Legislature(2001 - 2002)

03/26/2002 09:19 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
     CS FOR SENATE BILL NO. 280(RES)                                                                                            
     "An Act permitting grants to certain regulated public                                                                      
     utilities for water quality enhancement projects and water                                                                 
     supply and wastewater systems."                                                                                            
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SENATOR GENE THERRIAULT,  sponsor of the bill, reported  that "under                                                            
current law, privately  owned public water and wastewater  utilities                                                            
are not  eligible  to participate"  in certain  State grant  funding                                                            
opportunities. He commented  this ineligibility places the privately                                                            
owned  utilities'  ratepayers at  a  disadvantage when  compared  to                                                            
ratepayers  of  municipally  owned  utilities.   He  explained  this                                                            
legislation  provides "for  inclusion of  privately-owned water  and                                                            
waste  water utilities  in  the  State water  and  wastewater  grant                                                            
program, if the Regulatory  Commission of Alaska (RCA) regulates the                                                            
rates."  He noted  that the Senate  Resources  Committee version  of                                                            
this bill "removes criteria  inserted by the Senate Labor & Commerce                                                            
Committee"  stipulating that the utility  must serve as the  primary                                                            
utility for the municipality.  He explained the Resources version of                                                            
the bill  thereby expands  the "pool"  of utilities  the bill  would                                                            
apply to.                                                                                                                       
                                                                                                                                
Senator Therriault  noted "that regulation  by the RCA ensures  that                                                            
all the  economic benefits  of these grants"  would provide  funding                                                            
for utilities'  upgrades and expansions  without forcing  ratepayers                                                            
to burden the expense.  He furthered that this bill would also allow                                                            
utilities  "to expand  in areas that  are on the  peripheral  of the                                                            
existing system, thereby  providing water and wastewater services to                                                            
families" who are currently outside of the service area.                                                                        
                                                                                                                                
Senator Therriault  noted the Resources  Committee substitute  makes                                                            
grants  available   for  public  water  and  wastewater   utilities;                                                            
however,   restricts  grants   for  solid   waste  improvements   to                                                            
municipality owned utilities.                                                                                                   
                                                                                                                                
Senator Therriault  summarized  the intent of  this bill is  to make                                                            
grant funds available to  provide Alaska's residents with safe water                                                            
and sewer regardless of  whether the water and wastewater utility is                                                            
owned by a municipality or a private group.                                                                                     
                                                                                                                                
Senator Therriault  reiterated that  the Labor & Commerce  Committee                                                            
version of  this bill is  more narrowly drafted  than the  Resources                                                            
Committee   version;  therefore,   a  zero  fiscal  note   from  the                                                            
Department  of Environmental  Conservation  accompanies the  Labor &                                                            
Commerce Committee's  version, while a $93,000 fiscal  note from the                                                            
Department accompanies the broader Resources Committee version.                                                                 
                                                                                                                                
Co-Chair  Kelly  inquired  if Senator  Therriault  agrees  with  the                                                            
analysis supporting the $93,000 fiscal note.                                                                                    
                                                                                                                                
Senator Therriault responded  the Resources Committee version allows                                                            
for a larger  pool of utilities to  qualify for the grants;  and not                                                            
all of  them have sophisticated  accounting  systems or are  sizable                                                            
entities with  a sufficient number of employees to  manage the grant                                                            
application process.  He continued that the Resources  version would                                                            
allow small utilities such  as trailer park operators, who might not                                                            
have much grant  processing expertise,  to apply for the  grants. He                                                            
commented this  might result in the  State needing to provide  staff                                                            
to assist recipients during  the grant process; therefore, he noted,                                                            
some of the fiscal note is legitimate.                                                                                          
                                                                                                                                
Senator Therriault  communicated to the Committee  that the language                                                            
of the bill  is drafted to apply to  utilities statewide,  and would                                                            
allow municipally  owned water  and waste  water utilities  that are                                                            
grappling  with privatizing  their utilities  to make that  decision                                                            
without  being  burdened  with  complying  with  the  current  grant                                                            
funding restrictions.                                                                                                           
                                                                                                                                
Senator Olson  asked why the initial grant program  excludes private                                                            
water and wastewater utilities.                                                                                                 
                                                                                                                                
Senator Therriault responded  that initially, municipalities managed                                                            
most of the systems and current scenarios were not anticipated.                                                                 
                                                                                                                                
ANDY WARWICK,  Chair, Board of Directors,  Fairbanks Water  & Sewer,                                                            
Inc., testified  via teleconference from Fairbanks,  and voiced that                                                            
Fairbanks Water  & Sewer's customers  would be "favorably"  impacted                                                            
by the passage of this bill.                                                                                                    
                                                                                                                                
Senator  Therriault  commented  that the  Regulatory  Commission  of                                                            
Alaska  (RCA) would not  permit any  grant monies  used to expand  a                                                            
facility  to  be  calculated  as  part  of the  rates  paid  by  the                                                            
utility's users.  He clarified that ratepayers could  not be charged                                                            
as if the utility  had acquired a  loan or invests private  capital;                                                            
therefore, "because  of the RCA rate regulation, the  benefit of the                                                            
grant does flow through to the individual ratepayer."                                                                           
                                                                                                                                
Senator  Green asked  if a  utility's  ratepayers  would absorb  the                                                            
costs of improvements if a grant were not in place.                                                                             
                                                                                                                                
Senator  Therriault  noted  that costs  incurred  for improvements,                                                             
upgrades,  expansions  and  the  like  would  be passed  on  to  the                                                            
ratepayers if a private or commercial loan were in place.                                                                       
                                                                                                                                
Senator  Green asked if  RCA has different  criteria considerations                                                             
for  grant   requests  from  a  municipally   owned  utility   grant                                                            
application compared to a privately owned for profit utility.                                                                   
                                                                                                                                
WILL  ABBOTT,   Commissioner,  Regulatory   Commission  of   Alaska,                                                            
Department  of Community  and Economic  Development,  testified  via                                                            
teleconference   from   Anchorage  and   responded   there  are   no                                                            
differences in the process.                                                                                                     
                                                                                                                                
Senator Green inquired  how many utilities would be affected by this                                                            
legislation.                                                                                                                    
                                                                                                                                
Senator  Therriault answered  that 36 utilities  are eligible  under                                                            
current  regulations,  with  projections  of  another  50  utilities                                                            
qualifying  under the Resources Committee  version and a  relatively                                                            
small number  of additional utilities  qualifying under the  Labor &                                                            
Commerce Committee version.                                                                                                     
                                                                                                                                
Senator  Green  asked  for  characteristics  and  locations  of  the                                                            
additional utilities.                                                                                                           
                                                                                                                                
Senator Therriault responded  that the additional 50 utilities would                                                            
include small ones such as trailer parks and some subdivisions.                                                                 
                                                                                                                                
Senator Green  requested a list of the utilities be  supplied to the                                                            
Committee.  She  asked  if an  option  for  low-interest  loans  was                                                            
considered, as  she is concerned the expansion of  the program might                                                            
compete with other statewide requests for grant funding.                                                                        
                                                                                                                                
Senator  Therriault   noted  that   other  legislation  does   allow                                                            
utilities to be eligible  for the State's low-interest loan program;                                                            
however, he  agreed that the Resources  "version of the bill  brings                                                            
in a lot of new competitors for the available grant dollars."                                                                   
                                                                                                                                
Senator  Ward asked  for clarification  that the  fiscal note  would                                                            
provide Department  support  to the fifty  new utilities that  might                                                            
apply for the grants.                                                                                                           
                                                                                                                                
Senator Therriault responded  in the affirmative, as a number of the                                                            
utilities  have never participated  in the  grant program and  would                                                            
need assistance in the application process.                                                                                     
                                                                                                                                
Senator  Ward asked  why  assisting  these utilities  in  completing                                                            
their grant  applications  would result in  the need for  additional                                                            
staff.                                                                                                                          
                                                                                                                                
Senator Therriault  responded that  in any application process,  the                                                            
Department provides assistance  to the applicants. He commented that                                                            
municipalities  that  have previously  applied  for  the grants  are                                                            
familiar with the process.                                                                                                      
                                                                                                                                
Senator  Ward  questioned  why  it  is  the  responsibility  of  the                                                            
Department to assist in helping people apply for these grants.                                                                  
                                                                                                                                
Senator Green noted that grant writing is the issue.                                                                            
                                                                                                                                
Senator  Leman  questioned  if the  owner's  equity increases  as  a                                                            
result of the  grant supported improvements, and who  is compensated                                                            
for the improvements if the utility is sold to another party.                                                                   
                                                                                                                                
Senator  Therriault responded  that if improvements  were made,  the                                                            
value  of  the  asset  would  increase;  however,   RCA regulations                                                             
guarantee that ratepayers  could not be charged for the improvements                                                            
through paying higher rates.                                                                                                    
                                                                                                                                
Senator  Therriault commented  that  the asset base  of the  utility                                                            
does increase  regardless  of whether  it is  publicly or  privately                                                            
owned. He  reiterated that  the underlying  goal is to provide  safe                                                            
water and sewer systems to Alaskans.                                                                                            
                                                                                                                                
Senator  Leman asked  if the  RCA  grant regulations  would  protect                                                            
ratepayers  from paying higher  rates to a  new owner who  purchased                                                            
the grant-improved utility.                                                                                                     
                                                                                                                                
Mr.  Abbott   clarified  that  the   increased  assets  are   called                                                            
"contributed  capital,"  and "recorded  in the  books," they  remain                                                            
there.  He  continued   that  if  the  facility  transfers   from  a                                                            
municipally  owned to  a privately  owed business,  the contributed                                                             
capital remains  on the books, and  the new owner could not  claim a                                                            
rate of return from it.                                                                                                         
                                                                                                                                
Co-Chair  Kelly  surmised  that the  contributed  capital  would  be                                                            
reflected in the sale price.                                                                                                    
                                                                                                                                
Mr. Abbot responded that would be correct.                                                                                      
                                                                                                                                
Senator  Austerman  asked for  further  clarification  of the  value                                                            
process when a  private utility sells its grant improved  utility to                                                            
another private enterprise.                                                                                                     
                                                                                                                                
Senator  Therriault stated  the assets  transfer  from one owner  to                                                            
another;  however,   any  improvements  resulting   from  grants  as                                                            
"contributed capital"  remain "on the books." He furthered  that the                                                            
new  owner would  not be  paying  for something  that  could not  be                                                            
recouped.                                                                                                                       
                                                                                                                                
Co-Chair  Kelly noted  the improvements  could be  reflected in  the                                                            
sale price of the utility,  but could not be reflected in the rates.                                                            
                                                                                                                                
Senator Austerman commented  that state grants would enable an owner                                                            
to "build  a bigger  and  better machine,"  which  would garner  the                                                            
current owner  more profit  when the utility  is sold regardless  of                                                            
the rate structure.                                                                                                             
                                                                                                                                
Co-Chair Kelly concurred,  but stressed the new owner would be aware                                                            
"that a  certain portion  of that  asset you can't  recoup costs  on                                                            
through the rate structure."                                                                                                    
                                                                                                                                
Senator  Austerman  responded  that if  a  utility is  improved  and                                                            
enlarged, it  could serve more customers  and reap more revenue  and                                                            
other benefits.                                                                                                                 
                                                                                                                                
Senator  Ward voiced  the  understanding  that these  grant  dollars                                                            
could not be used for expansion, but only for refurbishing.                                                                     
                                                                                                                                
Senator  Therriault  corrected that  the grants  could  be used  for                                                            
expansion or for refurbishment of a utility.                                                                                    
                                                                                                                                
Senator  Ward noted  that using  grant  money for  maintenance  on a                                                            
utility would "free up"  the owner's money for other expansion needs                                                            
and, in  this situation,  the expansion would  not be classified  as                                                            
contributed capital.                                                                                                            
                                                                                                                                
Mr. Abbott concurred.                                                                                                           
                                                                                                                                
Senator Ward  furthered that  if a utility  received a five  million                                                            
dollar  grant and  used those funds  for maintenance  expenses,  and                                                            
subsequently  invested  five million  dollars  of private  funds  to                                                            
expand their facility,  the expansion would be treated  as an asset.                                                            
                                                                                                                                
Again, Mr. Abbott concurred.                                                                                                    
                                                                                                                                
Senator Therriault  stated his understanding that  the dollar amount                                                            
of the grant would  be considered as contributed capital,  no matter                                                            
what it is used for, and;  therefore, could not be considered in the                                                            
rate base.                                                                                                                      
                                                                                                                                
Mr. Abbott concurred.                                                                                                           
                                                                                                                                
                                                                                                                                
SFC 02 # 42, Side B 10:07 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator Ward  reiterated that  if a private  utility receives  grant                                                            
money  for maintenance  needs; this  would essentially  free up  the                                                            
owner's money  for capital improvements.  He asserted that  by using                                                            
grant money in this fashion,  the owner's capital improvements would                                                            
increase the value  of the utility because those improvements  would                                                            
not be classifieds as grant capital improvements.                                                                               
                                                                                                                                
Mr. Abbott  stated that regardless  of how a grant is utilized  by a                                                            
utility the funds  are considered contributed capital  from which an                                                            
owner could  not profit.  He furthered that  the cost of  expansions                                                            
and improvements  made to the utility  using private funds  could be                                                            
recouped with rate increases.                                                                                                   
                                                                                                                                
Senator Ward  questioned if the RCA,  in its grant request  process,                                                            
reviews an entire utility's operation.                                                                                          
                                                                                                                                
Mr.  Abbott responded  that  all components  are  considered by  RCA                                                            
during the grant request process.                                                                                               
                                                                                                                                
Senator Green  questioned the previous  sale of the Fairbanks  North                                                            
Star  Borough  water and  wastewater  utility  to a  private  entity                                                            
considering that the municipally  owned utility would have qualified                                                            
for State grants.                                                                                                               
                                                                                                                                
Senator Therriault responded  that the sale of the Fairbanks utility                                                            
to a private entity  disqualified the utility from  applying for the                                                            
grants. He  opined the  Fairbanks North Star  Borough's decision  to                                                            
sell its utility "was a  smart decision" because the privately owned                                                            
group managing  the utility has upgraded  the utility and  made it a                                                            
much more  efficient  operation. He  predicted  that numerous  local                                                            
governments  would be grappling with  the decision as to  whether to                                                            
sell their water and wastewater  utilities in the upcoming years. He                                                            
questioned  if,  in  the  pursuit  of  achieving  higher  levels  of                                                            
efficiency, the  current eligibility for grants criteria  might be a                                                            
deterrent.                                                                                                                      
                                                                                                                                
Senator Green  asserted the for-profit  nature of private  ownership                                                            
would "set it apart" from  publicly owned facility where the revenue                                                            
generated   supports   the  facility   or   is  deposited   into   a                                                            
municipality's budget.                                                                                                          
                                                                                                                                
Senator  Therriault  contended  that  much  of  the  profit  in  the                                                            
Fairbanks's  utility is reinvested  in the facility; whereas  before                                                            
the municipality "siphoned  off money, quite a bit of the money." He                                                            
asserted  that the facility  "suffered" because  of that, and  under                                                            
the  current  private  ownership,  the  facility  is  becoming  more                                                            
modernized and efficient.                                                                                                       
                                                                                                                                
Senator  Austerman  applauded  the  privatization  of  the  utility;                                                            
however,  voiced concern over  a policy change  on how state  grants                                                            
would apply  to the private sector  resulting in the "potential  for                                                            
profitability"  from receiving those  grants. He cautioned  that the                                                            
Senate Resource Committee  version of the bill "opens the door quite                                                            
a bit" and may result in "opening Pandora's box."                                                                               
                                                                                                                                
Co-Chair  Kelly inquired  if Senator  Austerman  prefers the  Senate                                                            
Labor & Commerce Committee version of the bill.                                                                                 
                                                                                                                                
Senator   Austerman   stated   that   the   versions   are   similar                                                            
"philosophically."                                                                                                              
                                                                                                                                
Senator Therriault  understood the concern with expanding  the grant                                                            
applicants  beyond the eligible  original pool  and agreed  that the                                                            
Senate  Resources  Committee  substitute  does  expand  the  program                                                            
significantly,  resulting  in a sizable  fiscal note.  He noted  the                                                            
Senate   Labor  &  Commerce   committee   substitute  only   extends                                                            
eligibility to  utilities that are the primary water  and wastewater                                                            
utility servicing a community.                                                                                                  
                                                                                                                                
Senator Ward inquired as  to the number of privately owned utilities                                                            
that  would be  eligible  under provisions  in  the  Senate Labor  &                                                            
Commerce committee substitute.                                                                                                  
                                                                                                                                
DAN  EASTON,   Director,   Division  of   Facility  Construction   &                                                            
Operation, Department  of Environmental Conservation  responded that                                                            
of  the  36 municipality  utilities  the  Senate  Labor  &  Commerce                                                            
committee substitute  would apply to, only the utility  operating in                                                            
Fairbanks  is  privately-owned.   He  noted  that  the  Kake  Tribal                                                            
Corporation  currently  owns the  City  of Pelican's  water  system;                                                            
however, ownership is being transferred to the City of Pelican.                                                                 
                                                                                                                                
Senator  Ward  inquired   if  there  is  a  list  available  of  the                                                            
communities  that  would  be eligible  under  the  Senate  Resources                                                            
committee substitute of the bill.                                                                                               
                                                                                                                                
Mr. Easton  responded that  of the approximately  50 utilities  that                                                            
could be eligible  under the Senate  Resources committee  substitute                                                            
of the bill, RCA  maintains a list of the 20 currently  regulated by                                                            
RCA.                                                                                                                            
                                                                                                                                
Senator Ward  asked why the State  is obligated to supply  personnel                                                            
to help utilities  apply for these State grants as  indicated by the                                                            
fiscal  note   from  the  Department   of  Community  and   Economic                                                            
Development.                                                                                                                    
                                                                                                                                
Co-Chair  Kelly stated there  are regulations  in the Department  of                                                            
Community and Economic  Development program that obligates the State                                                            
to provide assistance to small communities.                                                                                     
                                                                                                                                
Mr. Easton elaborated that  in addition to the State assisting small                                                            
communities  with  their grant  applications,  the  majority of  the                                                            
Department's efforts  are in the actual administering  of the grant.                                                            
He explained that the Department  does not disperse grant funds in a                                                            
lump  sum,   but  rather  reimburses   the  grantee  as   a  project                                                            
progresses.  He continued that  ten percent  of the grant funds  are                                                            
withheld  until a project  is finished,  and the  State completes  a                                                            
final audit on the project.                                                                                                     
                                                                                                                                
Senator Ward asked  the witnesses if the majority  of the funding in                                                            
fiscal note accompanying  the Senate Resources committee  substitute                                                            
is for administration of the grants.                                                                                            
                                                                                                                                
Mr. Easton affirmed that is correct.                                                                                            
                                                                                                                                
AT EASE 10:20 AM / 10:24 AM                                                                                                     
                                                                                                                                
Co-Chair Kelly  requested Senator Therriault to further  analyze the                                                            
differences  between the two-committee  substitutes. Co-Chair  Kelly                                                            
noted the bill would be held in Committee at this hearing.                                                                      
                                                                                                                                
Senator  Wilken  disclosed  he  is a  minority  shareholder  in  the                                                            
Fairbanks Sewer & Water utility company.                                                                                        
                                                                                                                                
Senator Wilken  commented that the sale of the Fairbanks  North Star                                                            
Borough's  water and  wastewater  utility  to a private  company  is                                                            
reflective  of a new  trend in the  industry.  He continued  that as                                                            
this trend continues, other changes in regulations might occur.                                                                 
                                                                                                                                
Senator  Wilken  contended  that  the passage  of  this  bill  would                                                            
benefit the ratepayers, not the shareholders of a utility.                                                                      
                                                                                                                                
Mr.  Abbott reiterated  there  is no  rate of  return  or profit  on                                                            
improvements funded by contributed capital.                                                                                     
                                                                                                                                
Senator Wilken  characterized contributed capital  "as a transparent                                                            
asset," for  it could not be reflected  in the sale price  nor could                                                            
the prospective buyer profit from it.                                                                                           
                                                                                                                                
Mr. Abbott agreed with Senator Wilken's comments.                                                                               
                                                                                                                                
Senator Ward asked if the  private business group that purchased the                                                            
Fairbanks' utility knew it was ineligible for the State grants.                                                                 
                                                                                                                                
Senator  Wilken responded  that  being  ineligible  for these  State                                                            
grants was  a concern of the new owners  of the Fairbanks'  utility;                                                            
however they  felt they could operate  the utility more efficiently                                                             
with or without those funds.                                                                                                    
                                                                                                                                
Senator  Green asked  if  the additional  grant  applicants  allowed                                                            
through  the   Senate  Resources   committee  substitute   would  be                                                            
considered at the same level as the original pool of applicants.                                                                
                                                                                                                                
Mr. Easton  responded  that all  applicants  would be  added to  the                                                            
grant  pool; however,  the  new applicants  would  be  at a  "slight                                                            
disadvantage"  as the current grant system prioritizes  by assigning                                                            
points  to  projects that  are  already  underway  or in  stages  of                                                            
development.                                                                                                                    
                                                                                                                                
Senator Green  asked about incentives  to utility systems  to expand                                                            
into new service areas.                                                                                                         
                                                                                                                                
Mr. Easton  responded that  at some point  it would be important  to                                                            
clarify "whether  these grants would  be available to developers  to                                                            
be used as part of constructing a new development."                                                                             
                                                                                                                                
Senator Green  voiced that any expansion  in the number of  eligible                                                            
participants would affect the grant "pool."                                                                                     
                                                                                                                                
Senator  Austerman asked  if the RCA  is involved  in the sale  of a                                                            
utility  and its sale  price, or  if involvement  is limited  to the                                                            
rate structure.                                                                                                                 
                                                                                                                                
Mr. Abbott  responded  that the  RCA is  involved in  a sale to  the                                                            
extent of determining  if the sale price is "reasonable"  and within                                                            
the ability of the utility  to recover the purchase price from rates                                                            
levied  and continue to  be viable.  He contended  the RCA does  not                                                            
intend to get  too involved in ownership transfers  as "it is a sale                                                            
between two consenting  parties, and as long as the purchasing party                                                            
understands what  they could base their rate structure  on," the RCA                                                            
is satisfied.                                                                                                                   
                                                                                                                                
Co-Chair  Kelly asserted  this bill  would be held  in Committee  to                                                            
afford the sponsor additional time to address concerns.                                                                         
                                                                                                                                
Co-Chair Donley voiced  support for the State to investigate avenues                                                            
to enable this program  to be self-sustaining; perhaps using program                                                            
receipts to recoup costs associated with the program.                                                                           
                                                                                                                                
The bill was HELD in Committee.                                                                                                 
                                                                                                                                
                                                                                                                                

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