Legislature(2013 - 2014)BARNES 124

02/28/2013 02:00 PM House TRANSPORTATION


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02:17:24 PM Start
02:18:03 PM HB23
03:00:36 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
*+ HB 23 KNIK ARM BRIDGE AND TOLL AUTHORITY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 23-KNIK ARM BRIDGE AND TOLL AUTHORITY                                                                        
                                                                                                                                
2:18:03 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON  announced that the only order  of business would                                                               
be HOUSE BILL NO.  23, "An Act relating to bonds  of the Knik Arm                                                               
Bridge  and Toll  Authority;  relating to  reserve  funds of  the                                                               
authority; relating to taxes and  assessments on a person that is                                                               
a party to an agreement  with the authority; and establishing the                                                               
Knik Arm Crossing fund."                                                                                                        
                                                                                                                                
2:18:54 PM                                                                                                                    
                                                                                                                                
REX  SHATTUCK, Staff,  Representative Mark  Neuman, Alaska  State                                                               
Legislature, on  behalf of Representative  Neuman, sponsor  of HB
23, stated  the bill  would amend  the Knik  Arm Bridge  and Toll                                                               
Authority's  (KABATA)   enabling  statutes   to  provide   for  a                                                               
successful  procurement of  the Knik  Arm Crossing  (KAC) project                                                               
and to  generate the  best value  for the state.   This  bill was                                                               
written in consultation with KABATA.                                                                                            
                                                                                                                                
2:20:10 PM                                                                                                                    
                                                                                                                                
MICHAEL  FOSTER,  Chair,  Knik  Arm  Bridge  and  Toll  Authority                                                               
(KABATA),  Department  of   Transportation  &  Public  Facilities                                                               
(DOT&PF) offered to give a brief recap presentation.                                                                            
                                                                                                                                
MR. FOSTER turned to KABATA's mission  [slide 1].  He stated that                                                               
the KABATA  was set up  to advance  the Knik Arm  Crossing (KAC).                                                               
He  pointed  out  the  corridors   and  road  alignments  in  the                                                               
Southcentral  Alaska area,  including for  the Glenn  Highway and                                                               
the Parks  Highway, Knik-Goose Bay  Road, and the  Port MacKenzie                                                               
Rail  extension.    Additionally,  he  mentioned  the  population                                                               
trends  in  Southcentral  Alaska,   noting  that  54  percent  of                                                               
Alaskans  live in  this  area.   He  reported that  approximately                                                               
300,000 live in  the Anchorage Bowl area and about  90,000 in the                                                               
Matanuska-Susitna  area  based   on  the  Anchorage  metropolitan                                                               
census  figures [slide  5].   He  discussed  the 2035  population                                                               
forecast  that shows  that  over the  next  25 years  substantial                                                               
growth will  occur in the  Matanuska-Susitna Borough  (MSB) area.                                                               
He  related that  different  population  forecast models  predict                                                               
population  increase estimates  ranging from  115 percent  to 119                                                               
percent over  the 25 year  period with significant growth  in the                                                               
Anchorage area  predicted from  the Eagle  River Bridge  north to                                                               
Eklutna.  In  fact, this area is estimated to  grow by 74 percent                                                               
over  the next  25 years.   Additionally,  the Anchorage  bowl is                                                               
nearly  out   of  available   land  for   residential,  business,                                                               
commercial, and industrial purposes.                                                                                            
                                                                                                                                
2:22:29 PM                                                                                                                    
                                                                                                                                
MR. FOSTER  turned to the  2035 population statistics  [slide 6].                                                               
He said some discussion has  surrounded the use of the University                                                               
of  Alaska's  (UAA) Institute  of  Social  and Economic  Research                                                               
(ISER) figures.  He deferred  to Representative Neuman to address                                                               
that  issue.   The  Woods and  Poole  Economic Inc.'s  population                                                               
forecast model,  which is an  independent third party  model, and                                                               
KABATA's model  all show  that in  2035, significant  growth will                                                               
occur in Southcentral Alaska in the Matanuska-Susitna area.                                                                     
                                                                                                                                
MR. FOSTER turned  to slide 7, entitled,  "Historic and Projected                                                               
Population  Trend  1985  to  2035."    He  highlighted  the  2035                                                               
projections, which  shows nearly  a linear  curve related  to the                                                               
availability of land.                                                                                                           
                                                                                                                                
2:23:45 PM                                                                                                                    
                                                                                                                                
MR. FOSTER said that population  growth drives traffic increases.                                                               
In 1985,  Eklutna had  an increase  of about  16,000, in  2010 at                                                               
29,000,  and  traffic  is  forecasted  in  2035  at  over  60,000                                                               
vehicles [slide 9].  The growth  at Hiland Road - at the six-lane                                                               
point -  from 2010 to 2035  is estimated to increase  from 50,000                                                               
to over  110,000 based on  the population projections  from Eagle                                                               
River to  Eklutna and population projections  from the Matanuska-                                                               
Susitna  Borough  (MSB).    This   slide  graphically  shows  the                                                               
population points based  on 2010 average daily  traffic and using                                                               
the 2035 estimated traffic [slide 11].                                                                                          
                                                                                                                                
2:24:41 PM                                                                                                                    
                                                                                                                                
CHAIR  P.  WILSON  pointed  out  ISER's  population  estimate  is                                                               
different from  KABATA's estimates.   She asked whether  he could                                                               
explain the difference in the estimated population projections.                                                                 
                                                                                                                                
MR. FOSTER deferred to Representative Neuman to address.                                                                        
                                                                                                                                
2:25:18 PM                                                                                                                    
                                                                                                                                
MR. FOSTER  discussed what happens  without a bridge  [slide 13].                                                               
He explained  that in 2008, the  DOT&PF considered transportation                                                               
needs based on the traffic  and population demands going forward,                                                               
in which the Glenn Highway from  Eagle River north would become a                                                               
six-lane highway to  handle the increased traffic.   Further, the                                                               
Glenn Highway from downtown Anchorage  to Eagle River north would                                                               
become an 8-10  lane roadway, based on actual  traffic counts, he                                                               
said.   He  reported the  2008  estimates totaled  $3 billion  in                                                               
federal/state  funding.   He reiterated  the DOT&PF's  Long Range                                                               
Plan totaled about $3 billion improvements to the Glenn Highway.                                                                
                                                                                                                                
MR. FOSTER  related the  bridge option  under consideration  is a                                                               
private-public  partnership model  (P3) [slide  11].   The KABATA                                                               
has short-listed three firms, who  have each undergone a rigorous                                                               
solicitation - as the potential  private developers.  The private                                                               
partners  in   the  public-private  partnership  (P3)   would  be                                                               
responsible  for   financing,  designing,   building,  operating,                                                               
maintaining,  and  collecting tolls  for  the  proposed Knik  Arm                                                               
Crossing (KAC) project and the  draft contract would be a 35-year                                                               
concession or contract.                                                                                                         
                                                                                                                                
2:27:15 PM                                                                                                                    
                                                                                                                                
MR. FOSTER  related that  to make this  project as  attractive as                                                               
possible  for  the  financial  markets, the  State  of  Alaska  -                                                               
through this bill and legislation -  would be to create a reserve                                                               
fund  for the  initial years.   The  $600 million  funding source                                                               
would  be  [Federal   Highway  Administration  [FHWA]]  Safety-LU                                                               
private  activity bonds  (PAB).    Again, the  state  would be  a                                                               
conduit - the state would not  secure the PAB nor would the state                                                               
be  financially obligated  to the  bonds.   The state  would only                                                               
provide the  capacity for  the private partner  to apply  for the                                                               
bonds.   Additionally, the Transportation  Infrastructure Finance                                                               
and Innovation  Act of 1998  (TIFIA) financing would be  the same                                                               
type of model  - the state would  act as a conduit  and would not                                                               
sign for the financing nor  have any financial responsibility for                                                               
it.     He  characterized   the  funding   as  a   pass  through.                                                               
Additionally, the  contract terms  provide for a  termination for                                                               
convenience clause  that would  allow the  state to  terminate if                                                               
the  state decides  not  to proceed,  which  he characterized  as                                                               
being similar  to a  lease agreement,  with a  payout value.   He                                                               
emphasized that  from the beginning  the bridge will be  owned by                                                               
the state  and once construction  begins the bridge  project will                                                               
become  a state  asset. However,  the private  partner would  not                                                               
receive the first  availability payment until the  bridge is open                                                               
for  use.   Thus  during construction  the  private partner  will                                                               
finance the project.                                                                                                            
                                                                                                                                
2:29:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MARK NEUMAN,  Alaska State  Legislature, referred                                                               
to  a  memo  dated  March  22, 2011,  in  members'  packets  from                                                               
Professor  Scott  Goldsmith,  from  the  University  of  Alaska's                                                               
Institute of Social  and Economic Research (ISER).   He explained                                                               
that the  ISER figures  were below the  2010 U.S  Census figures.                                                               
He  suggested that  by taking  the ISER  figures and  correlating                                                               
them to the  U.S. Census population, that the  figures would fall                                                               
within one or two  percent.  As a matter of  fact the figures are                                                               
still in the 85,000-90,000 range, he  said.  He recalled ISER had                                                               
estimated approximately the population  at 170,000 and KABATA had                                                               
predicted  190,000.    He  said, "You  can  nitpick  about  those                                                               
numbers all day long, but there's still a lot of people."                                                                       
                                                                                                                                
2:31:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked  to  have  a  document  distributed                                                               
entitled, "Current  Traffic Safety  Corridors (TSC)  & Candidates                                                               
as of  August, 2009" that  helps explain  the safety issues.   In                                                               
response to  Chair P. Wilson,  Representative Neuman  deferred to                                                               
Mr. Foster to  address the numbers of estimated  vehicles for the                                                               
bridge  being based  on  a four-lane  bridge  and the  associated                                                               
costs.    He again  referred  to  his  handout, which  lists  the                                                               
highway  safety  zones  as  of  August 2009.    He  reported  the                                                               
fatalities and  major injuries per  100 million vehicle  miles on                                                               
the  Palmer/Wasilla  Highway  and  Glenn  Highway  to  the  Parks                                                               
Highway  at 16.7;  from  Lucus  Road to  Big  Lake  at 17.3;  the                                                               
Knik/Goose Bay Road  at 22.84.  After all, the  Seward Highway is                                                               
often  highlighted, but  its fatalities  and major  injuries rate                                                               
per  100  million  vehicle  miles  is 13.1.    He  indicated  the                                                               
community has  been undergoing transportation planning  for post-                                                               
bridge construction.   In fact,  [with the KAC] traffic  would be                                                               
reduced considerably on  the Glenn Highway, he  said.  Currently,                                                               
30,000 vehicles  travel from  the Matanuska-Susitna  to Anchorage                                                               
each day,  he reported.   Specifically, he  pointed out  the last                                                               
rut  rehabilitation   costs  at  $55  million   per  the  DOT&PF.                                                               
Further, rut  rehabilitation must be  done every five years.   He                                                               
pointed out that 82 percent of  the freight to the state comes in                                                               
via  the Port  of  Anchorage.   Thus all  the  heavy freight  and                                                               
containers  destined to  Fairbanks and  Prudhoe Bay  could bypass                                                               
the Glenn Highway.  Additionally,  the proposed Knik Arm Crossing                                                               
(KAC) would  reduce the length  of travel considerably,  which is                                                               
one reason  why the  bridge has been  supported by  the Fairbanks                                                               
Chamber  of  Commerce:   it  would  reduce traffic  and  trucking                                                               
costs.    He  indicated  if  the  road  rehabilitation  could  be                                                               
stretched  to  8   to  10  years,  it  would   also  represent  a                                                               
considerable cost savings to the state.                                                                                         
                                                                                                                                
2:35:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  said  those   who  live  in  Wasilla  are                                                               
familiar with the  pinch points and congested  traffic, such that                                                               
Wasilla  Lake  is on  one  side,  the  highway and  railroad  and                                                               
Lucille Lake  on the other  side.  He characterized  this roadway                                                               
as  an  over congested  highway,  which  the community  has  been                                                               
trying  to   alleviate.    Additionally,  Wasilla   to  Big  Lake                                                               
represents the most dangerous stretch  of highway in the state is                                                               
also proposed  to be expanded  to a four-lane highway.   Further,                                                               
the Knik  Arm Crossing (KAC)  would reduce heavy  freight, reduce                                                               
accident  rates, and  improve traffic  freight infrastructure  to                                                               
help  turn  Alaska  resources  into  jobs.    He  suggested  that                                                               
expanding the Glenn Highway -  which is currently over capacity -                                                               
is estimated to  cost over $ 4 billion.   Thus obtaining a bridge                                                               
funded by private industry would be much less expensive.                                                                        
                                                                                                                                
2:37:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN    turned   to   the    Federal   Highway                                                               
Administration [FHWA]  funds under the Moving Ahead  for Progress                                                               
in  the 21st  Century Act  (MAP-21).   He  related that  Governor                                                               
Parnell supports  creating a reserve fund  using an appropriation                                                               
of $10  million this year  and funding an additional  $35 million                                                               
each year  until 2018  for a  total of $150  million.   This fund                                                               
would basically  be a  loan that  would be repaid,  he said.   He                                                               
estimated  sufficient traffic  would cross  the bridge  to create                                                               
enough tariffs in approximately seven  to eight years for the KAB                                                               
project to  become revenue  neutral.  The  toll revenue  would be                                                               
repaid into the  reserve fund, once traffic increased  and as new                                                               
housing is expanded  from Anchorage.  Any excess  revenue must be                                                               
used for transportation projects,  including aviation, marine, or                                                               
highway projects.   He pointed  out that  the state is  trying to                                                               
diversify  its income  revenue streams,  with 90  percent of  the                                                               
state's  revenue derived  from oil,  which is  declining rapidly,                                                               
the state must  find new ways for revenue sources.   He said this                                                               
is an  opportunity for the state  to spend $1 billion  within the                                                               
first  20  years of  the  project  time line  for  transportation                                                               
projects  in  Alaska.    Thus this  project  would  also  relieve                                                               
congestion on the state general funds.                                                                                          
                                                                                                                                
2:39:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN  reiterated   that  this   would  relieve                                                               
pressure  on  general  fund expenditures.    He  emphasized  that                                                               
finding new  revenue sources  and diversifying  the economy  is a                                                               
must.     Additionally,   this  infrastructure   would  open   up                                                               
development on  the west  side of  Cook Inlet.   He  related that                                                               
$400,000 is  in the  Governor's FY 14  proposed budget  to assess                                                               
resource  development  options  in   the  Susitna  Basin.    This                                                               
infrastructure  would help  develop natural  resources, which  is                                                               
critical to  diversify the state's  economy and  increase revenue                                                               
streams  to  the state.    In  fact,  numerous benefits  of  this                                                               
project  besides  public  safety  exist,  including  diversifying                                                               
revenue  streams, creating  jobs, finding  more opportunities  to                                                               
turn resources  into jobs for  Alaskans.  He concluded  that this                                                               
[project] pays for itself.  In  the end, this project is ready to                                                               
build;  it's ready  to go,  he  said.   As he  looks forward  and                                                               
currently, revenue streams  are in the negative.   Certainly, the                                                               
state doesn't  have funds  for large  capital projects  since the                                                               
state  has a  $1 billion  deficit.   He offered  his belief  that                                                               
partnering  with  private industry  to  bring  in $1  billion  in                                                               
private industry  investment to create  1,500 jobs over  the next                                                               
four years  is critical to the  state.  He predicted  that if the                                                               
state doesn't partner with private  industries that the effect on                                                               
the operating budget  will be huge.  In short,  this bridge could                                                               
get Alaska  to the point  of building a pipeline  and a dam.   He                                                               
said, "This  is a  bridge to the  future and I  hope we  have the                                                               
vision to  continue on with that,  Madame Chair and I'll  be glad                                                               
to answer any questions."                                                                                                       
                                                                                                                                
CHAIR P. WILSON  responded that she didn't mind  having the state                                                               
pay for  some capital projects  and infrastructure;  however, she                                                               
wanted  to ensure  if the  tolls  are insufficient  to cover  the                                                               
availability payment, the state would pay.                                                                                      
                                                                                                                                
REPRESENTATIVE  NEUMAN   answered  that  under  the   worst  case                                                               
scenario some  projections were made,  but Mr. Foster  could best                                                               
explain the projections.                                                                                                        
                                                                                                                                
REPRESENTATIVE P.  WILSON reiterated  that the state  should pay;                                                               
for infrastructure; however  she wanted to be sure  the facts the                                                               
committee  has  are the  right  facts.    She asked  whether  the                                                               
committee has  an updated  financial plan from  KABATA.   She was                                                               
unsure of whether  the federal government is on hold  in terms of                                                               
the TIFIA financing.                                                                                                            
                                                                                                                                
2:44:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  referred to  a  letter  to Mr.  Callenda,                                                               
Director,  Transportation Infrastructure  Finance and  Innovation                                                               
Act  Joint  Program  Office, U.S.  Department  of  Transportation                                                               
dated [November 15, 2012] from Governor Parnell.  He read:                                                                      
                                                                                                                                
     I  have  received a  copy  of  your September  25,  201                                                                    
     letter  to  the  Knik  Arm Bridge  and  Toll  Authority                                                                    
     (KABATA).   In  that letter,  you state  that the  U.S.                                                                    
     Department  of Transportation  (US  DOT) is  postponing                                                                    
     consideration  of   our  Transportation  Infrastructure                                                                    
     Finance and  Innovation Act (TIFIA) Letter  of Interest                                                                    
     until the  State appropriates, or is  reasonably likely                                                                    
     to   appropriate,  funding   for  the   KABATA  project                                                                    
     (Project).                                                                                                                 
                                                                                                                                
     As  you  know  the Alaska  legislature  has  previously                                                                    
     authorized use  of federal  funds and  has appropriated                                                                    
     State   matching   funds   for  the   Project.      The                                                                    
     construction   phase  is   included  in   the  approved                                                                    
     Statewide Transportation  Improvement Program.   KABATA                                                                    
     is currently purchasing  the right-of-way and acquiring                                                                    
     the permits  necessary for construction.   In addition,                                                                    
     my  Capital  Budget will  be  submitted  to the  Alaska                                                                    
     State Legislature in  December, and it is  my intent to                                                                    
     include funding for a Project Reserve.                                                                                     
                                                                                                                                
     KABATA will continue to work  closely with your office,                                                                    
     and the  State of Alaska expects  full consideration by                                                                    
     US DOT  and your office  for an invitation to  submit a                                                                    
     TIFIA  loan application  on  behalf  of the  successful                                                                    
     proposer.                                                                                                                  
                                                                                                                                
REPRESENTATIVE NEUMAN recapped that  the aforementioned letter is                                                               
a letter  of intent  from the  legislature for  continued funding                                                               
for the reserve and the letter is signed by Governor Parnell.                                                                   
                                                                                                                                
2:45:56 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON asked whether  TIFIA has responded back  to this                                                               
letter.                                                                                                                         
                                                                                                                                
REPRESENTATIVE NEUMAN  responded that this letter  was a positive                                                               
response to TIFIA.                                                                                                              
                                                                                                                                
MR. FOSTER  answered yes; and  offered to quote from  a September                                                               
25, 2012 letter.                                                                                                                
                                                                                                                                
CHAIR P. WILSON asked for the date of the governor's letter.                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  answered the  letter  he  read was  dated                                                               
November 12, 2012  and was in response to the  September 25, 2012                                                               
letter from the U.S. Department of Transportation (US-DOT).                                                                     
                                                                                                                                
CHAIR P.  WILSON asked  whether the sponsor  has heard  back from                                                               
the U.S.-DOT  since the  November 12,  2012 letter  from Governor                                                               
Parnell.                                                                                                                        
                                                                                                                                
MR. FOSTER  answered yes;  that the U.S.-DOT  is waiting  for the                                                               
legislature  to  pass  the  bill.    In  further  response  to  a                                                               
question, he clarified that the U.S.-DOT has responded.                                                                         
                                                                                                                                
2:46:38 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON added  for further  clarification on  the fiscal                                                               
note.                                                                                                                           
                                                                                                                                
REPRESENTATIVE NEUMAN  answered that  the fiscal  note is  a zero                                                               
fiscal  note since  the funding  would be  a loan.   He  said the                                                               
DOT&PF has put  in a zero fiscal note since  the funding would be                                                               
in a reserve  account that would be repaid.   In further response                                                               
to  a  question,  he  agreed  the toll  fees  would  provide  the                                                               
repayment  and  the  contractor would  receive  the  availability                                                               
payment  and  if  insufficient  the   state  would  make  up  the                                                               
difference.                                                                                                                     
                                                                                                                                
2:47:30 PM                                                                                                                    
                                                                                                                                
MR.   FOSTER  clarified   that   the  TIFIA   program  is   being                                                               
administered under MAP-21.   The TIFIA program  is a continuation                                                               
of the program, but it  contains significant changes.  First, the                                                               
funding would consist  of $17 billion capacity,  which equates to                                                               
33  percent  of  the  eligible  capital  costs.    The  FHWA  has                                                               
indicated most of  these projects would fall under  33 percent of                                                               
capital costs eligible  rather than 49 percent.   For example, of                                                               
the  $1  billion,  $333  million  would  be  part  of  the  TIFIA                                                               
allocation.    Thus the  TIFIA's  $17  billion in  funding  would                                                               
equate to $55  billion in capital improvement funding.   To date,                                                               
26  projects  have  submitted   letters  of  interest,  including                                                               
KABATA,  he said.   The  selection  criteria is  on a  first-come                                                               
first-served  model so  if the  project meets  the criteria,  and                                                               
project is  invited to submit  an application, the  project would                                                               
basically fall  within the  TIFIA's funding  cycle.   As projects                                                               
are received,  the overall TIFIA's  capacity is lowered.   Again,                                                               
26 letters have been submitted, but  none of the 26 projects have                                                               
been invited to  submit an application to date.   The 26 projects                                                               
span 17  states, including  Alaska, but  the overall  capacity is                                                               
$17  billion.   He acknowledged  that the  KABATA has  previously                                                               
applied merely to stay in the  queue and have the U.S.-DOT remain                                                               
familiar with the  project.  Even though KABATA has  not yet been                                                               
invited to submit  an application, it did not expect  to be asked                                                               
since KABATA  has been working  on a  record of decision  and its                                                               
financial model.   However, the project has matured  to the point                                                               
of  the record  of decision,  permits, right-of-way  acquisition,                                                               
and the governor's  commitment - through the capital  budget - to                                                               
create the  reserve fund.  Once  the legislation is in  place, he                                                               
offered his belief and confidence  that KABATA will be invited to                                                               
submit  an application.   He  concluded  that would  be the  next                                                               
process under the letter of interest.                                                                                           
                                                                                                                                
2:50:31 PM                                                                                                                    
                                                                                                                                
MR. FOSTER  continued.  He  stated that  prior to being  asked to                                                               
submit an  application KABATA  would seek  a Standard  and Poor's                                                               
(S&P)  rating on  project.   In fact,  the DOR  has done  this on                                                               
KABATA's behalf.   He reported the rating for this  project is an                                                               
investment grade rating so it  also passes the TIFIA federal loan                                                               
program test.   He reaffirmed that the KAB project  would have no                                                               
impact  on state's  credit rating.   He  summarized that  the two                                                               
tests performed  by S&P  indicate the  project was  an investment                                                               
grade  - which  is  what KABATA  needs for  TIFIA  - plus,  under                                                               
KABATA's worst case  scenario will not affect  the state's credit                                                               
rating.                                                                                                                         
                                                                                                                                
2:51:31 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON turned the gavel over to Vice Chair Isaacson.                                                                   
                                                                                                                                
2:51:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked   when  TIFIA  will  invite                                                               
KABATA to submit a loan application.                                                                                            
                                                                                                                                
MR.  FOSTER indicated  that the  U.S.-DOT has  indicated that  it                                                               
will not move  forward until the commitment  from the legislature                                                               
is in place.   Due to timing,  KABATA does not want  to submit an                                                               
application  until the  mechanisms are  in place  since a  60-day                                                               
time clock  starts.  This  timeframe includes 30 days  to respond                                                               
to  KABATA on  the application  completeness, and  once complete,                                                               
the U.S.-DOT starts  its time clock to make a  determination.  He                                                               
emphasized  that the  KABATA needs  to have  the reserve  account                                                               
partially funded  through the capital  budget, the bill  needs to                                                               
be passed, and  KABATA already has the S&P rating.   Thus as soon                                                               
as legislation is  in place, the KABATA will ask  the U.S.-DOT to                                                               
move their letter of interest into a pre-application state.                                                                     
                                                                                                                                
2:53:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  understood that the  U.S.-DOT does                                                               
not want to  authorize KABATA a TIFIA loan until  the state makes                                                               
a financial commitment by funding  the reserve fund.  However, in                                                               
order  for   the  legislature  to   conduct  its   financial  due                                                               
diligence, the  state wants assurance of  KABATA's financing plan                                                               
and specifically, whether the TIFIA loan  will be in place.  Thus                                                               
one  of these  two  pieces needs  to come  first.   He  expressed                                                               
concern that  the state  would be financially  liable.   In other                                                               
words  the  state would  base  its  approval  on a  project  that                                                               
assumes a TIFIA loan, which may or may not be approved.                                                                         
                                                                                                                                
REPRESENTATIVE NEUMAN  answered that KABATA cannot  apply for the                                                               
TIFIA loan until the project exists.   This bill would create the                                                               
[Knik Arm Crossing  (KAC)] project.  The  financing mechanism for                                                               
the toll revenue  is in members' packets.  Further,  the S&P bond                                                               
ratings indicate this  is a very worthy project,  which all shows                                                               
a lot of credibility for this project exists.                                                                                   
                                                                                                                                
2:54:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS said  the  difference between  the                                                               
interest on a  TIFIA loan and a General Obligation   (GO) bond is                                                               
significant, which is why this  project is really predicated on a                                                               
TIFIA loan.                                                                                                                     
                                                                                                                                
MR. FOSTER  acknowledged the  situation is  similar to  a chicken                                                               
and egg  situation.   He viewed the  KABATA's financing  as being                                                               
similar to as pre-qualifying for  house loan before someone shops                                                               
for  a  house.   In  this  instance,  the  U.S.-DOT said  in  its                                                               
September 25, 2012  letter, "It becomes clear, that  the issue is                                                               
reasonably likely to  be resolved favorably in  the near future."                                                               
He  interpreted  this  statement  to mean  the  passage  of  this                                                               
language  [HB 23],  the creation  of  the reserve  fund, and  the                                                               
governor's  plan to  fund the  reserve fund.   Keep  in mind  the                                                               
reserve fund isn't  necessary until the bridge  is actually open.                                                               
In the event  that the project is not eligible  for a TIFIA loan,                                                               
KABATA does  not have  an alternate financial  plan.   The KABATA                                                               
would then need to evaluate  whether another financial plan is as                                                               
attractive.   He said that  TIFIA, in  some respects, would  be a                                                               
gift to this project as well as  to the multitude of the other 26                                                               
projects.   He  explained the  TIFIA structure,  such that  TIFIA                                                               
would  loan between  33-49 percent  of  eligible capital  project                                                               
costs.   He  reiterated the  private partner  would not  make any                                                               
payment on  the loan until  the bridge is  open.  In  the initial                                                               
years, the  TIFIA payment structure  is very  favorable structure                                                               
since it's  a green field  project.  Additionally, TIFIA  and the                                                               
MAP-21  funds  are  designed  to   create  new  development,  new                                                               
projects,  and  new infrastructure.    Accordingly,  TIFIA is  so                                                               
attractive to the private investor  that KABATA, on behalf of the                                                               
state, is doing  everything is can to secure the  TIFIA loan.  He                                                               
assured members that KABATA is doing  everything it can.  Even if                                                               
the reserve fund  were to be funded completely,  until a contract                                                               
is  signed, the  reserve fund  is just  sitting there.   If  some                                                               
place  along the  road the  proposals  come in  and the  criteria                                                               
can't be  met or the availability  payment can't be kept  under a                                                               
curve  that is  manageable, the  state  does not  have any  moral                                                               
obligation nor does  the state have a commitment  for the reserve                                                               
fund to be in trust, until the contract is signed, he said.                                                                     
                                                                                                                                
2:59:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  said he  views the  KABATA project  as one                                                               
which will create  1,500 jobs and $1 billion  in private industry                                                               
investment.   He  said he  chaired  the House  Health and  Social                                                               
Services Standing Committee and the  number of people who applied                                                               
for  food stamps  has doubled.   He  offered his  belief that  $3                                                               
billion capital  budgets are gone.   He encouraged  the committee                                                               
to consider this  project because otherwise what  will the future                                                               
look like without these jobs.                                                                                                   
                                                                                                                                
[HB 23 was held over.]                                                                                                          

Document Name Date/Time Subjects
HB 23 vers A.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB 23 Sponsor Statement.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB 23 Common Myths of Knik Arm Crossing.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB 23 Imp of Legislation to TIFIA Loan.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB 23 KABATA Fact Slides.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB 23 KABATA Summary Short Version.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB23 2012 Gov TIFIA Letter of Interest.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB23 ISER LTR.pdf HTRA 2/28/2013 2:00:00 PM
HB 23
HB23 KABATA ATA 20130228.doc HTRA 2/28/2013 2:00:00 PM
HB 23
HB023-DOT-KABATA-2-23-13.pdf HTRA 2/28/2013 2:00:00 PM
HB 23