                                                    
expounded that  under the  legislation, Alaska  would remain                                                                    
well below  the national average,  moving from 50th  to 43rd                                                                    
in highway  fuel tax. He  added that the state  would remain                                                                    
last in marine fuel taxes.                                                                                                      
                                                                                                                                
Representative  LeBon  asked   about  the  electric  vehicle                                                                    
renewal  registration  fee on  slide  5.  He understood  the                                                                    
reason for increasing the fee  from $100 to $200 biennially.                                                                    
He stated that  the registration fee went  into a designated                                                                    
account.  He  asked  if  the funds  were  directed  to  road                                                                    
maintenance. Alternatively,  he asked  if it  was up  to the                                                                    
legislature to allocate the funds to road maintenance.                                                                          
                                                                                                                                
Mr.  Grabman replied  that the  increase  in collected  fees                                                                    
would go  into the Special  Highway Fuel Tax  Account, which                                                                    
would be utilized similarly to the motor fuel tax revenue.                                                                      
                                                                                                                                
Representative Wool  asked whether  other states  had marine                                                                    
fuel tax exemptions.                                                                                                            
                                                                                                                                
Mr.  Grabman answered  that there  were a  few states  [with                                                                    
marine fuel tax exemptions] but Alaska was in the minority.                                                                     
                                                                                                                                
Representative Wool  stated that his office  had been unable                                                                    
to find another  state with a marine fuel  exemption. He was                                                                    
curious to learn which states had an exemption.                                                                                 
                                                                                                                                
Mr. Grabman would  follow up on the question. He  moved to a                                                                    
graph  on slide  8 showing  the reduction  in real  value of                                                                    
Alaska's motor fuel tax from  1970 to 2021. He detailed that                                                                    
the state's motor  fuel tax had been $0.08  per gallon since                                                                    
1970. He  explained that if  the tax had increased  with the                                                                    
Consumer Price Index,  the average cost of a  gallon of gas,                                                                    
or  per  capita  income  in  Alaska,  the  amount  would  be                                                                    
multiple times  its current rate.  He pointed to  the static                                                                    
magenta line on  the graph showing the $0.08  per gallon tax                                                                    
over time.  He noted  that other lines  on the  graph showed                                                                    
what the tax  would have looked like if it  aligned with the                                                                    
aforementioned  values. He  noted  that if  the tax  aligned                                                                    
with any of the mentioned values  it would be over $0.50 per                                                                    
gallon.  He added  that the  bill would  increase the  motor                                                                    
fuel tax from $0.08 to $0.16 per gallon.                                                                                        
                                                                                                                                
Mr. Grabman  turned to slide 9  and showed a graph  of motor                                                                    
fuel tax by state. He  pointed out that Alaska was currently                                                                    
at the  far left  of the  chart. He  detailed that  the blue                                                                    
portion of the bars represented  state excise tax - Alaska's                                                                    
was  $0.08 per  gallon -  and the  orange represented  other                                                                    
taxes and fees  such as Alaska's refined  fuel surcharge and                                                                    
local sales  taxes. He relayed  that under  the legislation,                                                                    
Alaska  would move  slightly to  the right  between Colorado                                                                    
and  Washington D.C.;  Alaska would  still fall  far on  the                                                                    
left of the average taxes.                                                                                                      
                                                                                                                                
9:18:07 AM                                                                                                                    
                                                                                                                                
Mr. Grabman  moved to  slide 10 and  reported that  the bill                                                                    
would increase  annual revenue by approximately  $30 million                                                                    
per year.  The bill was  anticipated to generate  around $30                                                                    
million per year  in highway fuels. He  reported that marine                                                                    
fuels would bring in between  $5.4 million and $5.7 million,                                                                    
with  some decrease  due to  the commercial  fishing refund.                                                                    
The  refined fuel  surcharge  would  bring in  approximately                                                                    
$3.5 million.  Additionally, the  change in  the alternative                                                                    
fuel vehicle  registration fee would bring  in about $87,000                                                                    
annually, assuming  the number of alternative  fuel vehicles                                                                    
remained  constant.  He  noted  it appeared  the  number  of                                                                    
alternative fuel vehicles was increasing over time.                                                                             
                                                                                                                                
Mr. Grabman  addressed the  current impact  of low  rates on                                                                    
slide  11. He  believed the  information on  the slide  came                                                                    
from one  of the bill's  fiscal notes. He stated  there were                                                                    
many  things  additional  revenues  could be  used  for.  He                                                                    
highlighted  a substantial  deferred maintenance  backlog at                                                                    
DOT that a  portion of the increased revenues  could be used                                                                    
for.                                                                                                                            
                                                                                                                                
Mr. Grabman  advanced to  a chart on  slide 12  showing that                                                                    
without additional  revenue, the SPAR fund  (used to address                                                                    
spills  around the  state)  faced  insolvency. He  explained                                                                    
that  the  increase  to  the  refined  fuel  surcharge  from                                                                    
$0.0095  to  $0.015  aimed  to  prevent  insolvency  in  the                                                                    
account.                                                                                                                        
                                                                                                                                
9:19:49 AM                                                                                                                    
                                                                                                                                
Representative  Johnson  referenced the  marine  "carve-out"                                                                    
provision.  She  felt  like  "we  give  into  all  of  these                                                                    
complicated things  in Alaska"  due to  the desire  to carve                                                                    
out  various things.  She observed  that people  towed their                                                                    
boats on the  highways. She pointed out  that spill response                                                                    
was more expensive for marine spills.                                                                                           
                                                                                                                                
Representative Josephson  agreed that cleaning up  spills in                                                                    
the  water was  more expensive  than cleaning  up spills  on                                                                    
land. He  reported that in  2015 Senator Peter  Micciche and                                                                    
former Representative  Cathy Munoz  worked together  to pass                                                                    
the  first surcharge  for  SPAR  of just  under  a penny  at                                                                    
$0.0095.  He detailed  that the  resulting revenue  had been                                                                    
slightly    under    the    anticipated    amount    because                                                                    
municipalities  and  electric  cooperatives  were  exempted.                                                                    
Additionally, there  was less throughput, meaning  there was                                                                    
less tax generated. The bill added an extra half cent.                                                                          
                                                                                                                                
Representative Johnson  thought there  was an  exemption for                                                                    
marine fuel.                                                                                                                    
                                                                                                                                
Representative Josephson  clarified that the  bill contained                                                                    
an exemption  for CFEC  vessels (commercial  fishing boats).                                                                    
He  explained that  at the  end of  the year,  a boat  owner                                                                    
could  submit fuel  receipts for  marine operations  and the                                                                    
state would reimburse them for that amount.                                                                                     
                                                                                                                                
Representative  Johnson was  trying to  get her  mind around                                                                    
another  carve-out.  She   remarked  there  were  commercial                                                                    
vehicles on  the road, and it  did not make sense  to her to                                                                    
carve out an exemption for commercial fishing.                                                                                  
                                                                                                                                
Representative  Josephson answered  that  the carve-out  had                                                                    
been in the bill for over a year.                                                                                               
                                                                                                                                
Representative  Thompson remarked  that he  was not  totally                                                                    
understanding the  commercial fishing  vessel carve  out. He                                                                    
stated that  the Alaska Trucking Association  was commercial                                                                    
and was responsible for hauling  everything Alaskans ate. He                                                                    
highlighted  that  the organization  had  not  asked for  an                                                                    
exemption and had  come out in support of  the increased tax                                                                    
in the bill.  He did not understand how  the fishing vessels                                                                    
managed to receive a carve-out.  He requested more detail on                                                                    
the reasoning for providing an exemption for one industry.                                                                      
                                                                                                                                
9:24:04 AM                                                                                                                    
                                                                                                                                
Representative Josephson  replied that ATA did  not critique                                                                    
the  exemption for  the fishing  industry. He  detailed that                                                                    
ATA's criticism rested in wanting  to be certain the tax was                                                                    
used for its industry. He  elaborated that ATA was concerned                                                                    
about DOT  using the  funds for  secondary purposes  such as                                                                    
rights  of  way,  appurtenances, and  possibly  things  like                                                                    
sidewalks.  He explained  that ATA  wanted the  funds to  go                                                                    
solely  to maintenance  and operations.  He reiterated  that                                                                    
ATA  had  not   raised  the  issue  of   concern  about  the                                                                    
commercial fishing fleet.                                                                                                       
                                                                                                                                
Representative LeBon  reported that  he had a  concern about                                                                    
the exemption  the previous year. He  asked for verification                                                                    
that someone operating a sport  fishing guiding business was                                                                    
not entitled to the 5 cent per gallon rebate.                                                                                   
                                                                                                                                
Representative Josephson replied affirmatively.                                                                                 
                                                                                                                                
Representative LeBon stated  that it had been  his issue the                                                                    
previous year  and it  would remain an  issue for  him going                                                                    
forward.                                                                                                                        
                                                                                                                                
9:25:25 AM                                                                                                                    
                                                                                                                                
Representative  Wool thought  there was  a proposed  10 cent                                                                    
reduction for  marine fuel  with an  additional 5  cents for                                                                    
CFEC  vessels. He  asked if  there  was a  15 cent  combined                                                                    
exemption on a 16 cent tax.                                                                                                     
                                                                                                                                
Mr. Grabman replied  in the negative. He  clarified that the                                                                    
tax on marine  fuel would increase from 5 cents  to 10 cents                                                                    
per  gallon. The  potential rebate  for CFEC  permit holders                                                                    
would increase  from nonexistent to  5 cents per  gallon. He                                                                    
elaborated  that the  effective rate  for marine  fuel users                                                                    
with CFEC permits would remain the same.                                                                                        
                                                                                                                                
Representative  Wool surmised  that sport  fishing companies                                                                    
would pay 10  cents and fishermen paid 5 cents.  He had been                                                                    
unable to find any other  states with a marine exemption. He                                                                    
had supported Representative  LeBon's amendment the previous                                                                    
year on  the issue. He  noted the off-road use  exemption in                                                                    
the  bill. He  remarked  that off-road  users had  vocalized                                                                    
that they  did not drive  on the roads and  therefore should                                                                    
not be  subject to the  tax. He countered the  argument with                                                                    
an example on  property tax. He provided a  scenario where a                                                                    
person  paid  property tax  but  did  not have  children  in                                                                    
school.  He explained  that people  without children  in the                                                                    
school system still had to  pay property tax that benefitted                                                                    
schools because it  was good for the  community. He believed                                                                    
the tax generated  by the bill would go to  the General Fund                                                                    
and the  same amount would be  diverted to DOT. He  asked if                                                                    
it  would supplement  DOT's budget  or replace  General Fund                                                                    
dollars that normally went to DOT.                                                                                              
                                                                                                                                
Representative  Josephson  answered  that  the  funding  may                                                                    
briefly touch the General Fund  in a technical way; however,                                                                    
the funding  would ultimately go to  a designated subaccount                                                                    
to  pay for  maintenance  and operations.  The aviation  tax                                                                    
went to  aviation purposes and  the marine fuel  tax revenue                                                                    
went to  harbors. He  reported that  the state  was spending                                                                    
about  $130 million  per year  on  highways maintenance  and                                                                    
operations  with  $30 million  in  revenue.  The bill  would                                                                    
double the  revenue to  $60 million.  He explained  that the                                                                    
undesignated  general fund  (UGF)  spend  would drop,  which                                                                    
would free up UGF to cut  government or pay for other needed                                                                    
services. He  pointed out  that when the  tax had  been set,                                                                    
the average American salary was  $9,000. He highlighted that                                                                    
in  the past  eight  years, 31  states  had increased  their                                                                    
motor fuel  tax. He suggested  the need  to act in  a mature                                                                    
fashion and recognize  that the existing motor  fuel tax was                                                                    
51 years old.                                                                                                                   
                                                                                                                                
9:29:42 AM                                                                                                                    
                                                                                                                                
Representative Wool  clarified that  he was in  full support                                                                    
of the  tax. He remarked that  in 1970 the price  of gas was                                                                    
36 cents,  and the tax  was 8 cents  [shown on slide  7]. He                                                                    
pointed out  that 22 percent of  the price of fuel  had been                                                                    
tax. He highlighted  that currently gas was  about $3.00 per                                                                    
gallon  and  the tax  was  8  cents.  He remarked  that  the                                                                    
contrast indicated the  need for an increase in  the tax. He                                                                    
commented that he  did not want to upend the  bill, which he                                                                    
supported.  He relayed  he had  a problem  with some  of the                                                                    
exemptions, including the  off-road exemption. He understood                                                                    
that mining companies  did not use the  roads; however, they                                                                    
burned   gas  and   produced   emissions  (unlike   electric                                                                    
vehicles), which he  noted was not good in  the big picture.                                                                    
Additionally,  the  companies  made  substantial  money.  He                                                                    
believed the overall  tax rate to the state  for fishing and                                                                    
mining was  relatively low. He  was not  in favor of  any of                                                                    
the exemptions, but he supported the bill.                                                                                      
                                                                                                                                
Representative  Edgmon relayed  that  he had  sat through  a                                                                    
hearing on  the bill  in the House  Transportation Committee                                                                    
two years  earlier and therefore  had some  familiarity with                                                                    
the topic.  He noted  that the bill  was titled  motor fuels                                                                    
tax,  yet   it  was   applied  to  highway   operations  and                                                                    
maintenance. He asked if his understanding was accurate.                                                                        
                                                                                                                                
Representative Josephson replied  affirmatively. He detailed                                                                    
that the  fiscal notes referred to  the tax as a  motor fuel                                                                    
tax, as did  the sponsor's office and  Senator Click Bishop.                                                                    
He  agreed that  most of  tax  revenue would  go to  highway                                                                    
maintenance  and  operations,  with exception  to  the  SPAR                                                                    
assistance.                                                                                                                     
                                                                                                                                
Representative  Edgmon reasoned  that motor  fuel tax  was a                                                                    
moniker or  phrase used  to describe  the bill.  He remarked                                                                    
that the  bill exempted  any increases  on aviation  and jet                                                                    
fuels.  He asked  for verification  that  proceeds from  the                                                                    
bill did not go to airports.                                                                                                    
                                                                                                                                
Representative Josephson agreed.                                                                                                
                                                                                                                                
Representative  Edgmon  stated  his understanding  that  the                                                                    
bill would double  the marine fuel tax, but  it would exempt                                                                    
commercial fishing boats registered  with the CFEC. He asked                                                                    
for  verification   that  benefits  from  the   $30  million                                                                    
increase  in revenue  would  not  necessarily benefit  water                                                                    
bound craft.                                                                                                                    
                                                                                                                                
Representative  Josephson  agreed  it was  the  foundational                                                                    
argument for the exemption.                                                                                                     
                                                                                                                                
Representative Edgmon  stated that it was  possible to argue                                                                    
that electric  vehicles, which were  on the rise  in Alaska,                                                                    
should  pay their  way. While  at  the same  time, he  asked                                                                    
whether  the  legislature  should  offer  an  incentive  for                                                                    
electric vehicles  similar to the exemption  offered for jet                                                                    
fuels. He recalled hearing that  an increase in jet fuel tax                                                                    
would  mean commensurate  downturn in  economic activity  in                                                                    
terms  of  the number  of  airplanes  landing in  Anchorage,                                                                    
Fairbanks, and other  airports. He wanted to  flag the issue                                                                    
for  the committee  to  think about  moving  forward on  the                                                                    
bill.                                                                                                                           
                                                                                                                                
9:33:33 AM                                                                                                                    
                                                                                                                                
Representative  Carpenter asked  who paid  the refined  fuel                                                                    
surcharge. He asked if the surcharge was paid at the pump.                                                                      
                                                                                                                                
Mr.  Grabman answered  that the  surcharge was  paid by  all                                                                    
users at the pump.                                                                                                              
                                                                                                                                
Representative  Carpenter asked  for  verification that  the                                                                    
off-road  use for  fuel was  not used  by DOT  on roads.  He                                                                    
asked if the fuel was delivered  to a facility and only used                                                                    
on that specific facility.                                                                                                      
                                                                                                                                
Mr. Grabman believed  the statement was true,  but the [off-                                                                    
road  use] fuel  could also  be purchased  at a  typical gas                                                                    
station for off-road use. For  example, a person could apply                                                                    
for an  exemption for a  lawnmower at a normal  gas station,                                                                    
but  it would  require  filling  out a  form.  He noted  the                                                                    
situation was fairly atypical.                                                                                                  
                                                                                                                                
Representative Carpenter did not  realize that when he drove                                                                    
his 4-wheeler  that he did not  have to pay the  tax because                                                                    
the vehicle was  used off-road. He noted that  his local gas                                                                    
station did  not advertise a  separate price. He  would look                                                                    
into  the  issue.  He  referred   to  the  discussion  about                                                                    
commercial  fishing,  sport  fishing, and  other  businesses                                                                    
able  to pass  a tax  onto  the customer.  He remarked  that                                                                    
commercial truck drivers hauled for  a certain cost or price                                                                    
to  the customer,  and they  would  pass the  cost onto  the                                                                    
customer.  He highlighted  that commercial  fishermen had  a                                                                    
more  difficult  time passing  the  cost  onto the  customer                                                                    
because they  did not  control the  price of  the commodity.                                                                    
For example, if there was an  increase of $100 per catch, it                                                                    
was  very difficult  for commercial  fishermen to  negotiate                                                                    
with the buyer  of the salmon to increase  their revenue. He                                                                    
remarked that the situation was  not the same for sport fish                                                                    
guides  who  could  pass  the cost  onto  the  customer.  He                                                                    
reasoned that if  the cost were too high  the customer would                                                                    
not use  the service.  He could  see why  there may  be some                                                                    
justification for the exemption.                                                                                                
                                                                                                                                
9:36:36 AM                                                                                                                    
                                                                                                                                
Representative  Thompson  asked  for verification  that  the                                                                    
marine fuel tax was currently 5 cents per gallon.                                                                               
                                                                                                                                
Representative Josephson affirmed by nodding.                                                                                   
                                                                                                                                
Representative  Thompson   remarked  that  the   bill  would                                                                    
increase  the marine  fuel from  5  cents per  gallon to  10                                                                    
cents  per  gallon.  He  observed  that  commercial  fishing                                                                    
vessels would get  a 5 cent rebate under the  bill. He asked                                                                    
for verification that commercial  fishing vessels would only                                                                    
pay 5 cents per gallon after the refund.                                                                                        
                                                                                                                                
Mr. Grabman replied affirmatively.                                                                                              
                                                                                                                                
Representative  Thompson  referenced  the  discussion  about                                                                    
saving UGF  money due to  the cost of maintaining  roads. He                                                                    
pointed  out that  ports and  harbors  maintenance cost  had                                                                    
increased since  1970. He  believed that  commercial fishing                                                                    
vessels used the  ports and harbors often, but  they did not                                                                    
have to pay for the increased maintenance costs.                                                                                
                                                                                                                                
9:38:15 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz asked  if  there was  an  analysis on  the                                                                    
impact  of the  commercial  fishermen  vessel exemption.  He                                                                    
stated his  understanding that  commercial fishermen  had to                                                                    
collect  fuel receipts  for the  year report  how much  they                                                                    
paid in  order to  get the  fuel refund.  He asked  how much                                                                    
revenue would be lost due to the exemption.                                                                                     
                                                                                                                                
Representative  Josephson believed  the amount  was no  more                                                                    
than $1.5 million.  He remarked that the  information may be                                                                    
reflected in the  fiscal note. He added that  the amount was                                                                    
somewhat indeterminate  because the department did  not know                                                                    
who would bother to turn  their receipts in. He believed the                                                                    
figure was somewhere in excess of $1 million.                                                                                   
                                                                                                                                
9:39:41 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Ortiz  communicated that  he  would  not let  an                                                                    
amendment to  remove the exemption for  commercial fishermen                                                                    
cause him  to vote against  the bill. He believed  the state                                                                    
needed  the   revenue.  However,  he   noted  Representative                                                                    
Carpenter's  point that  commercial fishermen  did not  have                                                                    
the power  to pass on  the fuel  tax cost to  purchasers. He                                                                    
added they  were talking about  slightly over $1  million in                                                                    
credit  given  back  to commercial  fishermen  to  show  the                                                                    
state's support for the industry.  He remarked that recently                                                                    
the committee  had not  batted an eye  about coming  up with                                                                    
$115  million to  continue to  pay oil  tax credits  for one                                                                    
year. He  stressed that the  state had paid over  $4 billion                                                                    
in  oil   tax  credits  as  an   exploration  incentive  for                                                                    
companies. He stated that much  time was spent talking about                                                                    
the issues, but it was not  fathomable to him that they were                                                                    
seriously   considering  the   issue   at   hand  when   the                                                                    
legislature did  not talk about  the big picture of  how the                                                                    
state was subsidizing industries.                                                                                               
                                                                                                                                
9:42:13 AM                                                                                                                    
                                                                                                                                
Representative Rasmussen remarked that  Alaska had a revenue                                                                    
problem. She  believed there was  fairly broad  support from                                                                    
Alaskans  for maintaining  roads and  highways and  building                                                                    
new roads and  highways. She was not  certain increasing the                                                                    
motor fuel  tax was  the best solution.  She was  curious to                                                                    
hear from the  involved parties how a toll road  or tolls on                                                                    
some  highways  would be  received.  She  had met  with  the                                                                    
commissioner of DOT  two years earlier and  he had mentioned                                                                    
that the  Seward Highway between Anchorage  and Girdwood saw                                                                    
about 25,000 average daily vehicles  in the summer and about                                                                    
10,000  in the  winter.  She considered  that  a $3.00  toll                                                                    
would  bring in  $2.5 million  per month  in the  summer and                                                                    
almost $1 million per month  in the winter. She thought user                                                                    
fees were appropriate for the  services. She understood that                                                                    
the  gas  tax  was  a  user fee,  but  she  felt  there  was                                                                    
disparity  between  the $87,000  in  revenue  that would  be                                                                    
generated by  electric vehicles  and $3.5  million generated                                                                    
by motor fuel vehicles. She  added that urban areas were not                                                                    
impacted at  the same  level as rural  areas with  the motor                                                                    
fuel tax increase.                                                                                                              
                                                                                                                                
Representative Josephson understood  the options existed. He                                                                    
stated that  "it sort of  corrects itself." For  example, he                                                                    
agreed that an  urban driver would pay less,  but he pointed                                                                    
out  that urban  drivers put  less pressure  on the  highway                                                                    
system. He  explained that urban drivers  caused less demand                                                                    
for maintenance  and operations. He addressed  the idea that                                                                    
the  commuter to  Wasilla  or Girdwood  would  pay more.  He                                                                    
underscored that the cost would be  in the range of $100 per                                                                    
year  [for a  commuter]. He  believed a  toll would  be more                                                                    
expensive [for users] than the  tax increase in the bill. He                                                                    
noted it was hard to  find the perfect solution. He remarked                                                                    
on available data indicating that  Mat-Su housing costs were                                                                    
lower, and its revenue would  be lower if residents were not                                                                    
commuting into  Anchorage. He believed it  was acceptable to                                                                    
move from  the cheapest  state tax  to the  seventh cheapest                                                                    
nationwide.  He  reminded  committee members  that  the  tax                                                                    
would  be over  50 cents  if it  tracked inflation.  Whereas                                                                    
under the  legislation, the tax  would be 16  cents compared                                                                    
to the  national average of  28 cents. He agreed  there were                                                                    
other  ways to  achieve the  same result,  albeit none  were                                                                    
perfect.                                                                                                                        
                                                                                                                                
9:45:40 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick noted  the meeting would go  no longer than                                                                    
10:10 a.m.                                                                                                                      
                                                                                                                                
Representative  Johnson highlighted  her  areas of  concern.                                                                    
She considered an  average commuter driving 260  days of the                                                                    
year  from Mat-Su  to Anchorage  at approximately  40 miles.                                                                    
She remarked that  the number in the example was  on the low                                                                    
end. She amended her example  to include two drivers at $200                                                                    
per  year. She  addressed the  idea of  showing support  for                                                                    
workers and  suggested including  a carve-out  for commuters                                                                    
in  addition to  commercial fishermen.  She did  not believe                                                                    
the cost would be only $100  per person. She added on all of                                                                    
the driving people did around  town as well. She shared that                                                                    
her family  had been  commuters for  34 years.  She believed                                                                    
the cost  would be closer  to $200  per person and  $400 for                                                                    
two people.  She stated that  funds would be used  for water                                                                    
and harbor facilities,  but marine use would  be carved out.                                                                    
She addressed  construction and maintenance on  highways and                                                                    
agreed it made  sense to put the funds  toward that purpose.                                                                    
She   highlighted  the   expense  of   trails  and   shelter                                                                    
construction. She  shared a concern  with the  truckers. She                                                                    
stated   that  oil   credits  were   not   germane  to   the                                                                    
conversation. She stated  that the oil tax  credits had been                                                                    
negotiated by a different group at a different time.                                                                            
                                                                                                                                
Representative  Johnson  remarked  that  the  bill  impacted                                                                    
users who were  workaday people. She stated  that the people                                                                    
in  her district  were straight-up  and willing  to pay  for                                                                    
what  they used.  She thought  it  did not  appear what  her                                                                    
constituents would  be paying for was  necessarily what they                                                                    
would be using.                                                                                                                 
                                                                                                                                
Representative  Josephson   answered  that  funds   for  the                                                                    
purchase  of the  fuel  tax by  off-road  vehicles would  be                                                                    
deposited   into    trails,   shelter    construction,   and                                                                    
maintenance. He  explained there  was a  correlation between                                                                    
the  taxes  and  the   use.  He  paraphrased  Representative                                                                    
Johnson's statement  that her  constituents were  willing to                                                                    
pay for  the cost  of doing business.  He countered  that if                                                                    
that were true  the tax would need to  be quadrupled because                                                                    
then it  would mean  Alaskans were  actually paying  for the                                                                    
maintenance and operations on highways.                                                                                         
                                                                                                                                
Representative  Johnson  stated   they  were  talking  about                                                                    
working people.  She highlighted  that the  individuals were                                                                    
also paying federal  taxes and federal money  was also going                                                                    
into roads.  She remarked  that if  they were  talking about                                                                    
motorized trails  that was  one thing.  She did  not support                                                                    
carving out  groups. She  was strongly  opposed to  the bill                                                                    
concept and believed it targeted working people.                                                                                
                                                                                                                                
9:50:17 AM                                                                                                                    
                                                                                                                                
Representative   Josephson   replied   that   no   one   was                                                                    
questioning that people were working.                                                                                           
                                                                                                                                
Representative Carpenter did  not know who put  as little as                                                                    
9,000 miles  per year on  their vehicle. He shared  that his                                                                    
family  drove  20 or  30  minutes  to  get  to town  to  buy                                                                    
groceries. He  reasoned that with  daily trips  far exceeded                                                                    
10,000  miles  per year.  He  stated  that with  two  family                                                                    
members 9,000  miles was very  easy to do. He  stressed that                                                                    
the  legislature had  a  constitutional  requirement to  not                                                                    
dedicate  funds. He  remarked  that the  bill would  collect                                                                    
taxes and  put them  into a fund  with the  expectation that                                                                    
the money  would be  used for a  specific purpose.  He noted                                                                    
that  while  the  current legislature  could  agree  to  the                                                                    
proposal, the  next legislature may  choose to  do something                                                                    
different because the constitution had  been set up to avoid                                                                    
dedicated  funds. He  thought it  was necessary  to be  very                                                                    
clear to  the public that  how the incoming tax  revenue was                                                                    
used would  be decided  annually. He underscored  that funds                                                                    
could  not  be  dedicated   to  any  particular  operations,                                                                    
maintenance, buildings, or structures and trails.                                                                               
                                                                                                                                
Representative LeBon thought it was  necessary to ask how to                                                                    
pay for roads in Alaska. He  provided examples such as a tax                                                                    
or reducing the  Permanent Fund Dividend. He asked  if the 5                                                                    
cents  from  commercial  fuel sales  to  commercial  fishing                                                                    
vessels go toward harbor maintenance.  He asked to hear from                                                                    
DOT.                                                                                                                            
                                                                                                                                
9:53:00 AM                                                                                                                    
                                                                                                                                
ANDY    MILLS,    LEGISLATIVE   LIAISON,    DEPARTMENT    OF                                                                    
TRANSPORTATION AND  PUBLIC FACILITIES  (via teleconference),                                                                    
replied  that Ben  White, the  appropriate person  to answer                                                                    
the question,  was out on  emergency leave. He  deferred the                                                                    
question to a colleague.                                                                                                        
                                                                                                                                
DOM  PANNONE, ADMINISTRATIVE  SERVICES DIRECTOR,  DEPARTMENT                                                                    
OF   TRANSPORTATION  AND   PUBLIC   FACILITIES,  OFFICE   OF                                                                    
MANAGEMENT  AND   BUDGET,  OFFICE   OF  THE   GOVERNOR  (via                                                                    
teleconference),   answered   there  were   three   separate                                                                    
accounts that tax  receipts went into. He  detailed that DOT                                                                    
received funds  for fuels used  on the highways. He  did not                                                                    
have  any  information on  the  water  fuel tax  and  harbor                                                                    
facilities.                                                                                                                     
                                                                                                                                
Representative  Edgmon remarked  that kicking  and screaming                                                                    
legislators were  being drawn into  a conversation  they had                                                                    
been avoiding  for years. He thought  the conversation would                                                                    
intensify  in the  coming years.  He highlighted  that taxes                                                                    
were imperfect in  terms of how they impact  user groups and                                                                    
people.  He pointed  out that  someone was  treated unfairly                                                                    
and there were claims that  others were not taxed enough. He                                                                    
highlighted  that   throughout  all  of   the  legislature's                                                                    
discussion on taxes,  one of the core arguments  in terms of                                                                    
broad-based taxes was  on the cost of  administering the tax                                                                    
(e.g., sales tax,  income tax, and the  payroll tax proposed                                                                    
by former  Governor Bill Walker). He  believed the advantage                                                                    
of  the  motor fuel  tax  was  that its  administration  was                                                                    
fairly harmless. He did not  believe it was anything akin to                                                                    
sales  or income  tax  that would  require  hundreds of  new                                                                    
state employees.                                                                                                                
                                                                                                                                
Representative  Josephson agreed  and remarked  that it  was                                                                    
reflected in the fiscal notes.                                                                                                  
                                                                                                                                
Representative Wool  referenced the  $130 million  price tag                                                                    
on road  maintenance. He asked about  the maintenance number                                                                    
on ports and harbors.                                                                                                           
                                                                                                                                
9:56:05 AM                                                                                                                    
                                                                                                                                
Representative Josephson deferred the question to DOT.                                                                          
                                                                                                                                
Mr.  Pannone replied  that DOT  had a  harbor grant  program                                                                    
that  was funded  annually. The  department would  follow up                                                                    
with the answer.                                                                                                                
                                                                                                                                
Representative Wool  asked what percentage  of CFEC-licensed                                                                    
vessels were owned by out-of-state fishermen.                                                                                   
                                                                                                                                
Representative Josephson replied that he did not know.                                                                          
                                                                                                                                
Representative  Wool remarked  he  had heard  that about  30                                                                    
percent  [of the  vessels] were  from out-of-state  and they                                                                    
accounted  for about  50 percent  of the  catch because  the                                                                    
boats tended  to be large and  likely bought a lot  of fuel.                                                                    
He  remarked  on the  discussion  that  fishermen could  not                                                                    
control the  price of  fish they  sell. He  highlighted that                                                                    
miners  could  not  control  the price  of  gold  they  sold                                                                    
either.   He  added   that  the   mining  industry   paid  a                                                                    
significant amount  for electricity, which the  industry had                                                                    
no control  over. He  stated that  the price  of oil  at the                                                                    
pump  fluctuated  frequently.  He   thought  the  price  had                                                                    
fluctuated by 70  or 80 cents in the past  couple of months.                                                                    
He asked if  there had been any impacts of  the 10 cent fuel                                                                    
tax in Anchorage.  He asked whether Anchorage had  come to a                                                                    
screeching halt or if people were upset about the tax.                                                                          
                                                                                                                                
Representative   Josephson   believed   the   question   was                                                                    
rhetorical.  He replied  in the  negative. He  reported that                                                                    
COVID-19  had slowed  Anchorage,  but he  could not  imagine                                                                    
what Representative Wool suggested was true.                                                                                    
                                                                                                                                
Representative   Wool  referenced   Representative  Edgmon's                                                                    
comments   about  tax   and   fairness  and   Representative                                                                    
Johnson's question  about driving and roads.  He shared that                                                                    
he drove  often in Fairbanks  and driving 100 miles  per day                                                                    
was not  uncommon. He  believed all  consumers would  pay at                                                                    
some point.  He thought that  when considering the  issue of                                                                    
fairness, it  would be necessary  to look at other  taxes on                                                                    
industries like fishing and mining  in addition to the motor                                                                    
fuel taxes. He  reasoned that the one  lever the legislature                                                                    
had control  over was a  tax that  was already in  place. He                                                                    
pointed out that  Alaska's motor fuel tax was  the lowest in                                                                    
the  nation  and he  reasoned  that  increasing it  slightly                                                                    
would  not break  the bank.  He stated  that the  proposed 8                                                                    
cent  increase was  certainly less  than  the variation  [in                                                                    
price] in  a given  week or month.  He understood  the state                                                                    
needed revenue. He noted the  earlier mention on the idea of                                                                    
toll roads, but  there were not many existing  toll roads in                                                                    
Alaska apart from the road  to Whittier. He thought the bill                                                                    
seemed like an easy method.  He reiterated his opposition to                                                                    
any  exemptions  and believed  all  consumers  could pay  16                                                                    
cents. He  stated that  the increase  would bring  in needed                                                                    
revenue, whether it  was used on roads,  ports, or airports.                                                                    
He understood  there was a  federal restriction  on aviation                                                                    
tax.  He supported  the  tax increase  but  did not  support                                                                    
exemptions.                                                                                                                     
                                                                                                                                
10:00:42 AM                                                                                                                   
                                                                                                                                
Representative Josephson agreed that  the bill did not touch                                                                    
aviation  taxes. He  detailed there  was belief  that Alaska                                                                    
was so  prominent and successful  in the  area, particularly                                                                    
at the Anchorage  airport (due to Asia  and Europe traffic),                                                                    
the  state did  not  want  to confound  or  trouble the  air                                                                    
traffic in any way.  He referred to Representative Johnson's                                                                    
mention of  federal funds. He stated  his understanding that                                                                    
the  state   could  not  use  federal   dollars  on  highway                                                                    
maintenance and operations in the  specific component of the                                                                    
budget.  He referenced  remarks by  Representative Carpenter                                                                    
and  stated it  was true  that  the tax  would not  go to  a                                                                    
dedicated  fund; however,  there were  scores of  designated                                                                    
funds.  He  noted   there  was  an  element   of  trust  the                                                                    
legislature and  the public expected.  He explained  that it                                                                    
was the reason there had  not been legislative support for a                                                                    
proposal by  the Department  of Law to  spend $4  million in                                                                    
higher   education  funding   on   prosecutor  housing   and                                                                    
recruitment. He  stated that the legislature  tried mightily                                                                    
to honor  the purpose  of the designated  funds, but  it was                                                                    
true  that  what  would happen  year-to-year  could  not  be                                                                    
guaranteed.                                                                                                                     
                                                                                                                                
Vice-Chair  Ortiz  clarified that  the  cost  for ports  and                                                                    
harbors   was   largely    the   responsibility   of   local                                                                    
municipalities.  He noted  that the  state's portion  of the                                                                    
cost  was  not substantial.  He  added  that fishermen  paid                                                                    
moorage fees that went into ports and harbors.                                                                                  
                                                                                                                                
Co-Chair Merrick  apologized to the invited  testifiers that                                                                    
the committee  had run  out of time.  She looked  forward to                                                                    
hearing from testifiers at a future hearing on the bill.                                                                        
                                                                                                                                
HB  104  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 104 FAQs - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Sponsor Statement - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Sectional Analysis - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Supporting Document - APDC Support Letter - 3.29.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Supporting Document - Fall 2020 RSB Non Petroleum Revenue - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Supporting Document - Gamez OpEd ADN - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Supporting Document - LFD Motor Fuel Tax Receipts 2018-2022 - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Supporting Document - PWSRCAC Support Letter - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Supporting Document - State Motor Fuel Tax Rates, Federation of Tax Administrators - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Supporting Document - UFA Support Letter - 3.24.2021.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB104 Presentation HFin 7May2021.pptx HFIN 5/7/2021 9:00:00 AM
HB 104
HB104 Support Letter AGC.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB104 Support Letter Fairbanks Chamber.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB104 Support Letter HDR.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Public Testimony by 050721.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB104 ATA Comments 3-16-21.pdf HFIN 5/7/2021 9:00:00 AM
HB 104
HB 104 Responses to HFin Questions 7May2021 Josephson.pdf HFIN 5/7/2021 9:00:00 AM
HB 104