Legislature(2001 - 2002)

01/31/2002 01:35 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
         SB 209-LEGISLATIVE APPROVAL OF RAILROAD LEASES                                                                     
                                                                                                                                
                                                                                                                              
SENATOR LEMAN, sponsor  of SSSB 209, said he  represented District                                                              
G  in  the  Senate,   which  includes  the  reserve   area.    The                                                              
legislation was precipitated by of  desires to lease some railroad                                                              
property.  The existing 35-year lease  is insufficient to get long                                                              
term financing for larger projects.   This bill extends the length                                                              
of  time that  the  railroad can  lease  lands  within 4  terminal                                                              
reserves  at  Anchorage,  Fairbanks,  Seward and  Healy  from  the                                                              
current 35 years to 55 years.                                                                                                   
                                                                                                                                
He explained it would help cultivate  economic development.  There                                                              
are projects  that are  being proposed  that will make  commercial                                                              
and residential  property more valuable.   The scenario  where the                                                              
railroad  could step  in and take  away leased  property after  35                                                              
years is  unlikely but  it is  of sufficient  risk that  long-term                                                              
lenders are not comfortable with it.                                                                                            
                                                                                                                                
Anchorage Neighborhood Housing is  working on development of a 20-                                                              
unit senior  housing complex  on railroad  property in  Government                                                              
Hill.   The legislature  was involved  in part  of the funding  of                                                              
that  project  and this  is  a  continuation.   Housing  would  be                                                              
developed  using Housing  Urban Development  (HUD) Senior  Housing                                                              
Funds but HUD requires a 50-year lease period.                                                                                  
                                                                                                                                
This bill will promote economic development  and job opportunities                                                              
with greater  flexibility.  He said  it was supported by  a number                                                              
of  people  and  organizations  and   he  was  not  aware  of  any                                                              
opposition.   The Municipality  of Anchorage  supported it  and he                                                              
believed  there were support  groups in  Fairbanks and  elsewhere.                                                              
He commended  it to  the committee  and asked  for their  positive                                                              
action.                                                                                                                         
                                                                                                                                
CHAIRMAN COWDERY asked if on page  1 line 7, the word "sell" would                                                              
restrict  a buyer  from coming  in and  buying the  railroad at  a                                                              
later time.                                                                                                                     
                                                                                                                                
SENATOR LEMAN answered that the intent  of the legislation was not                                                              
to  affect any  ability  to  sell or  deal  with transfer  of  the                                                              
railroad.   It would  likely enhance the  value of the  railroad's                                                              
sale price  if it  were to  be sold.   He said  that was  existing                                                              
language, which the bill did not change.                                                                                        
                                                                                                                                
SENATOR  TAYLOR asked why  the legislation  restricted the  period                                                              
within  which the  railroad might  lease  its land  to only  those                                                              
terminal reserve  areas found in  Anchorage, Fairbanks,  Seward or                                                              
Healy.                                                                                                                          
                                                                                                                                
SENATOR  LEMAN answered  that was considered  originally  but they                                                              
concluded to remove some of the challenges  along the way or limit                                                              
some of  the possible  objections to those  areas where  there has                                                              
been expressed interest in some major  long-term finance projects.                                                              
He said someone from the railroad  that had dealt with some of the                                                              
negotiations was available to speak  as to why the restriction but                                                              
it was part of the compromise to get this through.                                                                              
                                                                                                                                
WENDY LINDSKOOG said it would be  great if they could have the 55-                                                              
year lease  potential on all of  their reserve lands.   There were                                                              
reserve  lands that  had  not been  targeted  by large  commercial                                                              
development but someday they might  be and then the railroad would                                                              
be before  the legislature  asking  again to extend  to 55  years.                                                              
She explained  that their right-of-way  land is limited to  an 18-                                                              
year lease due to the Federal Transfer Act.                                                                                     
                                                                                                                                
SENATOR TAYLOR said  it was a good investment policy  to go from a                                                              
restriction of 35  years to a restriction of 55 years.   He didn't                                                              
think anybody  objected  to that especially  with financing  modes                                                              
the way  they are today.   He asked  her if  she was aware  of any                                                              
specific opposition or group that would oppose that.                                                                            
                                                                                                                                
MS.  LINDSKOOG answered  no  adding that  Representative  Rokeberg                                                              
expressed the same opinion for including all reserve lands.                                                                     
                                                                                                                                
SENATOR TAYLOR moved  they amend by deleting lines  13, 14 on page                                                              
1 and  lines 1, 2, 3  and the word "paragraph"  on line 4,  page 2                                                              
and delete the numeral 3 and insert  the numeral 5 on line 4, page                                                              
2.   It  would then  read  (line 5  page  1) Legislative  approval                                                              
required.  (line  12 page 1)(4) lease land for a  period in excess                                                              
of  55  years  unless  the  corporation   reserves  the  right  to                                                              
terminate the lease.   He said it was existing law.   Changing the                                                              
number 35 to  55 would grant the  railroad the right to  go for 55                                                              
years on all of its lands.                                                                                                      
                                                                                                                                
JIM  KUBITS,  Alaska Railroad  Corporation,  said  Bill  Hupprich,                                                              
their  associate  counselor,  was   listening  and  reviewing  the                                                              
amendment.  He  thought Ms. Lindskoog characterized  their feeling                                                              
that it would  be desirable to include  all the land.   He thought                                                              
Senator  Taylor's  motion  appeared  to be  very  appropriate  and                                                              
accurate.                                                                                                                       
                                                                                                                                
SENATOR ELTON said  he did not have a problem with  what they were                                                              
trying to get to but it seemed to  him they were not just changing                                                              
the  term of  the  lease but  were  striking the  words  "terminal                                                              
reserve".                                                                                                                       
                                                                                                                                
SENATOR TAYLOR said it was.                                                                                                     
                                                                                                                                
SENATOR WARD asked him to read it again.                                                                                        
                                                                                                                                
SENATOR TAYLOR  read, starting on line  12, "(4) lease land  for a                                                              
period in excess  of 55 years."  This covered all  their land both                                                              
the land inside a terminal reserve  and the land that is outside a                                                              
terminal reserve.                                                                                                               
                                                                                                                                
SENATOR  ELTON said  they were not  only extending  the period  of                                                              
time  they were  extending the  land over  which they  can give  a                                                              
lease over 55 years to all their land, corridor land also.                                                                      
                                                                                                                                
MS. LINDSKOOG said that within their  corridor they are limited to                                                              
18 years.                                                                                                                       
                                                                                                                                
SENATOR TAYLOR said that was what  they called right-of-way lands.                                                              
They  were  limited to  18  years  because of  federal  conveyance                                                              
language.                                                                                                                       
                                                                                                                                
BILL  HUPPRICH, Alaska  Railroad Corporation,  said the  amendment                                                              
language was perfect.                                                                                                           
                                                                                                                                
SENATOR TAYLOR  said the  question from Senator  Elton was  a very                                                              
good one.   Would that  allow the  railroad to lease  right-of-way                                                              
lands for up to 55 years.                                                                                                       
                                                                                                                                
MR. HUPPRICH said  their current policy was they  do not lease any                                                              
of  the  right-of-way  land.    They   periodically  issue  permit                                                              
agreements, which are license agreements.   They are terminable at                                                              
will  for  particular  types  of  uses  within  the  right-of-way.                                                              
According  to the Federal  Transfer Act  if they  were not  to use                                                              
their right-of-way  for railroad purposes  for a period  in excess                                                              
of  18  years   that  land  could  revert  back   to  the  federal                                                              
government.                                                                                                                     
                                                                                                                                
CHAIRMAN COWDERY  called for any  objection to the motion.   There                                                              
being no objection, the amendment passed.                                                                                       
                                                                                                                                
SENATOR LEMAN asked if the bill would need a title change.                                                                      
                                                                                                                                
SENATOR TAYLOR  said he did not think  so but he would  have title                                                              
people check before it went to Resources.   He moved the bill with                                                              
individual recommendations from committee as amended.                                                                           
                                                                                                                                
CHAIRMAN  COWDERY  asked  for  any objections.    There  being  no                                                              
objection, the motion  passed.  The meeting was  adjourned at 3:05                                                              
p.m.                                                                                                                            

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