Legislature(2013 - 2014)SENATE FINANCE 532

04/14/2014 09:00 AM Senate FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 239 EXTEND BOARD OF EXAMINERS IN OPTOMETRY TELECONFERENCED
Heard & Held
+ HB 240 EXTEND BOARD OF CHIROPRACTIC EXAMINERS TELECONFERENCED
Heard & Held
+ HB 241 EXTEND BOARD OF MARITAL & FAMILY THERAPY TELECONFERENCED
Heard & Held
+ HB 242 EXTEND PT & OCCUPATIONAL THERAPY BOARD TELECONFERENCED
Heard & Held
+ HB 234 EXTEND REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Heard & Held
+ HB 210 SCHOOLS: RESTRAINT, SECLUSION, CRISIS TRG TELECONFERENCED
Heard & Held
+ HB 378 MOTOR VEHICLES: REGISTRATION, COMMERCIAL TELECONFERENCED
Heard & Held
+ HB 75 CONTRIBUTION FROM PFD: AUDITS; UNIVERSITY TELECONFERENCED
Scheduled But Not Heard
+= SB 220 PERS/TRS STATE CONTRIBUTIONS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 234                                                                                                            
                                                                                                                                
     "An Act extending the termination date of the                                                                              
     Regulatory Commission of Alaska; and providing for an                                                                      
     effective date."                                                                                                           
                                                                                                                                
9:50:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE  HAWKER, explained that  the legislation                                                                    
would  extend   the  termination  date  of   the  Regulatory                                                                    
Commission of Alaska  (RCA) to June 30, 2022.  He noted that                                                                    
the  commission differed  from other  professional licensing                                                                    
boards;  the   commission  was  one   of  the   state's  few                                                                    
independent,   quasi-judicial  regulatory   commissions.  He                                                                    
stated that the  RCA was responsible for  ensuring the safe,                                                                    
adequate  and  fair  public utility  and  pipeline  services                                                                    
across the state. He explained  that the audit objectives in                                                                    
evaluating the reauthorization  of the Regulatory Commission                                                                    
of  Alaska   were  no  different   than  other   boards  and                                                                    
commissions; it  must demonstrate  a continued need  for its                                                                    
continued existence and  show that it has  been operating in                                                                    
an effective and efficient manner.  The bill recommended and                                                                    
8 year extension and was  consistent with the recommendation                                                                    
of the  Division of  Legislative Audit.  He offered  a brief                                                                    
history of  the commission. He asserted  that the commission                                                                    
was currently  functioning well in discharging  its assigned                                                                    
responsibilities.  He shared  that legislative  auditors had                                                                    
included an appendix on Pages  23 through 30, which included                                                                    
information  gathered by  the auditors  from people  who had                                                                    
had dockets  dealt with  by the  RCA. The  users of  the RCA                                                                    
proved to be  very satisfied with the work  performed by the                                                                    
commission. He pointed  out to the committee Page  18 of the                                                                    
audit, which included  a summary pie chart  that detailed in                                                                    
aggregate  how  the  users viewed  the  RCA's  function;  70                                                                    
percent felt  that the  commission was  operating in  a very                                                                    
good/good rating, with only 8  percent giving a poor rating.                                                                    
He continued to  Page 31 of the audit which  showed that the                                                                    
regulatory  cost   charge  base   was  sufficient   for  the                                                                    
commission to  operate. The RCA had  maintained an adequate,                                                                    
but not  excessive reserve for  operations. He  thought that                                                                    
the commission needed the full year reauthorization period.                                                                     
                                                                                                                                
9:56:22 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  requested   further  clarification  of  the                                                                    
second recommendation in the recent audit.                                                                                      
                                                                                                                                
Representative   Hawker   deferred   to  the   Division   of                                                                    
Legislative Audit and the RCA chairman.                                                                                         
                                                                                                                                
9:57:10 AM                                                                                                                    
                                                                                                                                
Senator Hoffman noted  page 31, and wondered  if there would                                                                    
be an  addition of personal  and contract services  and what                                                                    
the cost would be over the next 8 years.                                                                                        
                                                                                                                                
Representative Hawker remarked that  the primary fund source                                                                    
for the  RCA was approximately  $9 million in  RCA receipts.                                                                    
He said that beyond the  recognition that the commission was                                                                    
a receipt authority, he deferred the question to the RCA                                                                        
                                                                                                                                
9:59:01 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  remarked that  the Regulatory  Commission of                                                                    
Alaska chairman.                                                                                                                
                                                                                                                                
9:59:53 AM                                                                                                                    
                                                                                                                                
T.W.  PATCH,  CHAIRMAN,  REGULATORY  COMMISSION  OF  ALASKA,                                                                    
NASHVILLE (via teleconference),  explained that the concerns                                                                    
regarding the performance of the  RCA had been raised by the                                                                    
committee in 2011.  At that time, the  committee offered the                                                                    
commission guidance and  set a termination date  of June 30,                                                                    
2014.  He said  that  the  RCA, under  the  guidance of  the                                                                    
committee, provided  to the legislature a  report on January                                                                    
16, 2012. The  report laid out a program  to address utility                                                                    
company   concerns   and  legislative   concerns   regarding                                                                    
discovery  regulations, and  set out  a program  to consider                                                                    
and adopt  best practices whereby sooner  decisions could be                                                                    
made in  those proceeding wherein  a utility proposed  a new                                                                    
revenue requirement or  where a utility proposed  to adopt a                                                                    
new rate design.  Subsequent to the report the  RCA began to                                                                    
consider  several  regulation   changes;  it  sought  public                                                                    
comment   and  implemented   new  and   aggressive  internal                                                                    
protocols to assist rate  payers and utility constituencies.                                                                    
He asserted that the changes  were resulting in decisions in                                                                    
those types  of complex cases  in just over 300  days, which                                                                    
was  a reduction  from  the statutory  time  allowed of  450                                                                    
days. He  said that in  reducing the  time in which  a final                                                                    
decision in  a rate  case was derived  at, the  RCA achieved                                                                    
the  result  without   enhancement  in  funding,  additional                                                                    
staffing, new enabling  legislation, reported adverse impact                                                                    
on the utility  industry or protestation by  rate payers. He                                                                    
testified  that  the  progress  resulted  in  better  credit                                                                    
ratings for  utilities across the  state, which  resulted in                                                                    
lower capital  costs and lower  customer rates.  He stressed                                                                    
that  there   was  a  strong  relationship   between  agency                                                                    
managers  and   industry.  He  felt  it   was  important  to                                                                    
recognize that  the commission had assisted  the legislature                                                                    
and many other state agencies.                                                                                                  
                                                                                                                                
10:04:00 AM                                                                                                                   
                                                                                                                                
Mr.  Patch noted  that the  commission had  worked with  the                                                                    
legislature and the governor on  the interior energy project                                                                    
and   the  stand   along  gas   pipeline  legislation.   The                                                                    
commission   was   currently    assisting   Alaska   Gasline                                                                    
Development Corporation on tariff  and open season issues as                                                                    
well as  working with  the Alaska  Energy Authority  and the                                                                    
Alaska  Industrial  Development   and  Export  Authority  on                                                                    
important  planning and  development  issues.  He urged  the                                                                    
committee to approve the extension of the sunset date.                                                                          
                                                                                                                                
10:05:39 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer remarked that the commission was successful.                                                                     
                                                                                                                                
10:05:53 AM                                                                                                                   
Senator Hoffman reiterated his previous question.                                                                               
                                                                                                                                
Mr. Patch responded that there  was an authorization for the                                                                    
collection of approximately $9 million.                                                                                         
                                                                                                                                
Senator Hoffman  said that  in the  budget and  reflected in                                                                    
the  fiscal  note  there  was   a  20  percent  increase  in                                                                    
salaries,  he  wondered  if it  reflected  an  increase  for                                                                    
salaries for management positions.  He noted the increase in                                                                    
contracting  services and  highlighted that  the numbers  on                                                                    
Page  31 of  the audit  differed  from those  in the  fiscal                                                                    
note.  He  understood  that  there  were  no  general  funds                                                                    
involved  but requested  justification for  the fiscal  note                                                                    
and what the  process the board went  through when approving                                                                    
a budget.                                                                                                                       
                                                                                                                                
Mr.  Patch replied  that the  legislature set  an authorized                                                                    
entitlement  to  collect  and   from  that  entitlement  the                                                                    
commission  collected the  regulatory  cost  charges and  an                                                                    
amount of  money that was  made available to  the Regulatory                                                                    
Affairs and  Public Advocacy Section that  was generally the                                                                    
consumer advocate  representing rate  payers. He  added that                                                                    
when funds  were not  expended the  monies were  returned to                                                                    
rate payers  as a  credit against the  next year's  cycle of                                                                    
calculated regulatory cost charges.                                                                                             
                                                                                                                                
10:08:20 AM                                                                                                                   
                                                                                                                                
Senator Hoffman  queried whether there would  be an increase                                                                    
in  salaries  that  would  total  over  $1  million  in  the                                                                    
proposed  personal services.  Mr. Patch  replied that  there                                                                    
was  not  an  authorization to  increase  salaries;  rather,                                                                    
there was approval for additional staff.                                                                                        
                                                                                                                                
10:09:23 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  remarked  that  the  fiscal  note  did  not                                                                    
reflect an increase in staff numbers.                                                                                           
                                                                                                                                
Representative Hawker  interjected that it was  important to                                                                    
notice that  the governor's request  was for FY15,  the most                                                                    
recent  numbers in  the unaudited  schedule of  revenues and                                                                    
expenditures was for  FY12, and was 3  years out-of-date. He                                                                    
noted that  the commissioner's salaries were  established in                                                                    
statute  and  could not  be  increased  without a  statutory                                                                    
change. He highlighted that the  fiscal note included a $1.3                                                                    
million  Department of  Law  Regulatory  Affairs and  Public                                                                    
Advocacy  transfer,  which  would  need to  be  included  in                                                                    
additional  expenditures and  was, undoubtedly,  the largest                                                                    
share of the reconciling item.                                                                                                  
                                                                                                                                
10:11:15 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:11:45 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
10:11:48 AM                                                                                                                   
                                                                                                                                
Representative Hawker  spoke to  the difference  between the                                                                    
numbers on  Page 31  of the  audit and  the fiscal  note. He                                                                    
stated  that   the  transfer  to   the  Department   of  Law                                                                    
Regulatory  Affairs and  Public  Advocacy was  noted on  the                                                                    
bottom Page  31 of the  audit. The transfer was  included in                                                                    
the  fiscal note  and made  up a  significant amount  of the                                                                    
contract services differential.                                                                                                 
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
10:13:21 AM                                                                                                                   
                                                                                                                                
KRIS  CURTIS,   LEGISLATIVE  AUDITOR,  ALASKA   DIVISION  OF                                                                    
LEGISLATIVE AUDIT,  stated that the audit  of the commission                                                                    
had found  that the RCA  was working in the  public interest                                                                    
and reiterated the recommendation  for the 8 year extension.                                                                    
She  highlighted two  audit recommendations;  first, it  was                                                                    
recommended  that  the  RCA continue  to  improve  its  case                                                                    
management data, as the division  had encountered high error                                                                    
rates  when running  tests in  2013. Secondly,  the division                                                                    
recommended   that  the   legislature  consider   clarifying                                                                    
statutory  timelines  for   rule  making,  or  "regulatory,"                                                                    
proceedings. She stated that statutes  required RCA to issue                                                                    
a final  order in  a rule  making docket  no later  than 730                                                                    
days after  completer petition  for a  change was  filed, or                                                                    
after  the commission  initiated  proceedings.  There was  a                                                                    
provision for one 90 day  extension for good cause; statutes                                                                    
prohibited RCA  from terminating  a proceeding in  a docket,                                                                    
and  then   opening  a  proceeding  in   another  docket  on                                                                    
substantially the same  matter. The audit had  found that on                                                                    
occasion the RCA had split  rule making proceedings into two                                                                    
dockets, the first to consider  whether there was a need for                                                                    
regulations in an  area of concern or  interest. Once public                                                                    
testimony   and  comments   were   obtained  regarding   the                                                                    
potential regulations, the docket  was closed. If the record                                                                    
indicated  a  need  for regulations,  RCA  opened  a  second                                                                    
docket to  consider adopting  the regulations.  The division                                                                    
found that  the process allowed  the RCA  to take up  to 4.5                                                                    
years to complete proceedings. She  said that RCA management                                                                    
believed  that  including  clear   intent  language  in  the                                                                    
dockets initiating  order made  the process  transparent and                                                                    
complied with statute.  The division had found  that RCA was                                                                    
including clear intent  language in the dockets  and in that                                                                    
regard the  process was transparent. The  division wanted to                                                                    
raise the  issue for  legislative consideration  because the                                                                    
process appeared  to evade statutory  timelines and  did not                                                                    
appear  to  serve  the regulated  community  or  the  public                                                                    
interest.  The recommendation  was  for  the legislature  to                                                                    
consider  clarifying statutes  to ensure  RCA complied  with                                                                    
legislative intent when processing regulatory dockets.                                                                          
                                                                                                                                
10:16:00 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer  believed that the recommendation  would have                                                                    
to  be  implemented through  a  new  and separate  piece  of                                                                    
legislation.                                                                                                                    
                                                                                                                                
Representative  Hawker said  that the  legislature could  do                                                                    
anything it  chose; however, there  had been a  long history                                                                    
of keeping reauthorization bills "clean".                                                                                       
                                                                                                                                
10:16:37 AM                                                                                                                   
                                                                                                                                
Mr.  Patch  disagreed  with  the  audit  recommendation.  He                                                                    
stated  that the  orders of  the  commission, as  regulatory                                                                    
proceedings  were opened  and closed,  contained very  clear                                                                    
and  explicit  statements  of  the  RCA's  intention  as  it                                                                    
engaged in  the process.  He noted that  one of  the matters                                                                    
before the  committee in past RCA  sunset extension hearings                                                                    
was  the  matter  of  discovery;  should  the  RCA  have  an                                                                    
articulated  discovery  concern,   after  consideration  the                                                                    
consensus  had  been  that the  commission  should  adopt  a                                                                    
discovery regulation.  He stressed that decided  whether the                                                                    
commission should adopt  discovery regulations was different                                                                    
that  deciding what  the language  of the  regulations would                                                                    
contain  and   how  it  would  allow   parties  to  discover                                                                    
information. He  did not  believe that  it was  necessary to                                                                    
change  the   law  for  two  reasons:   first,  the  current                                                                    
statutory prohibition  states that the commission  would not                                                                    
seek  to   evade  the  legislature's   intent;  secondarily,                                                                    
subsequent to  the last  reauthorization the  commission had                                                                    
adopted a procedure that allowed  the commission to consider                                                                    
and  obtain matters  of public  opinion in  an informational                                                                    
docket which had no timeline.                                                                                                   
                                                                                                                                
10:20:36 AM                                                                                                                   
                                                                                                                                
Senator Hoffman looked at the  fiscal note and Appendix C of                                                                    
the   audit,   and  remarked   that   in   FY11  there   was                                                                    
approximately $62,000  of revenue  that came from  the Power                                                                    
Cost  Equalization  Program  (PCE)  that had  jumped  up  to                                                                    
$93,000  FY12.   He  requested   clarification  as   to  the                                                                    
breakdown of the revenue.                                                                                                       
                                                                                                                                
Mr.  Patch replied  that Alaska  Energy Authority  (AEA) had                                                                    
provided  yearly  grants  of $140,000.  The  commission  had                                                                    
certain responsibilities  under the  PCE program  and billed                                                                    
against   the  grant   for   quantification,  analysis   and                                                                    
community  assistance  in  obtaining  the  benefits  of  the                                                                    
program.  He stated  that the  numbers cited  in the  fiscal                                                                    
note was the funds that  the commission had expended in past                                                                    
years against the grant.                                                                                                        
                                                                                                                                
10:22:16 AM                                                                                                                   
                                                                                                                                
Senator Hoffman wondered if Ms.  Curtis could respond to the                                                                    
$30,000 increase from FY11 to FY12.                                                                                             
                                                                                                                                
Ms. Curtis replied that she  could not. She pointed out that                                                                    
the  numbers listed  in Appendix  C had  been unaudited  and                                                                    
that the  figures had  been provided  by the  commission for                                                                    
inclusion into the report for informational purposes.                                                                           
10:23:00 AM                                                                                                                   
                                                                                                                                
Senator Hoffman  requested that the auditor  or the chairman                                                                    
of  the  commission provide  a  copy  of  the grant  to  the                                                                    
committee.                                                                                                                      
                                                                                                                                
10:23:24 AM                                                                                                                   
                                                                                                                                
Representative Hawker  announced that  the line item  was an                                                                    
on-demand type of spending activity;  the commission had not                                                                    
spent the entire  $140,000 in each year and in  the 9 months                                                                    
of FY13, the expenditure had been only $55,000.                                                                                 
                                                                                                                                
10:24:19 AM                                                                                                                   
                                                                                                                                
Co-Chair   Meyer  remarked   that   the   fiscal  note   was                                                                    
substantial, but it had been adequately justified.                                                                              
10:24:39 AM                                                                                                                   
                                                                                                                                
HB 234 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB220 Public Testimony - Combs.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Rushing.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 PERSTRS Funding - Pearce.msg SFIN 4/14/2014 9:00:00 AM
SB 220
Sb220 Unfunded Liability - Trumbower.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 - Yes Public Testimony - Mohn.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Haskins.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Tenney.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 SENATE BILL Public Testimony - Ha'o.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Please support the Unfunded State Pension Liability and HB 385 and SB220 - Holzapfel.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
Sb220 Unfunded Liability - HB385 - Jordan.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 Public Testimony - McGowan.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 In support of HB 385 and SB220 - Klawunder.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 Please Support SB 220 - Correction - Super.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 - Hb 385 Public Testimony - Campbell.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 - HB 385 Public Testimony - Miller.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 - HB 385 Public Testimony - Nault.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB 220 Public Testimony - Landstrom.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Cutilletta.pdf SFIN 4/14/2014 9:00:00 AM
SB 220
HB75 Public Testimony - Stewart.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB75 Please support HB75 changes to Pick Click Give - DeCherney.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75 Public Testimony - Morse.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB75 Public Testimony - Tarver.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB239 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 239
HB239 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 239
HB240 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 240
HB240 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 240
HB241 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 241
HB241 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 241
HB242 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 242
HB242 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 242
HB 234 - Support Letter-AML.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 234 - Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 234 - Supporting Document RCA Sunset Audit 2013.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 234 - Supporting Document RCA-Summary of Efforts 01-2014.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 210-Updated Sectional Summary.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
House Bill 210-Explanation of Changes from Version E to Version B.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
HB 210 Supporting Document-DLC Letter of Support.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
House Bill 210-Explanation of Changes from Version Y to E.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
House Bill 210-Updated Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
HB 378 Sectional Analysis Ver P.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB 378 diffs ver N to ver O.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB 378 Sponsor Statement ver P.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB378 Hearing request SFIN 4-10-14.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB378 Support Letter Thompson.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB 75-Summary of Changes.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75 Sectional Analysis.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Pick.Click.Give. Application.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-About Pick.Click.Give..pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Alaska Statute 43.23.062.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Letters of Support.pdf SFIN 4/14/2014 9:00:00 AM
HB 75