Legislature(2007 - 2008)SENATE FINANCE 532

03/29/2008 10:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 19 LTD. DRIVER'S LICENSES/IGNITION INTERLOCK TELECONFERENCED
Heard & Held
+ HB 75 DRIVERS LICENSE: ALCOHOL AWARENESS/MINOR TELECONFERENCED
Heard & Held
+ HB 373 SCHOOL BOND DEBT REIMBURSEMENT TELECONFERENCED
Heard & Held
+ HB 338 POWER PROJECT FUND/BULK FUEL LOAN FUND TELECONFERENCED
Moved SCS CSHB 338(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 233 UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS
Moved SCS CSHB 233(FIN) Out of Committee
CS FOR HOUSE BILL NO. 338(FIN)                                                                                                
                                                                                                                                
     "An Act relating  to the bulk fuel bridge  loan fund and                                                                   
     program,   power  project  fund,   and  the   bulk  fuel                                                                   
     revolving  loan  fund;  authorizing  the  Alaska  Energy                                                                   
     Authority  to borrow money  from the power  project fund                                                                   
     for  the bulk  fuel  revolving loan  fund  and to  repay                                                                   
     money borrowed; and                                                                                                        
                                                                                                                                
REPRESENTATIVE  MARY NELSON, SPONSOR,  related that  the bill                                                                   
was  an idea  brought forth  by the  Alaska Energy  Authority                                                                   
(AEA).  She reported that old  statutes needed updating.  The                                                                   
primary idea  in the bill is  in Section 2,  which authorizes                                                                   
AEA to make  loans from the  Power Project Fund (PPF)  to the                                                                   
Bulk Fuel Revolving  Loan Fund (BFRLF).  Presently,  there is                                                                   
a lot  of pressure on  AEA due to the  high price of  fuel to                                                                   
provide  more loans  from BFRLF.   The bill  would limit  the                                                                   
amount AEA could  borrow from PPF to the BFRLF  to the lesser                                                                   
of $2 million, or 10 percent of  the PPF cash balance on June                                                                   
30 of the  preceding fiscal year.   It provides that  AEA can                                                                   
not borrow from  PPF if the cash balance of PPF  is less than                                                                   
5 million.                                                                                                                      
                                                                                                                                
Representative  Nelson reported  that the  bill also  deleted                                                                   
references to  nonprofit marketing cooperatives  as potential                                                                   
borrowers and  deletes PPF loan provisions for  potable water                                                                   
supply projects.                                                                                                                
                                                                                                                                
Representative  Nelson related that  Section 3 provides  that                                                                   
power  projects  are  subject  to  the  same  limitations  on                                                                   
interest  and  other  restrictions  as are  loans  for  power                                                                   
projects.   Section 1  establishes the  BFRLF as  statutorily                                                                   
able to  make loans to  communities.   It is a separate  loan                                                                   
program  established  in  2004   by  the  Denali  Commission,                                                                   
especially    for    communities    that    are    struggling                                                                   
administratively.   She  explained  the problems  surrounding                                                                   
statutory authority and third party contract relationships.                                                                     
                                                                                                                                
Representative  Nelson  reported  on  the  successes  of  the                                                                   
BFRLF.                                                                                                                          
                                                                                                                                
12:14:21 PM                                                                                                                   
                                                                                                                                
SARAH  FISHER-GOAD,  DEPUTY DIRECTOR  OF  OPERATIONS,  ALASKA                                                                   
ENERGY  AUTHORITY,  DEPARTMENT  OF  COMMERCE,  COMMUNITY  AND                                                                   
ECONOMIC  DEVELOPMENT testified  via  teleconference that  HB
338 authorizes  AEA to  make loans  from PPF  to BFRLF.   She                                                                   
related that the BFRLF provides  communities of 2,000 or less                                                                   
a financing  source  to purchase  an annual  supply of  fuel.                                                                   
AEA  currently  only  commits  to loans  based  on  the  cash                                                                   
available  and does not  consider loans  receivable prior  to                                                                   
committing a  loan.  HB 338  would provide a  backstop source                                                                   
of  funds to  allow  AEA  to better  meet  the  needs of  the                                                                   
borrowers.                                                                                                                      
                                                                                                                                
Ms.  Fisher-Goad reported  that  two years  ago  there was  a                                                                   
delay in committing funds until  loan repayments - the actual                                                                   
cash -  was received by  AEA.  This  made it difficult  to be                                                                   
able to  provide the  commitments for  borrowers to  plan for                                                                   
fuel delivery.   HB  338 does  limit the  lending ability  by                                                                   
restricting the  amount based upon  the June 30  cash balance                                                                   
of PPF  and is  limited by  the lesser  of $2  million or  10                                                                   
percent.   On  2/29 the  cash balance  in the  PPF was  $10.8                                                                   
million.  If the  bill were in effect today there  would be a                                                                   
little over $1 million as a backstop  funding source.  If PPF                                                                   
falls  below $5  million,  AEA  would suspend  the  borrowing                                                                   
capability.                                                                                                                     
                                                                                                                                
Ms.  Fisher-Goad reported  on  housekeeping  measures in  the                                                                   
bill.                                                                                                                           
                                                                                                                                
12:16:36 PM                                                                                                                   
                                                                                                                                
Senator  Huggins asked  if the  bill increases  risk to  AEA.                                                                   
Ms. Fisher-Goad said  she believed it was risk  neutral.  The                                                                   
loans are short term and the delinquency rate is very low.                                                                      
                                                                                                                                
12:17:24 PM                                                                                                                   
                                                                                                                                
DEL  CONRAD, CEO,  RURAL ALASKA  FUEL  SERVICES (RAFS),  said                                                                   
that  since the  inception of  the  BFRLF in  2004, about  12                                                                   
communities were  unable to fund their fuel  purchases due to                                                                   
an  increase in  fuel  costs.   The Department  of  Commerce,                                                                   
Community and  Economic Development contracted  out to manage                                                                   
the loans  and work with the  communities.  The  Rural Alaska                                                                   
Fuel Services purchases fuel on  behalf of the community.  If                                                                   
the loan is paid back on a timely  basis, the money is loaned                                                                   
for three  years interest  free.  In  addition, RAFS  goes to                                                                   
out  to  the  communities  to  review  the  books,  establish                                                                   
pricing, and build budgets.  He  described how he sets up the                                                                   
programs.                                                                                                                       
                                                                                                                                
Mr.  Conrad  reported   that  RAFS  has  made   loans  to  26                                                                   
communities throughout  rural Alaska  in the last  four years                                                                   
for a total of  $6.5 million.  He described  the successes of                                                                   
the program and the fund sources.                                                                                               
                                                                                                                                
12:23:25 PM                                                                                                                   
                                                                                                                                
Senator Olson MOVED to ADOPT Amendment 1:                                                                                       
                                                                                                                                
     Insert new  Section 4 that amends AS  42.45.250(e)(1) to                                                                   
     read:                                                                                                                      
     "(1)  may not  exceed $500,000  [$400,000],  or, if  the                                                                 
     borrower  is a cooperative  corporation organized  under                                                                   
     AS 10.15  or an electric cooperative organized  under AS                                                                   
     10.25 and uses the loan to  purchase bulk fuel on behalf                                                                   
     of more  than one community,  may not exceed  the lesser                                                                   
     of  $500,000  [$400,000]  multiplied  by the  number  of                                                                 
     communities  on whose  behalf  the bulk  fuel  is to  be                                                                   
     purchased, $1,800,000 [$1,500,000].                                                                                      
                                                                                                                                
Senator  Olson explained  that the  amendment would  increase                                                                   
the loan  limits for  the Bulk  Fuel Revolving  Loan Fund  to                                                                   
better match the increased cost of fuel.                                                                                        
                                                                                                                                
Co-Chair Stedman OBJECTED.                                                                                                      
                                                                                                                                
Senator Olson noted  the current loan has been  inadequate in                                                                   
some communities.   He  spoke of  high transportation  costs.                                                                   
He added that the Department is  in support of the amendment.                                                                   
                                                                                                                                
12:25:31 PM                                                                                                                   
                                                                                                                                
Ms. Fisher-Goad  confirmed that the Department  is in support                                                                   
of the  amendment.   It aligns  the long-existing BFRLF  with                                                                   
the  proposed  limit  for  the  Bridge  Loan  program.    She                                                                   
addressed the increased demand for loans.                                                                                       
                                                                                                                                
Co-Chair Stedman WITHDREW his OBJECTION.                                                                                        
                                                                                                                                
There being NO OBJECTION, Amendment 1 was adopted.                                                                              
                                                                                                                                
Representative  Nelson worried  about communities that  would                                                                   
need more monetary support.                                                                                                     
                                                                                                                                
12:27:07 PM                                                                                                                   
                                                                                                                                
Mr.  Conrad  noted  requests for  three  loans  for  $500,000                                                                   
through the Bridge  Loan program.  He voiced  concern that if                                                                   
communities are short  funded, then it will create  a case of                                                                   
flying in  fuel in  February with  a significant increase  in                                                                   
cost.  He  predicted that it  is unlikely that there  will be                                                                   
requests for  loans in the $750,000  range in the  next year,                                                                   
but  for  the   communities  in  that  situation,   there  is                                                                   
significant cost if fuel needs to be flown in.                                                                                  
                                                                                                                                
Representative  Nelson said the  cost gets  passed on  to the                                                                   
consumer at $11 or $12 per gallon when fuel is flown in.                                                                        
                                                                                                                                
12:29:12 PM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman MOVED to REPORT  CSHB 338 (FIN), as amended,                                                                   
from  Committee  with  individual   recommendations  and  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  338 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass"  recommendation and  with zero  fiscal note  #1 by  the                                                                   
Department of  Commerce, Community and Economic  Development,                                                                   
and  with  fiscal note  #2  by  the Department  of  Commerce,                                                                   
Community and Economic Development.                                                                                             
                                                                                                                                

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