Legislature(1993 - 1994)

04/06/1993 08:06 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SENATE BILL NO. 171                                                          
                                                                               
       An  Act  relating  to  the  contracting  and  financing                 
       authority of  the  Alaska  Industrial  Development  and                 
       Export  Authority, giving approval  of the  issuance of                 
       the  authority's  revenue   bonds,  and  delaying   the                 
       termination date of the authority's business assistance                 
       program; and providing for an effective date.                           
                                                                               
  Co-chair  Pearce directed  that  SB 171  be  brought on  for                 
  discussion and pointed to a letter of support from TESORO as                 
  well as information  from the Mat-Su Borough (copies on file                 
  in the original Senator  Finance bill file for SB 171 at the                 
  Legislative Finance Division).                                               
                                                                               
  DON MOORE,  Manager, Matanuska-Susitna Borough,  came before                 
  committee.     Senator   Kerttula  observed   that  recently                 
  distributed  material   relating  to   the  Midrex   project                 
  indicates  that the borough  has already  funded $2,095,000.                 
  Mr. Moore responded affirmatively.  Senator Kerttula further                 
  noted that when  the state provided  moneys for the road  to                 
  Point MacKenzie, funding  was justified not only  by the new                 
  lands project, but  by expectation of  ultimate construction                 
  of a port.   With connection  via causeway to Anchorage,  it                 
  was expected that Pt. MacKenzie  would become the industrial                 
  area of Anchorage.                                                           
                                                                               
  (Senator Kelly arrived at the meeting at this time.)                         
                                                                               
                                                                               
  Senator Sharp also noted a letter of support for the project                 
  from Mayor Jim  Sampson of the Fairbanks  North Star Borough                 
  (copy on file).                                                              
                                                                               
  Co-chair   Pearce   queried  members   regarding  additional                 
  questions   on  either   the  fuel  consortium   project  or                 
  continuation of the small business  program contained within                 
  SB 171.  No questions were raised.  Co-chair Pearce directed                 
  that the meeting be briefly recessed.                                        
                                                                               
                       RECESS - 8:15 a.m.                                      
                      RECONVENE - 8:20 a.m.                                    
                                                                               
  When  the  meeting was  reconvened,  Senator Rieger  posed a                 
  question regarding AIDEA  payment of dividends to  the state                 
  similar to those paid  by AHFC.  Mr. Snell pointed to recent                 
  independent analysis conducted by Bartle Wells Associates on                 
  behalf  of the Legislative Budget and Audit Committee.  That                 
  analysis indicates  that harm  might occur  to AIDEA's  bond                 
  rating should  moneys be  removed from  the authority.   Mr.                 
  Snell acknowledged that  the legislature has the  ability to                 
  appropriate   unrestricted   surpluses  from   AIDEA.     He                 
  reiterated that  such action would have a material affect on                 
  access  to  capital.    Mr.  Snell stressed  that  dividends                 
  provided to the state  by AIDEA are in the form  of jobs and                 
  economic development.   Senator Rieger  advised that he  had                 
  not  come  to  the same  conclusion  as  the  analysis.   He                 
  suggested that the appropriate form of a dividend would be a                 
  fraction of the annual earnings of the corporation.  This is                 
  particularly true since  the authority appears to  be moving                 
  in  the  direction of  equity  ownership rather  than merely                 
  serving as a financier.                                                      
                                                                               
  In  response  to a  further comment  by Senator  Rieger, Mr.                 
  Snell acknowledged that  last year AIDEA generated  revenues                 
  of $40  million.  He noted that a  portion of the revenue is                 
  restricted by Red Dog Mine  bonds, leaving approximately $21                 
  or $22 in unrestricted revenues.                                             
                                                                               
  Co-chair Pearce directed attention  to revised amendment no.                 
  1 which she explained would add projects and funding amounts                 
  to  title language  and authorize  AIDEA to  issue bonds  to                 
  finance the Midrex project  at Port MacKenzie in  the amount                 
  of  $50  million.    Senator  Kerttula MOVED  for  adoption.                 
  Senator Rieger OBJECTED.                                                     
                                                                               
  Senator  Kelly referred  to  amendment no.  2  and asked  if                 
  funding the Anchorage airport fueling facility via a general                 
  obligation rather than revenue bond would allow the facility                 
  to be taxed  by the  Municipality of Anchorage.   Mr.  Snell                 
  explained  that  development/finance  projects  where  AIDEA                 
  retains ownership include agreements relating to payments in                 
  lieu  of taxes.  Under those  agreements the principal users                 
  must reach agreements with local  municipalities.  That type                 
                                                                               
                                                                               
  of agreement would be used for this project as well.                         
                                                                               
  (Senator Jacko arrived at the meeting at this time.)                         
                                                                               
  In response  to inquiries from Co-chair Frank and the above-                 
  noted objection posed by Senator  Rieger, JOHN OLSON, Deputy                 
  Director, Development, AIDEA, Dept. of Commerce and Economic                 
  Development, came before committee.  He pointed to  a packet                 
  of  information (copy on file in the original Senate Finance                 
  file for SB 171)  and explained that it attempts  to address                 
  three concerns, raised at the previous meeting, relating to:                 
                                                                               
       1.   Presentation of the  projects in the  early stages                 
  of                                                                           
                 development.                                                  
                                                                               
       2.   Ownership by  AIDEA rather  than the  rendering of                 
  merely                                                                       
                 financial services by the authority.                          
                                                                               
       3.   AIDEA's general obligation pledge versus issue of                  
                 revenue bonds.                                                
                                                                               
  Speaking to the  need for  authorization while the  projects                 
  are in the early stages of development, Mr. Olson pointed to                 
  statutory  safeguards enacted  by the  legislature to  guide                 
  AIDEA in the conduct of its business.  He noted that private                 
  development projects often  reach the point where  they must                 
  proceed at a  time when the  legislature is not in  session.                 
  Mr.  Olson  next  outlined safeguards  set  forth  within AS                 
  44.88.095(c and d).                                                          
                                                                               
  Directing  attention  to  the third  item  above,  Mr. Olson                 
  explained  that "general obligation" and "revenue" are terms                 
  used to separate bonds that do or do not have the full faith                 
  and credit of the authority.  Buyers view all bond issues as                 
  revenue bonds.  AIDEA attempts to  place as many projects as                 
  possible  under "revenue"  status  because AIDEA's  "general                 
  obligation"  credit  is finite.    It varies  depending upon                 
  AIDEA's balance sheet.   This credit  is used carefully  and                 
  when necessary  to get a  project moving once  all statutory                 
  safeguards have been  addressed.   AIDEA is compensated  for                 
  use of its  pledge by an  interest rate markup and  earnings                 
  from the project once the debt is paid off.                                  
                                                                               
  Mr.  Olson next spoke to  ownership status, advising that by                 
  retaining ownership,  AIDEA can obtain tax-exempt  bonds for                 
  the  project.  The development/finance program envisioned in                 
  AS 44.88. 172 takes  advantage of this provision in  the IRS                 
  code  for  ports,  airports, and  various  utility projects.                 
  These projects  are to  be operated  by the  private sector.                 
  Lack of ownership  would require  issuance of taxable  bonds                 
  which would  substantially diminish the  advantages of AIDEA                 
  and  the competitive position  of the project.   Under those                 
                                                                               
                                                                               
  circumstances  the project may not  go forward.  Funding for                 
  projects  is  safeguarded  by  statutory  requirements   and                 
  prudent use of authority assets.                                             
                                                                               
  Mr.  Olson   further  spoke  to   reimbursement  agreements,                 
  feasibility   analyses,  and   user  agreements   and  noted                 
  requirements associated with each.                                           
                                                                               
  Discussion followed  between  Senator Rieger  and Mr.  Snell                 
  regarding financial consequences  of the recently  announced                 
  layoffs and closure of the Skagway  ore terminal.  Mr. Snell                 
  advised that the company remains in full compliance with all                 
  payments to the authority.  AIDEA is concerned regarding the                 
  credit worthiness of the company.  The company is the victim                 
  of a depressed  metals market.   AIDEA believes that in  the                 
  long term the project will provide anticipated returns.                      
                                                                               
  Senator  Rieger  maintained  his  objection  to  adoption of                 
  revised amendment no. 1.  He concurred in legislative action                 
  to demonstrate support for the project,  desire to see it go                 
  forward,  and  intent to  approve  state  participation upon                 
  appropriate terms,  but questioned  whether approval of  $50                 
  million  in  bonds  was an  appropriate  expression  of that                 
  support.  Co-chair  Frank said that  as a policy matter  the                 
  legislature must decide  whether it has confidence  in AIDEA                 
  to make a proper determination of whether or not the project                 
  is  feasible.  He concurred that if the proposed legislation                 
  contained a loan commitment or  granted credit, action would                 
  be  premature.   Passage  of  the legislation  indicates the                 
  project fits politically  and conceptually, and if  it meets                 
  all statutory safeguards, it should go forward.                              
                                                                               
  Co-chair Pearce called  for additional comments.   None were                 
  forthcoming.  She then  directed that the roll be  called on                 
  revised amendment no. 1:                                                     
                                                                               
       YEA:   Sharp, Kerttula, Kelly, Jacko, Frank, Pearce                     
       NAY:   Rieger                                                           
                                                                               
  Revised amendment no. 1 (Midrex) was  thus ADOPTED on a vote                 
  of 6 to 1.                                                                   
                                                                               
  Co-chair Pearce next  directed attention to amendment  no. 2                 
  which she  explained would  delete the  word "revenue"  from                 
  language relating to the  Anchorage airport fueling facility                 
  project.  Senator  Sharp MOVED for  adoption.  No  objection                 
  having been raised amendment no. 2 was ADOPTED.                              
                                                                               
  Co-chair Pearce directed  that both revised amendment  no. 1                 
  and amendment  no. 2 be incorporated within a Senate Finance                 
  Committee Substitute for  SB 171.  She  then queried members                 
  regarding disposition of  the bill.  Senator  Kerttula MOVED                 
  that CSSB 171 (Finance) pass  from committee with individual                 
  recommendations.   Senator Jacko OBJECTED.   Co-chair Pearce                 
                                                                               
                                                                               
  directed that  the roll  be called  on passage  of CSSB  171                 
  (Finance):                                                                   
                                                                               
       YEA:   Kelly, Kerttula, Rieger, Sharp, Frank, Pearce                    
       NAY:   Jacko                                                            
                                                                               
  The motion for  passage of CSSB  171 (Finance) CARRIED on  a                 
  vote of 6 to 1, and  CSSB 171 (Finance) was REPORTED OUT  of                 
  committee with a zero fiscal note from the Dept. of Commerce                 
  and Economic Development.   Co-chairs  Pearce and Frank  and                 
  Senators  Kelly, Kerttula,  and  Sharp signed  the committee                 
  report  with  a "do  pass"  recommendation.   Senator Rieger                 
  signed "no recommendation."   Senator Jacko signed  but made                 
  no recommendation.                                                           
                                                                               
  [See pages 20-21 for further action on this bill.]                           
                                                                               
                                                                               
  SENATE BILL NO. 171                                                          
                                                                               
                                                                               
       An  Act  relating  to  the  contracting  and  financing                 
       authority  of  the  Alaska Industrial  Development  and                 
       Export Authority,  giving approval of  the issuance  of                 
       the  authority's   revenue  bonds,  and   delaying  the                 
       termination date of the authority's business assistance                 
       program; and providing for an effective date.                           
                                                                               
  Senator  Kerttula MOVED to  rescind committee action passing                 
  CSSB 171 (Finance) from committee.  No objection having been                 
  raised, IT WAS  SO ORDERED.   CSSB 171  (Finance) was  again                 
  before committee.                                                            
  SENATOR JOHNNY ELLIS came before  committee, asking that the                 
  substance of SB 16 (AIDEA BONDS: ANCHORAGE SEAFOOD FACILITY)                 
  be incorporated within CSSB 171  (Finance).  He then offered                 
  an amendment to that effect.                                                 
                                                                               
  (Recording  problem.  Minutes relating to action on CSSB 171                 
  (Finance) and testimony  on SB  57 reflect transcription  of                 
  shorthand notes.  There is no recording.)                                    
                                                                               
  Co-chair Pearce  directed that  the amendment be  designated                 
  Amendment No. 3 and called for objections.  She also advised                 
  of  her  preference  for  inclusion  of all  three  projects                 
  contained  in  CSSB  171  (Finance)  within  title language.                 
  Senator Kerttula MOVED for adoption of Amendment No. 3 and a                 
  listing  of  the projects  within  title language.   Senator                 
  Kelly initially OBJECTED  and then  WITHDREW his  OBJECTION.                 
  Senator Rieger  reiterated  his  earlier  expressed  concern                 
  regarding  lack  of  information  associated  with  projects                 
  within the bill.  Co-chair Pearce called for a show of hands                 
  on the motion.  The motion CARRIED on a vote  of 5 to 1, and                 
  AMENDMENT NO. 3 and the TITLE CHANGE were ADOPTED.                           
                                                                               
  Senator  Kerttula  then  MOVED  for   passage  of  CSSB  171                 
  (Finance)  with individual  recommendations.   No  objection                 
  having  been raised, CSSB 171  (Finance) was REPORTED OUT of                 
  committee  with  a  zero  fiscal noted  from  the  Dept.  of                 
  Commerce  and Economic  Development.   Co-chair  Pearce  and                 
  Senators  Kelly, Kerttula,  and Sharp  signed the  committee                 
  report  with  a "do  pass"  recommendation.   Senator Rieger                 
  signed "no recommendation."   Senator  Jacko signed  without                 
  making a recommendation.                                                     
                                                                               

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