Legislature(2021 - 2022)ADAMS 519

04/27/2022 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 283 APPROP: CAP; REAPPROP; SUPP TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 413 FACILITIES CONSTITUTING A SCHOOL TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 350 SCHOOL BOND DEBT REIMBURSEMENT TELECONFERENCED
Heard & Held
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 27, 2022                                                                                            
                         1:40 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:40:14 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the  House Finance Committee meeting                                                                    
to order at 1:40 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Bryce Edgmon                                                                                                     
Representative DeLena Johnson                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative Harriet  Drummond, Co-Chair,  House Education                                                                    
Committee; Andrew  Leavitt, Director of Budget  and Finance,                                                                    
Lower Yukon School District.                                                                                                    
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Gene Stone,  Chief School Administrator, Lower  Yukon School                                                                    
District;   Elwin   Blackwell,   School   Finance   Manager,                                                                    
Department  of Education  and  Early  Development; Dr.  Lisa                                                                    
Parady,  Executive   Director,  Alaska  Council   of  School                                                                    
Administrators; Nils Andreassen,  Executive Director, Alaska                                                                    
Municipal League; Peter  Hoepfner, President, Association of                                                                    
Alaska School  Boards; Jim Anderson, Chief  Finance Officer,                                                                    
Anchorage School District.                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 350    SCHOOL BOND DEBT REIMBURSEMENT                                                                                        
                                                                                                                                
          HB 350 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 413    FACILITIES CONSTITUTING A SCHOOL                                                                                      
                                                                                                                                
          HB 413 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
Co-Chair Merrick reviewed the agenda for the day.                                                                               
                                                                                                                                
HOUSE BILL NO. 413                                                                                                            
                                                                                                                                
     "An Act  relating to facilities constituting  a school;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
1:40:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIET  DRUMMOND, CO-CHAIR,  HOUSE EDUCATION                                                                    
COMMITTEE,   indicated   the   House   Education   Committee                                                                    
introduced  HB  413.  She  read a  portion  of  the  sponsor                                                                    
statement (copy on file):                                                                                                       
                                                                                                                                
     House Bill 413  seeks to remedy a  technical problem in                                                                    
     the  education funding  formula which  is occurring  in                                                                    
     Hooper Bay  and affects  the entire Lower  Yukon School                                                                    
     District.  The problem  occurs when  a district  with a                                                                    
     single  school  with more  than  425  students opens  a                                                                    
     charter school, which Hooper Bay recently did.                                                                             
                                                                                                                                
     Under current law, the existence  of the charter school                                                                    
     implies  that there  is no  longer  "only one  facility                                                                    
     administered as  a school." Consequently,  the district                                                                    
     must calculate  the adjusted ADM  in the  public school                                                                    
     with a lower  school size factor. As  a result, opening                                                                    
     a  charter  school in  such  a  district comes  with  a                                                                    
     financial penalty of about $1 million per year.                                                                            
                                                                                                                                
     HB  413 adds  three words  to existing  law: "excluding                                                                    
     charter schools." These three  words allow the district                                                                    
     to   restore   its   full  funding   and   remove   the                                                                    
     disincentive a  school board  faces when  considering a                                                                    
     charter school application.                                                                                                
                                                                                                                                
     While one  might see  the fiscal note  as a  $1 million                                                                    
     per  year  funding increase,  this  is  really not  the                                                                    
     case,  because  this  bill  would  simply  restore  the                                                                    
     previous level of funding to the district.                                                                                 
                                                                                                                                
     The   House   Education  Committee   supports   charter                                                                    
     schools,  and Hooper  Bay, and  the Lower  Yukon School                                                                    
     District  and requests  your support  in removing  this                                                                    
     barrier  to  ensure  they  are  available  to  students                                                                    
     across the state.                                                                                                          
                                                                                                                                
Representative Drummond indicated there were a number of                                                                        
invited testifiers.                                                                                                             
                                                                                                                                
1:43:30 PM                                                                                                                    
                                                                                                                                
GENE STONE, CHIEF SCHOOL ADMINISTRATOR, LOWER YUKON SCHOOL                                                                      
DISTRICT (via teleconference), read a prepared statement:                                                                       
                                                                                                                                
     On behalf  of the  Lower Yukon School  District (LYSD),                                                                    
     allow me to express  our appreciation for scheduling HB
     413.                                                                                                                       
                                                                                                                                
     The Lower Yukon  School District is in  full support of                                                                    
     HB  413.  HB  413  will remedy  a  funding  issue  that                                                                    
     unfairly penalizes the Lower  Yukon School District for                                                                    
     opening a charter school in Hooper Bay.                                                                                    
                                                                                                                                
     The  penalty within  the statute  for adding  a charter                                                                    
     school in  Hooper Bay resulted  in an  annual reduction                                                                    
     in funding  of $1,033,000  for FY 2021,  and $1,021,000                                                                    
     for FY  2022. Until  this funding penalty  is remedied,                                                                    
    LYSD will lose approximately $1 million each year.                                                                          
                                                                                                                                
     The   district   operates  two   separate   educational                                                                    
     programs in the Hooper  Bay School; the conventional K-                                                                    
     12  school  a  4th - 8th   grade  charter  school  that                                                                    
     features  a culturally  relevant, place-based  learning                                                                    
     curriculum for  its students. Additionally,  the school                                                                    
     has a  K-3 Yupik Immersion  program but is not  part of                                                                    
     the  charter  school  and  functions  as  part  of  the                                                                    
     conventional school as a special program.                                                                                  
                                                                                                                                
     Some may  argue that HB  413 has  a fiscal note  to the                                                                    
     State of Alaska of $1 million annually.                                                                                    
                                                                                                                                
     LYSD sees the opposite; to  date our loss of foundation                                                                    
     funding has resulted in fiscal  surplus to the state of                                                                    
     $2 million dollars for FY 21 and FY 22.                                                                                    
                                                                                                                                
     As  a result  of  the Hooper  Bay  Charter School,  our                                                                    
     district has same  number of students -  the exact same                                                                    
     students- inside  of the same school  building- and yet                                                                    
     we realize  a funding  penalty of  over $1  million per                                                                    
     year.                                                                                                                      
                                                                                                                                
     By adding  the three words "excluding  charter schools"                                                                    
     to   AS 14.17.905,  the   annual  funding   penalty  is                                                                    
     remedied and  it becomes feasible to  fund Hooper Bay's                                                                    
     Charter  School.  As  it stands  now,  the  statute  is                                                                    
     punitive and this unintended  $1 million annual funding                                                                    
     penalty   impacts  our   entire  school   district  and                                                                    
     effectively  jeopardizes  rural   Alaskans'  access  to                                                                    
     school choice.                                                                                                             
                                                                                                                                
     HB 413  would remedy  this funding problem  and support                                                                    
     charter   school  equity   for   rural  Alaska   school                                                                    
     districts.                                                                                                                 
                                                                                                                                
     Thank   you   for   sponsoring  and   scheduling   this                                                                    
     legislation, thank you for  your time and consideration                                                                    
     and I'm open for any questions.                                                                                            
                                                                                                                                
1:46:37 PM                                                                                                                    
                                                                                                                                
Co-Chair Merrick  reported that Representative  Thompson had                                                                    
joined the meeting.                                                                                                             
                                                                                                                                
ANDREW LEAVITT, DIRECTOR OF BUDGET  AND FINANCE, LOWER YUKON                                                                    
SCHOOL DISTRICT,  did not have  any extra testimony  but was                                                                    
available for questions.                                                                                                        
                                                                                                                                
Vice-Chair Ortiz  asked what in the  base student allocation                                                                    
(BSA)  funding  formula  caused  the  unique  situation.  He                                                                    
wondered if any other schools  would be impacted if the bill                                                                    
were to pass.                                                                                                                   
                                                                                                                                
Mr.  Leavitt responded  that when  a school's  average daily                                                                    
membership (ADM)  was below 425  students, the  school would                                                                    
receive two  adjustments. If ADM  was 426, the  school would                                                                    
receive  one  adjustment.  One  of  the  adjustments  was  a                                                                    
penalty  of  about one  million  dollars.  When the  charter                                                                    
school  opened  in  Hooper  Bay two  years  prior,  the  ADM                                                                    
exceeded 425  which meant that the  original school received                                                                    
only one  adjustment. He explained  that Hooper Bay  was the                                                                    
only  community  with  an applicable  population  level  and                                                                    
other communities were not affected.                                                                                            
                                                                                                                                
Vice-Chair Ortiz  asked if the  term "school" referred  to a                                                                    
building or a name.                                                                                                             
                                                                                                                                
Mr.  Leavitt   replied  that  the   term  referred   to  the                                                                    
administration of the school. The  term did not refer to the                                                                    
actual  school building.  Even if  two  schools were  housed                                                                    
within the  same building, the  two schools  were considered                                                                    
separate for funding purposes.                                                                                                  
                                                                                                                                
1:50:35 PM                                                                                                                    
                                                                                                                                
Representative Wool  was trying to understand  how a charter                                                                    
school  that was  within another  school  building could  be                                                                    
considered  a  separate school.  He  wondered  if there  was                                                                    
another   funding   mechanism   that  would   maintain   the                                                                    
functionality without losing funding.                                                                                           
                                                                                                                                
Mr. Leavitt  had attempted  to find  other options  to solve                                                                    
the  issue.  However,  the  only  viable  options  were  too                                                                    
complicated.  If  the charter  school  was  closed it  would                                                                    
solve the  problem, but  the charter  school would  lose its                                                                    
independence.                                                                                                                   
                                                                                                                                
Representative  Wool  asked  if  the charter  school  had  a                                                                    
separate   principal   and   educational   methodology.   He                                                                    
suggested that it was a distinctively different school.                                                                         
                                                                                                                                
Mr.  Leavitt agreed  that the  charter school  was separate.                                                                    
The charter school  was for fourth to  eighth grade students                                                                    
and  the educational  methodology was  more place-based  and                                                                    
experiential. A  fourth-grade student  could decide  if they                                                                    
would like  to go to  the traditional school or  the charter                                                                    
school.                                                                                                                         
                                                                                                                                
Representative LeBon  asked if the charter  school paid rent                                                                    
when it was embedded within a traditional school building.                                                                      
                                                                                                                                
Mr. Leavitt  responded that it  was not charged with  a rent                                                                    
or facility charge. According to  state law, charter schools                                                                    
were  allowed   to  obtain  space  within   existing  school                                                                    
facilities. However, the charter  school was responsible for                                                                    
its own janitorial services.                                                                                                    
                                                                                                                                
Representative   LeBon   suggested  the   charter   school's                                                                    
operating  costs  would  not subtract  from  the  district's                                                                    
financial overhead.                                                                                                             
                                                                                                                                
Mr. Leavitt responded that he was correct.                                                                                      
                                                                                                                                
1:54:31 PM                                                                                                                    
                                                                                                                                
Representative Carpenter  asked what the charter  school was                                                                    
offering that the Hooper Bay School was not.                                                                                    
                                                                                                                                
Mr. Leavitt deferred to Mr. Stone.                                                                                              
                                                                                                                                
1:55:34 PM                                                                                                                    
                                                                                                                                
Mr.  Stone responded  that he  would  not describe  it as  a                                                                    
division  of  schools, but  as  a  school choice.  Community                                                                    
members   and   families   wanted   to   preserve   cultural                                                                    
experiences and  language and incorporate the  elements into                                                                    
a school setting  for children. Some people  in rural Alaska                                                                    
wanted  their  children   to  have  traditional  educational                                                                    
experiences, some preferred  the experiential charter school                                                                    
option,  and  others  wanted  to   send  their  children  to                                                                    
boarding   schools   or   enroll  them   in   correspondence                                                                    
education.  He thought  the choice  was  driven by  cultural                                                                    
preservation and values.                                                                                                        
                                                                                                                                
Representative Carpenter  asked when  the charter  school in                                                                    
Hooper Bay opened.                                                                                                              
                                                                                                                                
Mr.  Stone replied  that  there  was an  attempt  to open  a                                                                    
charter school  in 2014  but it took  some time  to organize                                                                    
it. The  school was  approved by the  Board of  Education in                                                                    
2020.                                                                                                                           
                                                                                                                                
Representative Carpenter explained that  he thought it was a                                                                    
division because the total number  of students in Hooper Bay                                                                    
was a  combination of  the ADM of  both schools.  He thought                                                                    
the  administration could  have  acted  to incorporate  more                                                                    
cultural experiences into the  traditional school instead of                                                                    
opening  a   charter  school.  He   thought  there   was  an                                                                    
administrative  solution  and  if   the  need  for  cultural                                                                    
enrichment and language had been  addressed, there would not                                                                    
be the need for a charter school.                                                                                               
                                                                                                                                
Mr.  Stone   wondered  if  Representative   Carpenter  would                                                                    
perceive  all  charter  schools  in  the  same  manner.  The                                                                    
administration    already   provided    bilingual   programs                                                                    
throughout  the district.  There was  a segment  of families                                                                    
that wanted a  choice for their children and  an emphasis on                                                                    
place-based education.                                                                                                          
                                                                                                                                
2:01:24 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter responded  that  his question  was                                                                    
meant to be  technical in nature. He wondered  if there were                                                                    
administrative  options  to  address cultural  and  language                                                                    
deficiencies.  There  were many  parents  in  the state  who                                                                    
found  public schools  to be  lacking and  decided to  place                                                                    
their  children in  alternative  education.  He thought  the                                                                    
problem was systemic in nature.                                                                                                 
                                                                                                                                
Mr. Stone  replied that the  Hooper Bay school  had enhanced                                                                    
its cultural offerings.  He explained that it  was simple to                                                                    
infuse  charter  schools   with  grant  opportunities.  Some                                                                    
people  simply wanted  a locally  controlled  school in  the                                                                    
form of a  charter school. An additional  benefit of charter                                                                    
schools  was offering  some relief  in terms  of overcrowded                                                                    
public  schools. The  ability to  offer choice  in schooling                                                                    
was provided through statute.                                                                                                   
                                                                                                                                
Representative   Carpenter   assumed  the   charter   school                                                                    
students  received a  comparable  education  to the  public-                                                                    
school students.  He wondered if  it had been  considered to                                                                    
convert the entire Hooper Bay school into a charter school.                                                                     
                                                                                                                                
Mr.  Stone  relayed that  a  charter  school handled  fourth                                                                    
through  eighth grade  and the  modeling to  expand had  not                                                                    
happened.  He noted  there was  an option  to explore  trade                                                                    
school education  for some high school  students. He thought                                                                    
needs were being  addressed but that it was not  a "one size                                                                    
fits all" model.                                                                                                                
                                                                                                                                
Representative Carpenter  thought there was a  solution, and                                                                    
the bill was a band-aid.                                                                                                        
                                                                                                                                
Vice-Chair  Ortiz  commented  that  he had  been  a  charter                                                                    
school principal in the past  and had some experience in the                                                                    
matter.  The charter school  at which he worked occupied one                                                                    
building in conjunction with another  charter school. He was                                                                    
aware  of   the  enrollment  requirements  to   qualify  for                                                                    
funding. He  asked why Hooper  Bay was not allowed  to exist                                                                    
within the current BSA formula at the ideal funding level.                                                                      
                                                                                                                                
Mr. Leavitt responded that the  situation was unique because                                                                    
the  school  was a  single  site  that offered  kindergarten                                                                    
through  twelfth   grade.  There   typically  would   be  an                                                                    
adjustment  based  on the  population  of  the school.  When                                                                    
there  were two  schools under  the same  roof, the  charter                                                                    
school would  receive funding, but the  regular school would                                                                    
not. The problem only occurred  when there was one community                                                                    
with one school  that spanned all grade levels  over the ADM                                                                    
cap of 425.                                                                                                                     
                                                                                                                                
Representative  Edgmon asked  for clarification  on the  ADM                                                                    
composition.                                                                                                                    
                                                                                                                                
Mr. Leavitt reiterated that the ADM was 425.                                                                                    
                                                                                                                                
Representative Edmon asked how  many students were in Hooper                                                                    
Bay.                                                                                                                            
                                                                                                                                
Mr.  Leavitt  responded  that  Hooper  Bay  had  around  480                                                                    
students in total.                                                                                                              
                                                                                                                                
Representative Edgmon indicated  Dillingham had 420 students                                                                    
within  the community  of about  2,400  people. He  wondered                                                                    
what the impact of the bill might be in Dillingham.                                                                             
                                                                                                                                
2:12:35 PM                                                                                                                    
                                                                                                                                
Mr.  Stone responded  that depending  on  the grade  levels,                                                                    
elementary classrooms were averaging  around 23 students per                                                                    
classroom, middle  school was averaging around  24, and high                                                                    
school was averaging around 20.  The charter school averaged                                                                    
around  15 students  per classroom.  The classroom  size was                                                                    
not necessarily the issue.                                                                                                      
                                                                                                                                
Representative  Edgmon  spoke in  support  of  the bill.  He                                                                    
suggested doing  a full forensic  analysis of  other charter                                                                    
schools in the state.                                                                                                           
                                                                                                                                
Representative Wool  understood that a  strange idiosyncrasy                                                                    
with the  BSA was the reason  for the bill. He  thought that                                                                    
the average  numbers of students per  classroom mentioned by                                                                    
Mr. Stone were  better than his children  had experienced in                                                                    
Fairbanks.  He  asked if  the  BSA  for the  charter  school                                                                    
supported the school. He wondered  if the charter school was                                                                    
treated as financially separate from the public school.                                                                         
                                                                                                                                
Co-Chair Merrick called on Mr. Elwin Blackwell to respond.                                                                      
                                                                                                                                
2:16:51 PM                                                                                                                    
                                                                                                                                
ELWIN  BLACKWELL,  SCHOOL  FINANCE  MANAGER,  DEPARTMENT  OF                                                                    
EDUCATION  AND   EARLY  DEVELOPMENT   (via  teleconference),                                                                    
responded  that all  funding generated  by a  charter school                                                                    
had   to  be   given   to  the   charter   school  for   its                                                                    
administration and funding. There  could be some monies that                                                                    
could  be  retained  by  the  school  district  through  the                                                                    
agreement  between  the  school  district  and  the  charter                                                                    
school. Any retained money would  have to be allowed as part                                                                    
of the charter school  agreement with the district. Although                                                                    
the charter school generated  funding through the foundation                                                                    
funding  formula,  all funding  had  to  go to  the  charter                                                                    
school to fund the program.                                                                                                     
                                                                                                                                
Representative Wool  thought half  of his question  had been                                                                    
answered. He wondered  if there was relief  available if the                                                                    
charter   school   was   short   on   funds,   or   if   the                                                                    
insufficiencies  were  solely   the  responsibility  of  the                                                                    
charter school.                                                                                                                 
                                                                                                                                
Mr. Blackwell did  not know the answer. He  assumed it would                                                                    
be up to the charter school  and the school district to make                                                                    
a determination.                                                                                                                
                                                                                                                                
2:19:29 PM                                                                                                                    
                                                                                                                                
Representative  Josephson asked  if the  charter school  had                                                                    
been short a million dollars in FY 21 and FY 22.                                                                                
                                                                                                                                
Mr. Leavitt responded in the affirmative.                                                                                       
                                                                                                                                
Representative Josephson  asked for the total  grant funding                                                                    
amount.                                                                                                                         
                                                                                                                                
Mr.  Leavitt  thought  the  total   state  funding  was  $55                                                                    
million.                                                                                                                        
                                                                                                                                
Representative  Josephson suggested  that the  district lost                                                                    
two to three percent of its funding.                                                                                            
                                                                                                                                
Mr. Leavitt responded  that he was correct.  There were many                                                                    
teacher cuts and reserves were starting to be depleted.                                                                         
                                                                                                                                
Representative  Josephson thought  that  new  staff and  new                                                                    
supplies were needed but not received.                                                                                          
                                                                                                                                
Co-Chair Foster thought  it was imperative to  pass the bill                                                                    
and he would  be supporting it. He thanked  the bill sponsor                                                                    
for  bringing the  legislation  forward.  He reiterated  the                                                                    
substantial cut  to the school  district. He asked  how many                                                                    
schools were in the district  that experienced a $55 million                                                                    
cut in funding.                                                                                                                 
                                                                                                                                
Mr. Leavitt  replied there were  ten schools in  addition to                                                                    
the charter school and the career academy.                                                                                      
                                                                                                                                
Representative  Carpenter wanted  to  support  the bill.  He                                                                    
thought  charter  schools  were  an important  part  of  the                                                                    
school system.                                                                                                                  
                                                                                                                                
2:23:38 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
Co-Chair  Foster  asked  Mr. Blackwell  to  review  the  two                                                                    
fiscal notes.                                                                                                                   
                                                                                                                                
Mr.  Blackwell  discussed  the zero  fiscal  note  from  the                                                                    
Department of  Education and Early Development  with control                                                                    
code  rDdlo.   He  explained  that   it  was   provided  for                                                                    
explanatory purposes  only and would  incur no costs  to the                                                                    
state.  He moved  to  discuss the  second  fiscal note  from                                                                    
Department  of  Education  and   Early  Development  with  a                                                                    
control  code of  KaqET. He  explained the  note represented                                                                    
the capitalization of the public  education fund. The fiscal                                                                    
note was based on FY 23  projected numbers and would incur a                                                                    
cost of  $1.87 million  to fund  the bill.  He was  happy to                                                                    
answer questions on the fiscal notes.                                                                                           
                                                                                                                                
2:26:12 PM                                                                                                                    
                                                                                                                                
Representative Rasmussen  wanted to verify that  the funding                                                                    
described by  the second fiscal  note would not  be affected                                                                    
by the reverse sweep.                                                                                                           
                                                                                                                                
Mr. Blackwell understood that the  general fund deposit into                                                                    
the  education  fund  was  not   sweep-able.  If  money  was                                                                    
deposited into the education fund, it would remain there.                                                                       
                                                                                                                                
2:27:06 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter  had  a question  for  Legislative                                                                    
Legal Services.                                                                                                                 
                                                                                                                                
Co-Chair  Foster responded  that Legislative  Legal Services                                                                    
was not online.                                                                                                                 
                                                                                                                                
Representative Carpenter asked if  an alternative school was                                                                    
synonymous with a charter school as according to statute.                                                                       
                                                                                                                                
Co-Chair  Foster noted  the question  for Legislative  Legal                                                                    
Services.                                                                                                                       
                                                                                                                                
Co-Chair  Foster set  the bill  aside.  Amendments were  due                                                                    
Monday, May 2, 2022, by noon.                                                                                                   
                                                                                                                                
HB  413  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
#hb350                                                                                                                        
HOUSE BILL NO. 350                                                                                                            
                                                                                                                                
     "An  Act relating  to school  bond debt  reimbursement;                                                                    
     and providing for an effective date."                                                                                      
                                                                                                                                
2:28:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HARRIET  DRUMMOND, CO-CHAIR,  HOUSE EDUCATION                                                                    
COMMITTEE, read the sponsor statement (copy on file):                                                                           
                                                                                                                                
     As a result  of the passage of Senate Bill  64 in April                                                                    
     2015,  the  state  of Alaska  stopped  reimbursing  new                                                                    
     school bond  debt that could  have been put  before the                                                                    
     voters  of at  least 21  school districts,  because the                                                                    
     state  was suffering  serious  revenue shortfalls.  The                                                                    
     state  has, however,  continued  to pay  down the  debt                                                                    
     from school  bonds passed prior  to 2015. SB  64 passed                                                                    
     just a few days  before Anchorage's spring election day                                                                    
     with  a  retroactive  date  of  January  1,  2015.  So,                                                                    
     starting  in the  spring of  2015, Anchorage  taxpayers                                                                    
     have been  paying more for  new school  bonds presented                                                                    
     to the voters  than they would have  had the moratorium                                                                    
     not been  set by  the legislature.  And in  2020, since                                                                    
     the state  was still having serious  revenue issues, HB
     106 extended the moratorium to 2025.                                                                                       
                                                                                                                                
     School  bonds   are  critically  important   to  school                                                                    
     districts,  to   build  new  schools  and   keep  older                                                                    
     facilities  running.   Bonds  pay  for  a   variety  of                                                                    
     construction  and  maintenance  projects, such  as  new                                                                    
     boilers, roof replacements,  security improvements, and                                                                    
     more. School  districts spend  a substantial  amount on                                                                    
     regular maintenance  out of their operating  budgets to                                                                    
     keep their buildings in good  repair and their students                                                                    
     and staff in  safe and healthy schools.  But as schools                                                                    
     age, and thousands  of kids and staff troop  in and out                                                                    
     of  them every  day, things  wear  out and  day to  day                                                                    
     maintenance just can't cover  the needs adequately, and                                                                    
     so   districts   have   to  bring   forward   carefully                                                                    
     considered bond issues,  developed in consultation with                                                                    
     their school  communities as well  as with  their local                                                                    
     governments.                                                                                                               
                                                                                                                                
     Currently  the school  bond debt  moratorium is  set to                                                                    
     end July  1, 2025. HB 350  would change that to  end on                                                                    
     July 1,  2022, and  school districts could  again count                                                                    
     on  help from  the state  to help  pay for  school bond                                                                    
     debt and save their taxpayers money.                                                                                       
                                                                                                                                
     The 2015  legislation also decreased the  rate that the                                                                    
     state  reimbursed  communities  to  40  percent  or  50                                                                    
     percent,  depending on  whether the  bonds covered  new                                                                    
     construction  or major  maintenance.  HB  350 seeks  to                                                                    
     increase the reimbursable school  bond debt back to the                                                                    
     original 60 percent or 70 percent from the state.                                                                          
                                                                                                                                
     Alaska  taxpayers and  school districts  can no  longer                                                                    
     afford to pay the  full price for essential maintenance                                                                    
     and construction of public schools  in our state. There                                                                    
     are  over 500  school  facilities among  the 54  school                                                                    
     districts  in  our  state, and  they  all  suffer  from                                                                    
     similar  maintenance  issues,  and   some  need  to  be                                                                    
     replaced  with new  schools as  some older  schools are                                                                    
     simply uneconomic to keep repairing.                                                                                       
                                                                                                                                
     The  Institute of  Social and  Economic Research  at UA                                                                    
     studied this issue  in 2021. They found  that Alaska is                                                                    
     underfunding  school maintenance  and school  districts                                                                    
     are falling  behind big time in  addressing maintenance                                                                    
     problems. ISER noted that  since the moratorium started                                                                    
     in  2015, only  Anchorage and  the North  Slope Borough                                                                    
     have approved new school bonds.                                                                                            
                                                                                                                                
     The Legislature  is mandated to spend  a certain amount                                                                    
     of funding  on rural schools in  communities that don't                                                                    
     have taxing authority, so  those schools are guaranteed                                                                    
     a    certain   minimum    amount   of    funding.   But                                                                    
     municipalities don't  have that  kind of  guarantee and                                                                    
     so are falling behind.                                                                                                     
                                                                                                                                
     I urge  your support of  this legislation and  ask that                                                                    
     you please  reach out to  my office with  any questions                                                                    
     or concerns.                                                                                                               
                                                                                                                                
2:38:11 PM                                                                                                                    
                                                                                                                                
Representative  Josephson asked  if  the  outlay was  larger                                                                    
than $60 million  to $80 million annually prior  to the 2014                                                                    
recession.                                                                                                                      
                                                                                                                                
Representative Drummond  did not bring the  history with her                                                                    
but  would bring  it to  the next  bill hearing.  The demand                                                                    
existed and communities needed help.                                                                                            
                                                                                                                                
Representative  Josephson thought  many  issues like  school                                                                    
funding went back  to the structure of the  state and making                                                                    
choices like implementing boroughs instead of counties.                                                                         
                                                                                                                                
Representative  Drummond  replied that,  historically,  when                                                                    
bond issues had  passed in Anchorage, the  tax cap increased                                                                    
to  accommodate  the changes  approved  by  the voters.  She                                                                    
relayed that  it was  important to know  how much  bond debt                                                                    
was retired in the prior year.                                                                                                  
                                                                                                                                
2:41:39 PM                                                                                                                    
                                                                                                                                
Co-Chair   Merrick  indicated   there   were  five   invited                                                                    
testifiers  online.  She  invited  Mr.  Elwin  Blackwell  to                                                                    
begin.                                                                                                                          
                                                                                                                                
ELWIN  BLACKWELL,  SCHOOL  FINANCE  MANAGER,  DEPARTMENT  OF                                                                    
EDUCATION  AND EARLY  DEVELOPMENT (via  teleconference), was                                                                    
available for questions. He  could respond to Representative                                                                    
Josephson's earlier  question about the history  of the debt                                                                    
reimbursement  program.   Currently,  the  state   owed  $75                                                                    
million  for debt  bond reimbursement  through the  existing                                                                    
program. However, when the program  reached its sunset date,                                                                    
the annual reimbursement  was in excess of  $100 million. If                                                                    
the  bill passed,  it was  reasonable to  expect the  annual                                                                    
reimbursement amount to grow over time.                                                                                         
                                                                                                                                
2:43:46 PM                                                                                                                    
                                                                                                                                
JIM  ANDERSON,  CHIEF   FINANCE  OFFICER,  ANCHORAGE  SCHOOL                                                                    
DISTRICT (via  teleconference), spoke in support  of HB 350.                                                                    
He relayed that the governor  had vetoed over $83 million of                                                                    
state bond debt reimbursement from  FY 17 through FY 22. The                                                                    
Anchorage  School District  (ASD)  had  91 facilities  worth                                                                    
over $2  billion and the  average facility age was  36 years                                                                    
old. He relayed  that 12 facilities were over  60 years old.                                                                    
The district had $100 million  in deferred maintenance about                                                                    
12  years  ago,  but  currently had  over  $800  million  in                                                                    
differed maintenance  and it  was growing  by three  to four                                                                    
percent per  year. The  moratorium on  school bond  debt and                                                                    
the shift  in cost funding  had a significant impact  on the                                                                    
district's  ability   to  sustain  its   facilities  through                                                                    
bonding.  The district  had  always tried  to  pay off  more                                                                    
debts  than it  bonded, but  that  did not  account for  the                                                                    
value  of the  bond changing  over time.  It meant  that the                                                                    
district received  less and less  funding each  year through                                                                    
bonds.  He thought  HB  350  would be  a  welcome relief  to                                                                    
Anchorage taxpayers.                                                                                                            
                                                                                                                                
2:47:12 PM                                                                                                                    
                                                                                                                                
Representative  Rasmussen asked  for the  difference between                                                                    
ASD's fiscal footprint in 2022 compared to 2002.                                                                                
                                                                                                                                
Mr.   Anderson  could   supply   the   committee  with   the                                                                    
information she requested at a later date.                                                                                      
                                                                                                                                
Representative Rasmussen  asked if  Mr. Anderson  could also                                                                    
offer a list of average student attendance numbers in ASD.                                                                      
                                                                                                                                
Mr. Anderson would supply the information to the committee.                                                                     
                                                                                                                                
2:48:31 PM                                                                                                                    
                                                                                                                                
DR.  LISA  PARADY,  EXECUTIVE DIRECTOR,  ALASKA  COUNCIL  OF                                                                    
SCHOOL   ADMINISTRATORS  (via   teleconference),  spoke   in                                                                    
support of HB 350. She  explained that each year, members of                                                                    
the Alaska  Council of  School Administrators  (ACSA) worked                                                                    
together   to  develop   joint   position  statements.   The                                                                    
statements  discussed  the  highest  priorities  for  higher                                                                    
education  policy positions.  School safety  was one  of the                                                                    
highest  priorities in  the  current  year's joint  position                                                                    
statement.  She  emphasized   that  ASCA  supported  student                                                                    
safety  and  therefore  supported capital  funding  projects                                                                    
that  provided a  safe and  healthy learning  environment to                                                                    
students.                                                                                                                       
                                                                                                                                
Dr. Parady indicated that in  2019, 44 percent of schools in                                                                    
the  state  were  over  40  years old.  There  was  a  study                                                                    
conducted by ACSA that found  that, of the 38 districts that                                                                    
participated in  the study, 10  percent of  schools reported                                                                    
major  maintenance  needs ranking  from  $1  million to  $10                                                                    
million. She  relayed that 61  percent of  schools districts                                                                    
responded  "there's no  point" when  asked why  the district                                                                    
did  not request  funding from  the  state. The  application                                                                    
process  was  expensive  and  there  was  little  return-on-                                                                    
investment. She provided some  examples of major maintenance                                                                    
needs in schools,  such as new heating  and air conditioning                                                                    
systems. Since the moratorium was  implemented in 2015, many                                                                    
schools  had  been  deferring major  maintenance  needs.  In                                                                    
2019,  21  boroughs  had  bond  debt  totaling  $1  billion.                                                                    
Sunsetting the moratorium  to July of 2022  and changing the                                                                    
major maintenance  amount by 20  percent as proposed  by the                                                                    
bill would  help alleviate major maintenance  needs and help                                                                    
ensure safety for students.                                                                                                     
                                                                                                                                
2:53:32 PM                                                                                                                    
                                                                                                                                
NILS  ANDREASSEN,   EXECUTIVE  DIRECTOR,   ALASKA  MUNICIPAL                                                                    
LEAGUE  (via teleconference),  spoke in  support of  HB 350.                                                                    
Alaska  Municipal League  (AML) members  were interested  in                                                                    
the bill.  He agreed  schools had experienced  a significant                                                                    
lack of return-on-investment when  asking for funds from the                                                                    
state. It  was worth knowing  that when looking back  on the                                                                    
schools  that had  submitted projects  to the  state in  the                                                                    
previous 30  years, there was  only an eight  percent chance                                                                    
that the project  was funded. The removal  of the moratorium                                                                    
of the  school bond debt reimbursement  program would reduce                                                                    
pressure on  the maintenance and construction  grant program                                                                    
and increase  partnership between  local government  and the                                                                    
state. He  thought a good  starting place would be  the six-                                                                    
year  plan that  every district  was required  to create  to                                                                    
identify its needs. The value of  the current FY 23 plan was                                                                    
about  $1.42  billion.  He  wanted to  know  how  the  state                                                                    
planned to meet that need over  the next six years. He noted                                                                    
that the total  plan value should be closer  to $2.5 billion                                                                    
as many  schools did not  report major  maintenance projects                                                                    
to the  state due  to lack of  confidence. He  reported some                                                                    
sensitivity  regarding  the  program,  as it  had  faced  an                                                                    
uncertain funding  mechanism. The  failure to  reimburse had                                                                    
meant  a depletion  of trust  that the  state would  fulfill                                                                    
future obligations. Support was  welcome, but entities would                                                                    
continue  to  proceed with  caution.  He  was available  for                                                                    
questions.                                                                                                                      
                                                                                                                                
2:58:12 PM                                                                                                                    
                                                                                                                                
PETER  HOEPFNER,  PRESIDENT,  ASSOCIATION OF  ALASKA  SCHOOL                                                                    
BOARDS (via  teleconference), supported  HB 350  and thanked                                                                    
Representative Drummond  for bringing the bill  forward. The                                                                    
Alaska  Association  of  School  Boards (AASB)  also  had  a                                                                    
resolution  supporting the  legislation.  He  did not  think                                                                    
implementing   bans   ever   worked   and   banning   school                                                                    
construction  was  no  different. The  moratorium  had  only                                                                    
caused costs  to skyrocket.  He suggested  that if  a school                                                                    
needed  construction seven  years  ago, it  still needed  it                                                                    
today,  but   the  project  was   now  likely  to   be  more                                                                    
substantial  and more  expensive.  He indicated  maintenance                                                                    
departments were  holding buildings together with  duct tape                                                                    
and bubble gum  and wasting time trying  to maintain failing                                                                    
systems. He  appreciated returning to  the 60 to  70 percent                                                                    
reimbursement  rates  that  were   in  place  prior  to  the                                                                    
moratorium. The  high school  in Cordova  was built  in 1965                                                                    
and Cordova was handed a  $1.5 million bill for construction                                                                    
projects. He  relayed that  local contribution  to education                                                                    
was reduced due to the expense.  He did not want Alaskans to                                                                    
lose   faith   and   trust   in   Alaska.   He   appreciated                                                                    
consideration of HB 350.                                                                                                        
                                                                                                                                
3:01:33 PM                                                                                                                    
                                                                                                                                
Representative  LeBon  asked  if  the  construction  of  the                                                                    
school  in Cordova  was built  with a  voter-approved school                                                                    
bond in 1965.                                                                                                                   
                                                                                                                                
Mr.  Hoepfner could  not accurately  answer the  question as                                                                    
the construction  had occurred before his  time. However, he                                                                    
offered that the elementary school  in Cordova built in 1958                                                                    
had  just  been redone  with  approval  by the  voters.  The                                                                    
unintended  consequences of  the state  failing to  meet its                                                                    
obligations was disappointing.                                                                                                  
                                                                                                                                
Representative LeBon asked if  the community would expect to                                                                    
receive funding from the state  if the school needed capital                                                                    
maintenance or repair. Alternatively,  he wondered whether a                                                                    
bond would be posed to voters.                                                                                                  
                                                                                                                                
Mr. Hoepfner  responded that  it would be  a bond  issue. He                                                                    
suggested  there were  too many  other entities  in need  of                                                                    
funding that would remain higher  on the capital improvement                                                                    
project  list of  priorities ahead  of  Cordova. He  thought                                                                    
Cordova was fortunate to be  able to utilize bonds. However,                                                                    
the   failed   obligation    created   uncertainty   amongst                                                                    
constituents, and he  did not know if  voters would continue                                                                    
to approve bonds.                                                                                                               
                                                                                                                                
Representative  LeBon   considered  a  scenario   where  the                                                                    
community thought the school needed  repair and approved the                                                                    
bonds. He  asked if  the community believed  HB 350  was the                                                                    
catalyst  for supporting  the project  or  whether it  would                                                                    
simply  address the  need  and move  forward.  He asked  Mr.                                                                    
Hoepfner for  his insight  on what Cordova  would do  if the                                                                    
bill  did  not  pass  but  acknowledged  that  it  might  be                                                                    
impossible to know.                                                                                                             
                                                                                                                                
Mr.  Hoepfner   responded  that  construction   costs  would                                                                    
increase the longer  the project was put  off. The community                                                                    
of Cordova supported and valued  its students and hoped that                                                                    
the funding rate of 60 to 70 percent would be achieved.                                                                         
                                                                                                                                
Co-Chair Merrick invited Mr. Blackwell  to review the fiscal                                                                    
note by  the Department  of Education and  Early Development                                                                    
with a control code of cYLqt.                                                                                                   
                                                                                                                                
Mr.  Blackwell reviewed  the indeterminate  fiscal note.  It                                                                    
was   indeterminate  because   the   department  could   not                                                                    
anticipate   how  many   municipalities  would   seek  voter                                                                    
approval for new school capital  debt under the program. The                                                                    
department   anticipated  that   at   least   some  of   the                                                                    
municipalities would  issue debt. Since the  fiscal note was                                                                    
written,  he  found  out   that  three  municipalities  were                                                                    
looking to  go to  voter approval for  bonds. He  noted that                                                                    
the  bill returned  the  reimbursement  percentages back  to                                                                    
where they  had been  before at 60  percent and  70 percent.                                                                    
The earliest  any new school  debt would be apparent  in the                                                                    
budget would be FY 24.                                                                                                          
                                                                                                                                
3:10:12 PM                                                                                                                    
                                                                                                                                
Representative  Wool noticed  there  were two  reimbursement                                                                    
rates: 60 percent and 70  percent. He wondered which applied                                                                    
to new construction.                                                                                                            
                                                                                                                                
Mr.  Blackwell  explained  that major  maintenance  projects                                                                    
would  receive 70  percent  reimbursement.  However, it  was                                                                    
possible  for  new  construction  to  be  reimbursed  at  70                                                                    
percent  if  the project  qualified  for  the requested  new                                                                    
space based on the department's  space guidelines. If it did                                                                    
not  qualify, a  school  could still  get  reimbursed at  60                                                                    
percent.                                                                                                                        
                                                                                                                                
Representative    Wool    wondered   if    increasing    the                                                                    
reimbursement  rates to  60 and  70 percent  would create  a                                                                    
"bond garage  sale." He wondered  about the  implications of                                                                    
changing the rates.                                                                                                             
                                                                                                                                
Mr. Blackwell did  not have a specific  projection. It would                                                                    
depend on the  voters and the municipalities  and there were                                                                    
several contingencies  to consider.  He relayed  that voters                                                                    
recently turned down a bond  proposition in Anchorage and he                                                                    
could not  forecast how many municipalities  would jump into                                                                    
the  debt reimbursement  program. He  suggested the  program                                                                    
would only  grow slightly  in the  short-term, but  it could                                                                    
grow significantly in the future.                                                                                               
                                                                                                                                
Representative Wool  commented that a reimbursement  rate of                                                                    
zero percent  was presented  to the  voters in  Anchorage in                                                                    
the bond proposition mentioned by  Mr. Blackwell. He thought                                                                    
the 60 to  70 percent rate would tip the  scales in favor of                                                                    
voters approving the bonds.                                                                                                     
                                                                                                                                
3:14:42 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter asked  if there  would there  be a                                                                    
guarantee to  the municipalities, boroughs, and  voters that                                                                    
the  70  percent  reimbursement  rate would  be  honored  in                                                                    
following years  if the bill  passed and the  moratorium was                                                                    
lifted.                                                                                                                         
                                                                                                                                
Mr. Blackwell  responded there would  not be a  statement of                                                                    
guaranteed payment  because the annual payments  would still                                                                    
be subject to appropriation by the legislature.                                                                                 
                                                                                                                                
Representative Carpenter  noted that  one of  the testifiers                                                                    
suggested  that the  state was  obligated to  pay bonds.  He                                                                    
asked if  there had ever  been a guarantee  of reimbursement                                                                    
under  the  program  prior  to   the  establishment  of  the                                                                    
moratorium.                                                                                                                     
                                                                                                                                
Mr.  Blackwell  responded  that   there  had  never  been  a                                                                    
communication  to municipalities  that they  were guaranteed                                                                    
the amount  at the  reimbursement rate.  It had  always been                                                                    
communicated   that  the   amount   would   be  subject   to                                                                    
legislative appropriation.                                                                                                      
                                                                                                                                
Representative  Carpenter asked  if there  was an  aggregate                                                                    
limit in  terms of  the number  of municipalities  who could                                                                    
take advantage of the increased reimbursement rates.                                                                            
                                                                                                                                
Mr. Blackwell responded that there  was no cap on the number                                                                    
of  projects  that could  be  approved  under the  bill.  He                                                                    
relayed  that it  was a  matter of  how many  municipalities                                                                    
would be able to get voters to approve bond issues.                                                                             
                                                                                                                                
Representative  Carpenter thought  that it  sounded like  if                                                                    
the bill  were to pass, the  state would be issuing  a blank                                                                    
check  to  municipalities  before the  legislature's  fiscal                                                                    
accounts  were in  order.  He was  not  convinced enough  to                                                                    
support the bill.                                                                                                               
                                                                                                                                
HB  350  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair  Merrick  reviewed  the agenda  for  the  following                                                                    
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
3:18:48 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 3:18 p.m.                                                                                          

Document Name Date/Time Subjects
4.13.2022 (H)EDC Hearing DEED Follow-Up.pdf HFIN 4/27/2022 1:30:00 PM
HB 413
HB 413 and SB 236 Analysis by David Means, Legislative Data Analyst, ALASBO.pdf HFIN 4/27/2022 1:30:00 PM
HB 413
SB 236
HB 413 DEED funding chart.pdf HFIN 4/27/2022 1:30:00 PM
HB 413
HB 413 SB 236 LYSD Letter.pdf HFIN 4/27/2022 1:30:00 PM
HB 413
SB 236
HB 413 Sponsor Statement.pdf HFIN 4/27/2022 1:30:00 PM
HB 413
Supporting Testimony for HB 413 LYSD.pdf HFIN 4/27/2022 1:30:00 PM
HB 413
HB 350 ASD Bond Debt vs Facility Backlog for HB 350 070121.pdf HFIN 4/27/2022 1:30:00 PM
HB 350
HB 350 Sponsor Statement Ver. 2.pdf HFIN 4/27/2022 1:30:00 PM
HB 350
HB 350 Public Testimony Rec'd by 042722.pdf HFIN 4/27/2022 1:30:00 PM
HB 350