Legislature(2003 - 2004)

05/18/2003 01:03 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR HOUSE BILL NO. 216(FIN)                                                                                             
     "An Act relating to and limiting municipal taxation of refined                                                             
     fuel and wholesale sales of fuel, and to the bulk fuel                                                                     
     revolving loan fund."                                                                                                      
                                                                                                                                
                                                                                                                                
This was  the first  hearing for  this bill  in the Senate  Finance                                                             
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken said this bill  "is a municipal taxation on refined                                                             
fuel  products  sponsored   by  [the]  House  Labor   and  Commerce                                                             
Committee, chaired by Representative Tom Anderson. HB 216 clarifies                                                             
local municipalities  taxing authority for refined  fuels sold both                                                             
within and outside the local jurisdiction."                                                                                     
                                                                                                                                
REPRESENTATIVE  TOM ANDERSON  testified  that  this bill  clarifies                                                             
local  taxing authority  for  refined fuels  sold  both within  and                                                             
outside of a local jurisdiction. He recalled an initiative petition                                                             
in the  Fairbanks North  Star Borough to  implement a two-cent  per                                                             
gallon transfer  tax. He  expressed that  "fortunately" the  voters                                                             
"overwhelmingly"  defeated  the  proposed  tax by  a margin  of  62                                                             
percent  to 38 percent.  Afterwards,  he stated,  the industry  and                                                             
businesses recognized that clarification  is necessary to limit the                                                             
number of municipalities that could tax the same fuel.                                                                          
                                                                                                                                
Representative  Anderson  exampled  refined  fuel shipped  via  the                                                             
Alaska  Railroad  from Interior  Alaska  to  Anchorage  for use  in                                                             
Southcentral and  Southeast markets. Before reaching  Anchorage, he                                                             
counted  eight different  governmental  taxing  entities this  fuel                                                             
travels through. He pointed out that conceivably, each jurisdiction                                                             
could impose a tax on this fuel. He opined that the "exorbitance to                                                             
the consumer" would  be such that the fuel would not  be purchased.                                                             
He predicted  that this  type of  taxation would  result in  Alaska                                                             
residents paying local government costs for municipalities in which                                                             
they do not reside.                                                                                                             
                                                                                                                                
Representative Anderson  gave a hypothetical example  of a transfer                                                             
tax implemented by  the Port of Anchorage on all freight  landed at                                                             
the Port. He remarked  that the cost of products traveling  through                                                             
the Port  would increase and residents  of other communities  would                                                             
pay Municipality of Anchorage expenses.                                                                                         
                                                                                                                                
Representative  Anderson  stated  that this  bill  clarifies  local                                                             
government's  rights   to  tax  any  fuel  consumed   within  their                                                             
government boundaries,  although prohibits taxation  of value added                                                             
products refined and shipped outside the jurisdiction.                                                                          
                                                                                                                                
Representative  Anderson   noted  an  agreement  reached  with  the                                                             
Municipal League of Alaska, which is reflected in the House Finance                                                             
committee substitute. He assured  this legislation would not affect                                                             
those small communities that currently impose transfer taxes.                                                                   
                                                                                                                                
Representative Anderson  also pointed out the committee  substitute                                                             
contains an amendment sponsored  by Representative Carl Morgan that                                                             
would increase  the loan  amount for the  bulk fuel revolving  loan                                                             
fund to one borrower in any fiscal  year from $200,000 to $300,000.                                                             
Representative Anderson  relayed Representative Morgan's  intent to                                                             
provide adequate  funding to meet  the increasing costs  associated                                                             
with  construction   and  replacement  of  bulk  fuel   facilities,                                                             
particularly in Rural Alaska.                                                                                                   
                                                                                                                                
Senator  Hoffman  asked if  any local  governments  that  presently                                                             
implement a transfer tax would be impacted by this legislation.                                                                 
                                                                                                                                
Representative Anderson listed three, one of which is Cold Bay, and                                                             
he assured these communities would not be affected.                                                                             
                                                                                                                                
Senator Hoffman asked if other  communities implementing a transfer                                                             
tax that have not been identified  would remain unaffected as well.                                                             
                                                                                                                                
Representative Anderson  answered they would not because  this bill                                                             
contains  a  grandfather clause  and  would  only apply  to  future                                                             
situation.                                                                                                                      
                                                                                                                                
Senator Bunde  asked if it is "bad  public policy" to  allow future                                                             
transfer  taxation, why  local  governments that  currently  impose                                                             
these taxes should be allowed to continue the practice.                                                                         
                                                                                                                                
Representative Anderson responded  the intent is to be proactive as                                                             
a result of the aforementioned  ballot initiative in  the Fairbanks                                                             
North Star Borough. He suggested that the existing taxing authority                                                             
could  be repealed  but  requested  it  be considered  in  separate                                                             
legislation.                                                                                                                    
                                                                                                                                
Senator  B. Stevens  referenced  Section  8 on  page  three of  the                                                             
committee  substitute,   noting  that  the  previous   session  the                                                             
authorized loan amounts  from of the bulk fuel revolving  loan fund                                                             
was increased from $100,000 to $200,000 and questioned the proposed                                                             
increase one year later. He understood  the sponsor's argument that                                                             
the increased amounts are necessary  for construction expenses, but                                                             
informed that use of the funds is only allowed "for the purchase of                                                             
fuel"  and for "communities  with  populations of  less than  2,000                                                             
people."  He asked  how the  integrity of  the loan  fund would  be                                                             
protected with an  ability to draw from that fund increased  by 300                                                             
percent in less than one year.                                                                                                  
                                                                                                                                
Senator B.  Stevens he also  asked the  number of communities  with                                                             
populations  of  less  than  2,000 have  the  ability  to  purchase                                                             
sufficient quantities of fuel to repay a $300,000 loan.                                                                         
                                                                                                                                
Representative Anderson admitted this provision was inserted in the                                                             
bill after  the House Labor and  Commerce Committee considered  the                                                             
bill and he was therefore unfamiliar with all the details.                                                                      
                                                                                                                                
Senator B. Stevens asked the status of the loan fund.                                                                           
                                                                                                                                
JOSH APPLEBEE,  Staff  to Representative  Anderson, testified  that                                                             
Representative  Morgan sponsored  Section 8 as  a result of  rising                                                             
fuel prices.                                                                                                                    
                                                                                                                                
Senator Hoffman  listed two other  factors: upgrades of  facilities                                                             
that are holding larger capacities, and attempts for communities to                                                             
establish regionalized  facilities to  allow for bulk purchases  at                                                             
lower costs.                                                                                                                    
                                                                                                                                
Senator B. Stevens expressed concern of the balance of the fund and                                                             
the impact of the increase from  $100,000 to $300,000 loan amounts.                                                             
He cautioned that a few communities could exhaust the loan capacity                                                             
in a given year.                                                                                                                
                                                                                                                                
Co-Chair Wilken requested staff to research the balance of the fund                                                             
and indicated the matter would be revisited.                                                                                    
                                                                                                                                
JEFF  COOK,  Vice  President,  External  Affairs,  Williams  Alaska                                                             
Petroleum, testified  via teleconference from an off  net location,                                                             
that  the company  owns  the largest  oil refinery,  which  refines                                                             
approximately  70,000 barrels  per day. He  informed that  about 90                                                             
percent of  the finished product is  shipped via rail  to Anchorage                                                             
traveling  through a number  of municipalities.  He expressed  that                                                             
multiple taxes would hamper continued  expansions necessary to meet                                                             
the demands  of the  entire State.  He indicated  that the  company                                                             
considered proposing this legislation the previous session, however                                                             
decided to wait until residents of the Fairbanks North Star Borough                                                             
voted on the  issue. He told of  support for this legislation  from                                                             
the  Alaska Municipal  League of  Alaska,  the Alaska  Oil and  Gas                                                             
Association  and  the  three refineries  operating  in  the  State:                                                             
Williams  Alaska   Petroleum,  Petrostar  Corporation   and  Tesoro                                                             
Petroleum Corporation. He emphasized the need for these refiners to                                                             
maintain  a  competitive  position  and to  provide  Alaskans  with                                                             
competitively priced fuel.                                                                                                      
                                                                                                                                
Mr. Cook commented  on the provisions of Section 8  relating to the                                                             
Storage Tank Assistance Revolving Loan fund, stating that repayment                                                             
has  historically  been good.  He  explained  this is  because  the                                                             
program allows loan amounts of 90 percent of the value of fuel, and                                                             
because  many communities  purchase  fuel  once per  year and  draw                                                             
repayment funds from the sale of  that fuel over the course of that                                                             
year.                                                                                                                           
                                                                                                                                
Senator  Bunde understood  the problem  of  multiple taxation,  and                                                             
asked whether the  continuation of the transfer tax  imposed by the                                                             
three communities would cause hardship.                                                                                         
                                                                                                                                
Mr. Cook replied that the original  version of the bill contained a                                                             
blanket restriction; however it  was learned that repealing the tax                                                             
would cause hardship for the three communities and it was therefore                                                             
determined that passage of the overall bill was more important than                                                             
the loss incurred in these communities.                                                                                         
                                                                                                                                
Representative  Anderson   expressed  he  had  no  opinion  on  the                                                             
provisions of  Section 8 of the  committee substitute,  reiterating                                                             
that the  increased loan amount  was the request of  Representative                                                             
Morgan.                                                                                                                         
                                                                                                                                
Senator Bunde  asked the  names of the  two communities other  than                                                             
Cold  Bay that  would  have a  transfer  tax grandfathered  by  the                                                             
passage of this legislation.                                                                                                    
                                                                                                                                
Mr. Cook was unsure.                                                                                                            
                                                                                                                                
Co-Chair Wilken asked if Senate committees have made any changes to                                                             
the bill.                                                                                                                       
                                                                                                                                
Representative Anderson answered no.                                                                                            
                                                                                                                                
Co-Chair  Wilken   requested  further  information   regarding  the                                                             
communities  that currently  impose a  transfer tax,  as well  as a                                                             
profile of the Storage Tank Assistance Revolving Loan Fund.                                                                     
                                                                                                                                
Senator Taylor recalled testimony  before the Committee regarding a                                                             
proposed  fuel  tax,  attesting  that  the  community  of  Unalaska                                                             
transferred over 60 percent of all the fuel sold in the State.                                                                  
                                                                                                                                
                                                                                                                                
SFC 03 # 103, Side A 08:12 PM                                                                                                   
                                                                                                                                
                                                                                                                                
Senator Taylor suggested  Unalaska could be one of  the communities                                                             
that currently impose a transfer tax.                                                                                           
                                                                                                                                
Co-Chair Wilken requested additional information.                                                                               
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                

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