Legislature(2011 - 2012)

04/22/2011 04:33 PM Senate FIN


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04:33:08 PM Start
04:33:58 PM SB46
04:53:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 46                                                                                                            
                                                                                                                                
     "An Act  making and amending  appropriations, including                                                                    
     capital   appropriations   and  other   appropriations;                                                                    
     making   appropriations   to  capitalize   funds;   and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
4:33:58 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman pointed out that  the hearing was the sixth                                                                    
for the  capital budget. He  stated that the bill  was heard                                                                    
February 21,  2011, March  15, 2011,  March 16,  2011, March                                                                    
17, 2011, and  April 11, 2011. He noted the  intent to adopt                                                                    
a committee  substitute and set  the bill aside  for further                                                                    
review.                                                                                                                         
                                                                                                                                
Co-Chair  Hoffman MOVED  to ADOPT  Work  Draft CSSB  46(FIN)                                                                    
(27-GS1740\T).  Co-Chair  Stedman  OBJECTED for  purpose  of                                                                    
discussion.                                                                                                                     
                                                                                                                                
4:35:34 PM                                                                                                                    
                                                                                                                                
MILES  BAKER, STAFF,  SENATOR  BERT  STEDMAN, discussed  the                                                                    
changes in the Committee  Substitute (CS). He explained that                                                                    
the  CS  included seven  separate  reports.  He referred  to                                                                    
"2011  Legislature-Capital  Budget House  District  Summary-                                                                    
Senate  Structure."  (copy  on  file),  which  detailed  the                                                                    
difference by  house district between  the first CS  and the                                                                    
current CS.  The second report  provided the  project detail                                                                    
and comparisons by house district  between the two committee                                                                    
substitutes.  The third  report included  an agency  summary                                                                    
report comparing the CSs by  agency. The fourth report was a                                                                    
fund totals  report illustrating the difference  between the                                                                    
two CSs  by fund source.  The fifth report included  a house                                                                    
district summary separating the  bill into its sections. The                                                                    
sixth report included  the agency summary by  section with a                                                                    
comparison  to the  governor's amended  capital budget.  The                                                                    
seventh report  included statewide  fund totals  compared to                                                                    
the governor's amended capital budget.                                                                                          
                                                                                                                                
Mr. Baker stated that the  last two reports illustrated that                                                                    
the CS  amounted to $2.688 billion  including $1.468 billion                                                                    
in  unrestricted general  funds, $44  million of  designated                                                                    
general funds,  $96 million of  other state funds,  and $1.8                                                                    
billion  in federal  funds. He  noted the  representation of                                                                    
$734 million  increase over  the governor's  amended capital                                                                    
budget.                                                                                                                         
                                                                                                                                
Mr.  Baker  stated that  the  CS  added an  additional  $715                                                                    
million of  unrestricted general fund spending,  $11 million                                                                    
of designated general funds, $6  million of state funds, and                                                                    
approximately $900 thousand of federal funds.                                                                                   
                                                                                                                                
4:38:49 PM                                                                                                                    
                                                                                                                                
Mr. Baker pointed  out some changes. He  stated that Section                                                                    
1  referred to  several  adjusted project  titles and  grant                                                                    
recipient  names. He  detailed  Page 4,  Lines 31-33,  which                                                                    
altered the $50 thousand  threshold language. He stated that                                                                    
the language directed the  Department of Commerce, Community                                                                    
and  Economic Development  (DEC)  for grants  less than  $50                                                                    
thousand.  The change  on Page  5, Line  5 stated  that "the                                                                    
grant  recipient also  must agree  to return  all unexpended                                                                    
funds to  the state  for deposit into  the general  fund for                                                                    
deposit into  the general fund on  project completion." Left                                                                    
over funds would be returned to the state.                                                                                      
                                                                                                                                
Mr.  Baker  stated  that former  Section  4  including  $100                                                                    
million of FY  12 governor capital request  was removed. The                                                                    
projects were relocated  to Section 1 of the  bill. He noted                                                                    
the deletion of $15.5 million  for Kodiak School replaced by                                                                    
7 projects  from Kodiak  for a similar  amount of  money. He                                                                    
pointed out  Page 44  and the increase  for the  Life Alaska                                                                    
Donor Services Grant  from $20 thousand to  $55 thousand. He                                                                    
addressed Page 37, Line 21  and the addition of $8.2 million                                                                    
for the  blood bank of Alaska  facilities expansion project.                                                                    
He  pointed out  Page 47,  Line 31  and the  addition of  $2                                                                    
million for the Special  Olympics training center and campus                                                                    
improvements. He pointed  out Page 55, and a  mistake in the                                                                    
DEC matching  grant program. Two Ketchikan  projects existed                                                                    
on  the  list  from  Ketchikan's  municipal  matching  grant                                                                    
program   and   the   dollar  amounts   had   been   entered                                                                    
incorrectly.                                                                                                                    
                                                                                                                                
4:43:23 PM                                                                                                                    
                                                                                                                                
Mr. Baker  spoke about Page 72,  Line 27 and Page  88, which                                                                    
included  changes to  the intent  language. The  language in                                                                    
the CS  before the committee read  "it is the intent  of the                                                                    
legislature  that   when  any  named  project   that  either                                                                    
increases  vehicular capacity  or  has  a construction  cost                                                                    
exceeding   $20   million   is  added   to   the   statewide                                                                    
transportation  improvement   plan,  the   department  shall                                                                    
provide written  notification to the  legislature containing                                                                    
a brief project summary  to include title, short description                                                                    
of   work,  geographical   location,  cost,   and  estimated                                                                    
construction completion date."                                                                                                  
                                                                                                                                
Mr. Baker referred to Page 90,  Line 4 and the change in the                                                                    
fund  source  for  the   University  of  Alaska  Southeast's                                                                    
Banfield Hall.                                                                                                                  
                                                                                                                                
Mr.  Baker  mentioned  Section  4, Page  98.  He  noted  the                                                                    
addition of the  governor's request of $10  million into the                                                                    
South East Energy Fund. He  stated that the municipal grants                                                                    
and the named recipient grants  were moved for review by the                                                                    
Alaska Energy Authority  (AEA). He referred to  Page 99 Line                                                                    
17 and  the addition of  intent language stating "it  is the                                                                    
intent  of   the  legislature   that  the   state's  capital                                                                    
investment into any  of these energy projects  not exceed 50                                                                    
percent of  the total investment required  to fully complete                                                                    
each project." "The Alaska  Energy Authority should evaluate                                                                    
each of the  energy projects in this  section using criteria                                                                    
similar to  that established for the  Renewable Energy Grant                                                                    
Fund  by  the  Renewable  Energy  Advisory  Committee."  "If                                                                    
during   their   evaluation,    AEA   determines   that   an                                                                    
appropriation   exceeds  the   $50  percent   state  funding                                                                    
threshold, the  authority shall  submit to  the legislature,                                                                    
recommendations  for   reductions  or   reappropriations  by                                                                    
February 1,  2012. The  intent for  the energy  projects was                                                                    
for  review  by  AEA  in  concert  with  the  utilities  and                                                                    
communities  to determine  the full  project cost.  If these                                                                    
appropriations  exceeded a  life  cycle project  cost of  50                                                                    
percent  state  investment,  then   AEA  would  return  next                                                                    
session with recommendations for the reallocation of funds.                                                                     
                                                                                                                                
4:46:50 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
Mr. Baker  reviewed Page  100, and  stated that  the project                                                                    
had been  reduced from  $7.5 million  to $3.75  million. The                                                                    
project would  receive money from  the round  four renewable                                                                    
energy grant.                                                                                                                   
                                                                                                                                
Mr. Baker  pointed out  Section 10  as the  most substantial                                                                    
change in terms  of dollar value. He stated  that Section 10                                                                    
was the  school infrastructure investment section.  He noted                                                                    
that the  previous CS funded  the major maintenance  list at                                                                    
$275  million. The  CS removed  84 of  the schools  and $201                                                                    
million of funding.  The CS before the  committee funded the                                                                    
first 33 schools for a total of $73 million.                                                                                    
                                                                                                                                
Mr.  Baker   pointed  out   Page  121,   Line  26   and  the                                                                    
modification to  the Kasayulie  case intent  language, which                                                                    
read  "the  legislature  intends that  the  following  three                                                                    
appropriations  for these  three rural  schools address  the                                                                    
recommendations made  by the court."  He noted  the addition                                                                    
of  conditional  language  on  Page  22  overlooked  in  the                                                                    
previous CS.                                                                                                                    
                                                                                                                                
4:49:17 PM                                                                                                                    
                                                                                                                                
Mr.  Baker reviewed  the language  section.  He pointed  out                                                                    
Page 127, Section  18 and the lapse of  the appropriation on                                                                    
June   30,   2015.   He   noted    the   addition   of   two                                                                    
reappropriations from house district 5  and 12 that were not                                                                    
included in the  previous CS. He discussed Page  38, Line 19                                                                    
and the  expansion of  the scope  of the  reappropriation to                                                                    
the  LB&A  committee to  broaden  the  authority of  the  $8                                                                    
million  appropriation. He  noted Page  138, Section  36 and                                                                    
the  contingency language  that  was limited  to the  energy                                                                    
section of  the bill. He  mentioned the addition  of Section                                                                    
37, which  was a nonseverability clause  for the contingency                                                                    
language in Section 36 stating  "if the contingency found in                                                                    
36 of  this act is held  to be invalid then  the contingency                                                                    
is not severable  from the appropriations made  in Section 4                                                                    
of this act."                                                                                                                   
                                                                                                                                
Co-Chair Stedman removed his objection.                                                                                         
                                                                                                                                
4:51:43 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:52:24 PM                                                                                                                    
RECONVED                                                                                                                        
                                                                                                                                
Co-Chair Stedman  stated that  CSSB 46(FIN)  27-GS1740\T was                                                                    
ADOPTED.                                                                                                                        
                                                                                                                                
4:52:47 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:53:50 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SB  46  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

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