Legislature(2009 - 2010)BARNES 124

03/26/2010 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 338 ECON. STIMULUS BONDS: REALLOCATION/WAIVER TELECONFERENCED
Heard & Held
*+ HB 275 ANTITRUST ACTIONS & PENALTIES TELECONFERENCED
Heard & Held
        HB 338-ECON. STIMULUS BONDS: REALLOCATION/WAIVER                                                                    
                                                                                                                                
3:25:35 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE BILL NO. 338, "An Act  relating to the waiver of volume cap                                                               
of  recovery zone  economic development  bonds  authorized by  26                                                               
U.S.C.  1400U-2 and  reallocation  by the  Alaska Municipal  Bond                                                               
Bank Authority of  the waived volume cap; relating  to the waiver                                                               
of volume  cap of recovery  zone facility bonds authorized  by 26                                                               
U.S.C.  1400U-3   and  reallocation  by  the   Alaska  Industrial                                                               
Development  and  Export  Authority  of the  waived  volume  cap;                                                               
increasing the  total amount of  bonds and notes that  the Alaska                                                               
Municipal Bond  Bank Authority may have  outstanding; relating to                                                               
revenue  bonds   issued  by  the   Alaska  Municipal   Bond  Bank                                                               
Authority; and providing for an effective date."                                                                                
                                                                                                                                
3:25:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON moved  to adopt the  proposed committee                                                               
substitute (CS)  for HB 338  labeled 26-GH2880\R,  Cook, 3/25/10,                                                               
as the  work document.  There  being no objection, Version  R was                                                               
before the committee.                                                                                                           
                                                                                                                                
3:27:16 PM                                                                                                                    
                                                                                                                                
JERRY BURNETT,  Deputy Commissioner, Office of  the Commissioner,                                                               
Department  of  Revenue  (DOR),  explained  that  this  bill  was                                                               
introduced on  behalf of the  Governor.  He paraphrased  from the                                                               
transmittal   statement,   which   read   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
          This bill provides for  reallocation of volume cap                                                                    
          of  recovery zone  economic development  bonds and                                                                    
          recovery zone  facility bonds.  When  the Congress                                                                    
          passed the American  Recovery and Reinvestment Act                                                                    
          of  2009,  the  bill authorized  the  issuance  of                                                                    
          certain tax advantaged  bonds for local government                                                                    
          projects    called    Recovery    Zone    Economic                                                                    
          Development  Bonds  and   Recovery  Zone  Facility                                                                    
          Bonds.                                                                                                                
                                                                                                                                
3:28:14 PM                                                                                                                    
                                                                                                                                
MR.  BURNETT explained  that Recovery  Zone Economic  Development                                                               
Bonds are bonds  that can be used for public  facilities by local                                                               
governments.  Recovery Zone Facility  Bonds are bonds that can be                                                               
used  by private  developers for  economic development  purposes.                                                               
The  American Recovery  and Reinvestment  Act of  2009 authorized                                                               
the  issuance of  the  tax-advantaged bonds  and  set a  national                                                               
volume  limitation for  the  Recovery  Zone Economic  Development                                                               
Bonds at $10 billion and for  Recovery Zone Facility Bonds at $15                                                               
billion.  The  United States Secretary of  the Treasury allocated                                                               
the national volume  limitation for these bonds  among the states                                                               
and  the Internal  Revenue Service  (IRS) allocated  each state's                                                               
volume among the  counties and large municipalities  in the state                                                               
in proportion to  relative employment declines in 2008.   The IRS                                                               
allows local  governments to  waive a portion  of the  volume cap                                                               
allocation and  the state  may reallocate the  volume cap.   This                                                               
bill provides that reasonable manner.                                                                                           
                                                                                                                                
MR.  BURNETT  further  explained  that the  bill  authorizes  the                                                               
Alaska  Municipal Bond  Bank Authority  to reallocate  the waived                                                               
recovery   zone  economic   development  bond   volume  cap   and                                                               
authorizes   the  Alaska   Industrial   Development  and   Export                                                               
Authority  (AIDEA)   to  reallocate  the  waived   Recovery  Zone                                                               
Facility  Bond volume  cap.   It also  authorizes the  State Bond                                                               
Committee   to  reallocate   tax  credit   and  tax-exempt   bond                                                               
limitations   for  other   programs   authorized   by  the   U.S.                                                               
government.                                                                                                                     
                                                                                                                                
MR.  BURNETT highlighted  that HB  338 is  necessary because  the                                                               
allocation methodology  used by  the IRS  to allocate  the volume                                                               
cap  under  this program  used  census  areas rather  than  local                                                               
government organizations with bonding  authority as the basis for                                                               
allocation.  Much of the bond  volume given to areas of the state                                                               
under the  federal allocation could  not be used  without passage                                                               
of this bill.                                                                                                                   
                                                                                                                                
3:30:40 PM                                                                                                                    
                                                                                                                                
MR. BURNETT added that in  addition to the reallocation of volume                                                               
cap under  ARRA, HB 338  make two  changes to the  Municipal Bond                                                               
Bank  statutes.     It  provides  that  the   total  loan  volume                                                               
authorized for  the Municipal  Bond Bank  is increased  from $750                                                               
million to $1  billion.  It also removes  current restrictions on                                                               
making  loans to  municipalities for  hydroelectric projects  and                                                               
state  leased  buildings and  equipment.    These provisions  are                                                               
especially important to the City  and Borough of Sitka because it                                                               
owns its own  hydroelectric project and it is  more efficient for                                                               
a local  government to use the  Municipal Bond Bank to  finance a                                                               
hydroelectric  project than  to go  through AIDEA  or the  Alaska                                                               
Energy Authority (AEA).                                                                                                         
                                                                                                                                
3:32:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON asked  whether a private  company would                                                               
be required  to repay the bonds  in instances when the  bonds are                                                               
passed through a borough to the private company.                                                                                
                                                                                                                                
MR. BURNETT agreed.  He clarified  that the type of bond would be                                                               
a  conduit  bond.     The  local  government  or   AIDEA  is  the                                                               
facilitator.     In  those  instances  the   private  company  is                                                               
responsible  for  the  bond.   However,  the  federal  government                                                               
reimburses  45  percent  of  the interest  cost,  whether  it  is                                                               
reimbursed  to a  private issuer  in  the case  of Recovery  Zone                                                               
Facility Bonds or  is reimbursed to a public issuer,  in the case                                                               
Recovery  Zone Economic  Development Bonds.   The  Municipal Bond                                                               
Bank has  issued small amounts of  bonds under this program.   He                                                               
recalled  an instance  in Ketchikan,  that  after the  reimbursed                                                               
interest,   the   true  interest   cost   for   the  issuer   was                                                               
approximately 2.9  percent for  a 20-plus  year bond  issue under                                                               
this  program.    Thus,  it  is very  cost  effective  for  local                                                               
governments or private developers to use these bonds.                                                                           
                                                                                                                                
3:33:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHENAULT  referred to  Section 4 of  the sectional                                                               
analysis,  which   read:  "Removes  limitations  on   the  Alaska                                                               
Municipal Bond  Bank related to financing  certain power projects                                                               
and equipment  and building that  are leased  to the state."   He                                                               
asked for clarification.                                                                                                        
                                                                                                                                
MR. BURNETT  replied that this  statute allows for  the Municipal                                                               
Bond Bank  to finance power  projects for  diesel-fired projects.                                                               
This would allow  the City and Borough of Sitka  to refinance its                                                               
hydroelectric project with local  government financing instead of                                                               
using  AIDEA or  AEA.   This will  work better  for the  City and                                                               
Borough of Sitka since it  is a locally-owned government utility.                                                               
Additionally,  Section  4  contains   a  provision  to  remove  a                                                               
limitation  that   does  not  allow  local   governments  to  use                                                               
Municipal Bond Bank  financing if the state is  leasing a portion                                                               
of it.   Some local governments  own buildings with a  portion of                                                               
the  building  leased  by  the  state.   This  would  remove  the                                                               
limitation.  He commented that he  was not sure of the historical                                                               
reason for the restriction.                                                                                                     
                                                                                                                                
REPRESENTATIVE CHENAULT asked whether  the restriction was due to                                                               
a percentage of the state leased space in the building.                                                                         
                                                                                                                                
MR. BURNETT answered  no.  He related that if  the state leased a                                                               
500  square-foot office  in a  10,000 square  foot building,  the                                                               
local government  would be prohibited  from using  Municipal Bond                                                               
Bank financing.                                                                                                                 
                                                                                                                                
3:36:05 PM                                                                                                                    
                                                                                                                                
TED LEONARD, Executive Director,  Alaska Industrial Development &                                                               
Export  Authority  (AIDEA)  and Alaska  Energy  Authority  (AEA),                                                               
Department  of   Commerce,  Community,  &   Economic  Development                                                               
(DCCED), introduced himself.                                                                                                    
                                                                                                                                
3:36:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH asked how this bill would impact AIDEA.                                                                     
                                                                                                                                
MR. LEONARD  offered AIDEA's  support for the  bill.   He related                                                               
that  in Version  R  the  Recovery Zone  Facility  Bonds are  not                                                               
issued through a  45 percent payback provision.   These bonds are                                                               
taxable  bonds  and  become  tax  exempt so  they  are  a  little                                                               
different than  the Recovery Zone Economic  Development Bonds, he                                                               
stated.   Still, the bonds are  at least 150 to  250 basis points                                                               
cheaper than  taxable bonds.   They are  definitely not  quite as                                                               
good as  the Recovery  Zone Economic  Development Bonds,  but for                                                               
private enterprises,  they probably represent the  best financing                                                               
available.                                                                                                                      
                                                                                                                                
3:38:04 PM                                                                                                                    
                                                                                                                                
MR. LEONARD  pointed out  that the  Recovery Zone  Facility Bonds                                                               
are mainly  defined by their  restrictions.  They cannot  be used                                                               
to build rental housing, airplanes,  health clubs, liquor stores,                                                               
massage parlors, and  gambling facilities.  Otherwise,  it can be                                                               
used  for  almost  anything  else.    He  characterized  them  as                                                               
"Industrial  Development Bonds  on steroids."   These  bonds were                                                               
allocated  by the  IRS with  census areas.   Thus,  AIDEA quickly                                                               
estimates that  this type of  tax exempt financing would  lose 50                                                               
percent without the ability to  reallocate.  Thus, AIDEA believes                                                               
this  is  very  important.    He reported  that  AIDEA  can  find                                                               
projects in  the state  that would  definitely benefit  from this                                                               
type of financing.                                                                                                              
                                                                                                                                
3:39:33 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON held open public testimony on HB 338.                                                                               
                                                                                                                                
[HB 338 was held over.]                                                                                                         
                                                                                                                                
The committee took an at-ease from 3:40 p.m. to 3:40 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB338 ver A.pdf HL&C 3/26/2010 3:15:00 PM
HB 338
CS HB338 Draft ver R.pdf HL&C 3/26/2010 3:15:00 PM
HB 338
CS HB338 Sponsor Statement.pdf HL&C 3/26/2010 3:15:00 PM
HB 338
HB338 Fiscal Note-1-2-021010-CED-N.pdf HL&C 3/26/2010 3:15:00 PM
HB 338
HB338 Sponsor Statement ver A.pdf HL&C 3/26/2010 3:15:00 PM
HB 338
CSHB 275 Draft ver T.pdf HL&C 3/26/2010 3:15:00 PM
HB 275
HB275 ver P.pdf HL&C 3/26/2010 3:15:00 PM
HB 275
HB338 Fiscal Note-2-1-021010-REV-Y.pdf HL&C 3/26/2010 3:15:00 PM
HB 338
Mar 26 Packet Info.pdf HL&C 3/26/2010 3:15:00 PM
HB338 Supporting Documents Letter-City of Kenai 2-10-10.pdf HL&C 3/26/2010 3:15:00 PM
HB 338
HB275 Sponsor Statement ver T.pdf HL&C 3/26/2010 3:15:00 PM
HB 275
HB275 Sectional Analysis ver T.pdf HL&C 3/26/2010 3:15:00 PM
HB 275
HB275 Fiscal Note-LAW-CIV-03-19-10.pdf HL&C 3/26/2010 3:15:00 PM
HB 275
HB338_SB269 Supporting Documents - AIDEA (2) (2).pdf HL&C 3/26/2010 3:15:00 PM
HB 338
SB 269