Legislature(1999 - 2000)

04/19/2000 09:21 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
     SENATE CS FOR CS FOR HOUSE BILL NO. 304(RES)                                                                               
     "An Act relating to issuance  and sale of revenue bonds                                                                    
     to fund  drinking water projects,  to the  Alaska clean                                                                    
     water  fund,  to  creation of  an  Alaska  clean  water                                                                    
     administrative  fund  and   an  Alaska  drinking  water                                                                    
     administrative  fund,   to  fees   to  be   charged  in                                                                    
     connection with loans made from  the Alaska clean water                                                                    
     fund  and  the  Alaska  drinking  water  fund,  and  to                                                                    
     clarification of the character  and permissible uses of                                                                    
     the  Alaska  drinking  water  fund;  amending  Rule  3,                                                                    
     Alaska Rules  of Civil Procedure; and  providing for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
DAN EASTON,  Director, Division  of Facility  Construction &                                                                    
Operation,   Department   of   Environmental   Conservation,                                                                    
explained  that  HB  304 addresses  the  low  interest  loan                                                                    
program.  Low interest State  loans from the Alaska Drinking                                                                    
Water   Fund  and   the  Alaska   Clean  Water   Fund  offer                                                                    
municipalities the means to build  drinking water and sewage                                                                    
facility projects.   The bill  would allow the State  to use                                                                    
revenue bonds to capitalize the Alaska Drinking Water Fund.                                                                     
                                                                                                                                
He continued, both the Drinking  Water and Clean Water funds                                                                    
are capitalized by annual federal  grants that require a 20%                                                                    
State  match.   Bond revenues  will help  provide the  State                                                                    
match for  federal drinking water  project money.   However,                                                                    
the State  is only  authorized to sell  bonds for  the Clean                                                                    
Water Fund.   It would  make sense to extend  the leveraging                                                                    
power to the Drinking Water Fund.                                                                                               
                                                                                                                                
As with existing law, the  bill would require the State Bond                                                                    
Committee to  conduct its activities  in the  best interests                                                                    
of the  State, in  a manner that  would accomplish  the most                                                                    
advantageous  sale  of the  bonds.    The legislation  would                                                                    
provide for a new, self-supporting  structure to pay for the                                                                    
costs of operating these important loan programs.                                                                               
                                                                                                                                
Mr. Easton  advised that  the bill had  been amended  in the                                                                    
Senate  Resources  Committee  to  stipulate  how  to  charge                                                                    
interest to private and public utilities.                                                                                       
                                                                                                                                
Co-Chair Torgerson  asked if  the Department  was supportive                                                                    
of the amendment adopted in the Senate Resources Committee.                                                                     
                                                                                                                                
Mr. Easton replied that the  Department could administer the                                                                    
bill  either way.   It  becomes  a question  of whether  the                                                                    
State  wants   to  "level  the  playing   field"  between  a                                                                    
privately  owned utility  and  the  public owned  utilities.                                                                    
The amendment does not address  that concern.  He noted that                                                                    
the agency does not have a position on the amendment.                                                                           
                                                                                                                                
Senator P.  Kelly suggested that the  private utility owners                                                                    
would have to  pay the higher costs, which would  need to be                                                                    
passed  on to  the customer.   He  recommended deleting  the                                                                    
previous adopted amendment.                                                                                                     
                                                                                                                                
Senator  Adams   asked  if  that   language  was   the  only                                                                    
difference  between  the  two   versions.    He  recommended                                                                    
adopting the previous version of the bill.                                                                                      
                                                                                                                                
Mr. Easton   stated that was the only change  from the House                                                                    
version.                                                                                                                        
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #99, Side B    10:24 am                                                                                          
                                                                                                                                
                                                                                                                                
Senator Green questioned  if there would be  an advantage to                                                                    
privately owned, publicly regulated utilities.                                                                                  
                                                                                                                                
Senator P.  Kelly noted that the  Senate Resources Committee                                                                    
version was  attempting to  address information  proposed by                                                                    
the State  Bond Council.   Whether private or  public, there                                                                    
would be  no accrual;  costs can not  accrue to  the utility                                                                    
owner.   The  costs  will be  passed on.    The only  people                                                                    
affected  would  be the  ratepayers.    He agreed  that  the                                                                    
playing field would not be leveled between utility owners.                                                                      
                                                                                                                                
Senator  Leman commented  that if  the State  allows private                                                                    
utilities to borrow at similar  rates as the municipalities,                                                                    
they could make  less money available for others  needs.  He                                                                    
asked if that would be a danger.                                                                                                
                                                                                                                                
Mr. Easton  replied that the  funds have  done well.   It is                                                                    
expected that they  will continue to grow  and that "sharing                                                                    
the pie" would not be a problem.                                                                                                
                                                                                                                                
Senator  Green  addressed   the  investment,  borrowing  and                                                                    
funding choices and how that would affect the whole.                                                                            
                                                                                                                                
Senator  P.   Kelly  mentioned  that  the   party  with  the                                                                    
advantage or  disadvantage would be  the ratepayer.   It has                                                                    
been  clarified  that the  utility  owner  does not  receive                                                                    
either the advantage or the disadvantage accrued.                                                                               
                                                                                                                                
Senator  Leman  stated  that  any   utility  would  want  an                                                                    
"advantage" in order to keep  their customers satisfied.  It                                                                    
would be  to their advantage  to finance less  costly money.                                                                    
He  reiterated  that  the  utilities  should  have  a  level                                                                    
playing field in the State of Alaska.                                                                                           
                                                                                                                                
Senator P. Kelly MOVED a  conceptual Amendment #1 to the "M"                                                                    
version  of  the legislation,  Page  7,  Lines 21-22.    The                                                                    
language  would  delete  the  underlined  words  and  insert                                                                    
"interest  rates  for  each  class  of  borrowers  shall  be                                                                    
established as the  same percentage of market  rate index as                                                                    
appropriate  to that  class of  borrowers".   He noted  that                                                                    
language would need  to be changed on Page  11, Lines 10-11,                                                                    
following "fund".                                                                                                               
                                                                                                                                
Senator Green OBJECTED.                                                                                                         
                                                                                                                                
Senator Phillips asked the concern.                                                                                             
                                                                                                                                
Senator P.  Kelly replied  that the  issue is  that language                                                                    
would   provide  higher   rates  of   interest  to   private                                                                    
regulating utilities.   All those  rates would be  passed on                                                                    
to customers.   He believed that the  revised language would                                                                    
level the playing field.                                                                                                        
                                                                                                                                
Senator Phillips asked if the  loan program was available to                                                                    
both the private and the public utility companies.                                                                              
                                                                                                                                
Senator P. Kelly replied it was.                                                                                                
                                                                                                                                
SENATOR  HALFORD explained  that the  language would  open a                                                                    
new  program  to  private  utilities.   He  noted  that  the                                                                    
concern is  that private utilities  reduce the  total amount                                                                    
money available for the public  utilities.  Opening to a new                                                                    
class would not  be a beneficial action.   Private utilities                                                                    
save under  the version  of the  bill before  the Committee,                                                                    
whereas, the amendment could jeopardize that fund.                                                                              
                                                                                                                                
Senator P. Kelly  pointed out that Mr.  Easton had indicated                                                                    
that would not be an issue.                                                                                                     
                                                                                                                                
Senator  Wilken   declared  a   conflict  of   interest  and                                                                    
requested to abstain from voting.                                                                                               
                                                                                                                                
Senator Leman OBJECTED.                                                                                                         
                                                                                                                                
Co-Chair  Torgerson  noted  that Senator  Wilken's  conflict                                                                    
would be indicated in the record.                                                                                               
                                                                                                                                
A roll call vote was taken  on the motion to adopt Amendment                                                                    
#1.                                                                                                                             
                                                                                                                                
IN FAVOR:      Wilken, P. Kelly, Leman, Adams, Torgerson                                                                        
OPPOSED:       Green, Phillips                                                                                                  
                                                                                                                                
Senator Donley abstained from voting.                                                                                           
                                                                                                                                
Senator Parnell was not present for the vote.                                                                                   
                                                                                                                                
The MOTION PASSED (5-2).                                                                                                        
                                                                                                                                
Senator  Leman referenced  Page 8,  noting that  on Line  8,                                                                    
"waste water" should instead be "wastewater".                                                                                   
                                                                                                                                
ANDY  WARWICK, (Testified  via Teleconference),  Clean Water                                                                    
Fund/Drinking  Water   Fund,  Department   of  Environmental                                                                    
Conservation, Fairbanks, offered to  answer questions of the                                                                    
Committee.                                                                                                                      
                                                                                                                                
MIKE   BURNS,   (Testified  via   Teleconference),   Program                                                                    
Manager,  Municipal Matching  Grants,  Division of  Facility                                                                    
Construction  &   Operation,  Department   of  Environmental                                                                    
Conservation,  Anchorage,  voiced appreciation  for  actions                                                                    
that  the Committee  had  taken. He  offered  to answer  any                                                                    
questions of the Committee.                                                                                                     
                                                                                                                                
Senator Leman  MOVED to report  SCS CS  HB 304 (FIN)  out of                                                                    
Committee  with  individual  recommendations  and  with  the                                                                    
accompanying  fiscal notes.   There  being NO  OBJECTION, it                                                                    
was so ordered.                                                                                                                 
                                                                                                                                
SCS  CS HB  304 (FIN)  was  reported out  of Committee  with                                                                    
"individual  recommendations"  and   with  fiscal  notes  by                                                                    
Department of  Environmental Conservation dated  4/10/00 and                                                                    
Department of Revenue dated 12/22/99.                                                                                           

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