Legislature(2003 - 2004)

05/05/2004 09:04 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR HOUSE BILL NO. 556(FIN)                                                                                             
     "An Act relating  to a port development project  on Lynn Canal,                                                            
     providing  legislative   approval  for  the  Alaska  Industrial                                                            
     Development  and  Export  Authority  to  issue  bonds  for  the                                                            
     project; and providing for an effective date."                                                                             
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken  stated this bill  "authorizes AIDEA to issue  bonds                                                            
to finance  the  construction  of the  port and  related  facilities                                                            
located at Slate Creek Cove not to exceed $20 million. "                                                                        
                                                                                                                                
REPRESENTATIVE  BRUCE  WEYHRAUCH  testified  that  this legislation                                                             
allows for  the development  of the Kensington  mine. Specifically,                                                             
this  bill would  develop  docks in  the Berners  Bay  area to  help                                                            
facilitate  the development  and  construction  of  the mine.  These                                                            
docks  would also  be  available for  public  use. This  bill  would                                                            
further  the development   of the  private  sector economy  and  the                                                            
State's  mineral resources  while  diversifying  the local  economy.                                                            
This legislation meets  the Alaska Industrial Development and Export                                                            
Authority's  (AIDEA)  statutory  project  requirements  for  funding                                                            
using the Authority's bonding capacity.                                                                                         
                                                                                                                                
JIM MCMILLAN,  Deputy Director of  Credit and Business Development,                                                             
Alaska Industrial  Development and  Export Authority, testified  via                                                            
teleconference  from  an offnet  site  requesting  authorization  to                                                            
issue bonds not to exceed  $20 million. Statute requires legislative                                                            
approval  for  AIDEA  to  finance  projects  under  the Development                                                             
Finance Program  that exceed  $10 million.  AIDEA would own  the two                                                            
port  facilities   referenced   in  this   legislation.   Government                                                            
ownership and  public use of the docks  is required by the  Internal                                                            
Revenue Service  (IRS) code if the project is to receive  tax-exempt                                                            
financing.  Though AIDEA would own  the dock facilities,  it expects                                                            
to  issue tax-exempt  revenue  bonds,  which  would not  affect  its                                                            
credit. The revenues  of the Kensington mine project  and any credit                                                            
enhancements  offered by  the project  developer  would be the  sole                                                            
sources of repayment.                                                                                                           
                                                                                                                                
Mr. McMillan stated that  the $20 million amount stated in this bill                                                            
exceeds the  estimation of the costs  of the docks. The $20  million                                                            
amount was chosen  because the estimates are considered  "soft", and                                                            
could increase.  In  addition, the  IRS code allows  for tax  exempt                                                            
financing on "related upland improvements".                                                                                     
                                                                                                                                
Mr. McMillan  continued  that if  this legislation  is adopted,  the                                                            
statutory due diligence  requirements would be considered, including                                                            
the project's  financial  feasibility,  and the bonds  would not  be                                                            
issued  until all  the requirements  were  met. The  Board would  be                                                            
presented a resolution  to enter into a cost reimbursement agreement                                                            
with Coeur  Alaska, Inc (Coeur).  The funds  needed to complete  the                                                            
statutory due  diligence assessment would be considered  part of the                                                            
financing, assuming  the financing is approved. If  the financing is                                                            
not approved,  Coeur would be responsible any of the  costs expended                                                            
by AIDEA.                                                                                                                       
                                                                                                                                
Senator  Bunde  expressed  concern  relating  to  public  access  in                                                            
commercial  areas because  of safety and  liability risks.  He asked                                                            
how public access would  be made compatible with industry use of the                                                            
docks.                                                                                                                          
                                                                                                                                
TIM ARNOLD, Vice  President and General Manager, Coeur  Alaska Inc.,                                                            
testified  that this legislation  represents  a mutually  beneficial                                                            
agreement between Coeur  and AIDEA. Coeur would have the opportunity                                                            
to access tax-exempt  financing and  pay for the dock over  a period                                                            
of years. Further,  the State of Alaska would come  to own the docks                                                            
if  the necessary  permits  are  granted.  He emphasized  that  this                                                            
legislation  is the  perfect example  of a "win-win  situation"  for                                                            
Coeur.                                                                                                                          
                                                                                                                                
Co-Chair Wilken  asked Mr. Arnold to address Senator  Bunde's public                                                            
access question.                                                                                                                
                                                                                                                                
Mr. Arnold  explained that the end  of the dock would be  located on                                                            
private land.  Coeur has  not developed a  plan for allowing  public                                                            
access. The  Cascade Point dock would  be used primarily  to shuttle                                                            
Coeur employees  to and from Slate Creek Cove. The  Slate Creek Cove                                                            
dock would be an industrial dock.                                                                                               
                                                                                                                                
Representative  Bruce  Weyhrauch   interjected  that  for  Coeur  to                                                            
receive tax-exempt financing,  the needs of the Kensington mine must                                                            
be incorporated  with public access  to the satisfaction  of the IRS                                                            
and the developer.                                                                                                              
                                                                                                                                
Senator  Bunde stated  that the two  necessary usages  of the  docks                                                            
appear "diametrically opposed".                                                                                                 
                                                                                                                                
Senator Hoffman informed  that the House of Representative's version                                                            
of this legislation  allows dock projects  anywhere within  the Lynn                                                            
Canal.  However, the  House Finance  Committee  passed an  amendment                                                            
which limited  the dock  projects to specific  locations within  the                                                            
Lynn Canal:  Slate Creek  Cove and Cascade  Point. He asked  if this                                                            
amendment would  allow Coeur the flexibility needed  to minimize the                                                            
impacts of development and acquire the necessary permits.                                                                       
                                                                                                                                
Representative Bruce Weyhrauch  responded that the project locations                                                            
were made  specific  in response  to concern  that the developments                                                             
could be used  too broadly. He qualified  that he is not  opposed to                                                            
the amendment because it  does not threaten the primary goal of this                                                            
legislation,  which is to  construct docks  for the Kensington  gold                                                            
mine.                                                                                                                           
                                                                                                                                
Mr. Arnold replied that  Coeur is satisfied with the language of the                                                            
bill as amended.                                                                                                                
                                                                                                                                
Co-Chair  Wilken asked  whether both  Slate Creek  Cove and  Cascade                                                            
Point are located within the City and Borough of Juneau.                                                                        
                                                                                                                                
Representative Bruce Weyhrauch replied, yes.                                                                                    
                                                                                                                                
Mr. Arnold affirmed.                                                                                                            
                                                                                                                                
Co-Chair  Wilken asked  for Mr. Arnold's  opinion  on the Pogo  mine                                                            
appeal and how it might affect this project.                                                                                    
                                                                                                                                
Mr. Arnold  responded that  Coeur has spent  $30 million  permitting                                                            
the  property   for  this  project   over  the  last  15   years.  A                                                            
supplemental  Environmental  Impact Statement  has gone through  the                                                            
comment period,  and Coeur  is working toward  receiving a  National                                                            
Pollutant  Discharge Elimination  System (NPDES)  permit. Coeur  has                                                            
done the  best job  possible in  listening and  addressing  comments                                                            
made by the  public. However, the  project is far from "getting  off                                                            
the ground" in the current  design and there is no question that the                                                            
Pogo mine appeal could happen again.                                                                                            
                                                                                                                                
Co-Chair  Wilken  inquired  if  the  appeal  process  has  increased                                                            
Coeur's anxiety regarding the Kensington mine project.                                                                          
                                                                                                                                
Mr. Arnold replied that,  yes, the appeal process has raised Coeur's                                                            
anxiety;  however Coeur  recognizes  that the appeal  process  is an                                                            
aspect of the mining business.                                                                                                  
                                                                                                                                
Representative  Bruce Weyhrauch added  that the appeal process  is a                                                            
statewide concern.                                                                                                              
                                                                                                                                
Co-Chair Green  offered a motion to  report the bill from  Committee                                                            
with individual recommendations and accompanying fiscal note.                                                                   
                                                                                                                                
There being no objection,  CS HB 556 (FIN) MOVED from Committee with                                                            
zero fiscal  note #1 from the Department  of Community and  Economic                                                            
Development.                                                                                                                    
                                                                                                                                
AT EASE 11:01 AM / 4:54 PM                                                                                                      
                                                                                                                                

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