Legislature(2013 - 2014)BUTROVICH 205

03/14/2013 01:30 PM Senate TRANSPORTATION


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01:43:42 PM Start
01:44:54 PM Presentation: Old Harbor Airport Runway Extension
02:07:42 PM SB13
03:17:55 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Old Harbor Airport Runway Extension TELECONFERENCED
*+ SB 13 KNIK ARM BRIDGE AND TOLL AUTHORITY TELECONFERENCED
Heard & Held
           SB  13-KNIK ARM BRIDGE AND TOLL AUTHORITY                                                                        
                                                                                                                                
2:07:42 PM                                                                                                                    
CHAIR EGAN announced SB 13 to be up for consideration.                                                                          
                                                                                                                                
2:08:23 PM                                                                                                                    
At ease from 2:08 to 2:10 p.m.                                                                                                  
                                                                                                                                
2:10:11 PM                                                                                                                    
JODY SIMPSON,  staff to Senator  Huggins, sponsor of SB  13, said                                                               
this  is a  companion bill  to  HB 23.  This project  - Knik  Arm                                                               
Bridge  and Toll  Authority  (KABATA) -  has  been discussed  and                                                               
vetted over 35 years. SB  13 accomplishes three things: increases                                                               
KABATA's  bond  issuance  capacity  from  $500  million  to  $600                                                               
million, which  will allow them  to offer the full  allocation of                                                               
private activity bonds  to the private developers  to factor into                                                               
their  proposals; it  clarifies that  the bridge  is exempt  from                                                               
local  property  taxes  if  the   private  partner  operates  the                                                               
facility on behalf of the state,  which puts the bridge (which is                                                               
always owned  by the state)  in the  same tax exempt  category as                                                               
all state  roads; and establishes  a project reserve  and details                                                               
the  operation  of  this  reserve.  The  reserve  is  where  toll                                                               
revenues, appropriations  and other  funds will be  deposited; it                                                               
will include  a reporting and replenishment  mechanism subject to                                                               
legislative appropriation.                                                                                                      
                                                                                                                                
She said  these three elements  are designed to achieve  the best                                                               
value for the  State of Alaska in  the public-private partnership                                                               
that is being used to build  the bridge. She recapped that KABATA                                                               
was  established in  2003 by  the legislature  under AS  19.75 to                                                               
construct a bridge over the  Knik Arm between the Municipality of                                                               
Anchorage  and  the  Mat-Su Borough.  In  2006,  the  legislature                                                               
amended  the enabling  statute to  allow the  authority to  enter                                                               
into a  public-private partnership to finance,  design, build and                                                               
operate  the  crossing.  Since   that  time,  the  authority  has                                                               
followed the  direction of the legislature  by steadily advancing                                                               
the project toward construction.                                                                                                
                                                                                                                                
2:13:20 PM                                                                                                                    
MS. SIMPSON said  the sponsor wanted to emphasize  that the MatSu                                                               
Borough population  grew by  140 percent  between 1985  and 2000;                                                               
during that  same time Anchorage  grew by 28.6  percent. Together                                                               
those regions grew  by 44.5 percent. The communities  of Knik and                                                               
Goose  Bay, the  area that  will receive  traffic from  Anchorage                                                               
across the  Inlet, if incorporated,  would be the  fourth largest                                                               
city in Alaska.  The area has more people living  in it right now                                                               
than live in the combined cities of Palmer and Wasilla.                                                                         
                                                                                                                                
From 2000-2010, she  said, the auto count on  Knik/Goose Bay Road                                                               
grew  from   12,590  cars  to  18,308.   Currently,  calculations                                                               
indicate the accident  rate is nearly twice as high  as the rates                                                               
on the Seward Highway.                                                                                                          
                                                                                                                                
2:14:46 PM                                                                                                                    
MICHAEL  FOSTER, Chairman,  Board of  Directors, Knik  Arm Bridge                                                               
and  Toll Authority  (KABATA), Anchorage,  AK, said  this project                                                               
gets down to  the much needed new infrastructure  Alaska needs as                                                               
a whole. It is  not a connection between Point A  and Point B for                                                               
the Municipality of Anchorage and  the Mat-Su Borough, but rather                                                               
the infrastructure  that would be  important to the  western side                                                               
of Cook  Inlet, Interior Alaska  and all  the state. The  way the                                                               
project is structured,  the net revenue over  time would actually                                                               
go back  to Title 23  projects statewide from marine  highways to                                                               
airports to harbors and board walks in rural Alaska.                                                                            
                                                                                                                                
2:16:54 PM                                                                                                                    
One of the most important pieces  of this project starts with the                                                               
population growth  in Southcentral  of 44.5 percent  between 1985                                                               
and 2000 and the resulting growth of traffic.                                                                                   
                                                                                                                                
2:17:42 PM                                                                                                                    
The  Department  of  Labor   and  Workforce  Development  (DOLWD)                                                               
modeled a projection in 2012  for Southcentral Alaska that showed                                                               
a growth in  Anchorage of about 26 percent and  in the Borough of                                                               
80  percent growth  with  an overall  Southcentral  growth of  39                                                               
percent.  The  University of  Alaska's  Institute  of Social  and                                                               
Economic  Research (ISER)  did a  model in  2009 (funded  through                                                               
DOTPF) before the census showing  that growth in Anchorage was 20                                                               
percent  and in  MatSu  90  percent with  the  overall growth  in                                                               
Southcentral was about 37 percent.                                                                                              
                                                                                                                                
The growth in  the MatSu Borough is one of  the key components to                                                               
the  traffic demand  on the  Glenn Highway.  The 2009  ISER model                                                               
under-predicted  MatSu  growth by  9.8  percent.  Using the  same                                                               
factor of growth, he took the  ISER model and plugged in the 2010                                                               
census  numbers  as an  established  baseline  and that  actually                                                               
showed a growth of 127 percent or a population of 190,000.                                                                      
                                                                                                                                
2:20:17 PM                                                                                                                    
MR. FOSTER said KABATA also had  a model of Anchorage, the Mat-Su                                                               
Borough and  Southcentral over the  same timeframe that  showed a                                                               
growth of 128 percent. Both  models show about 100,000 additional                                                               
Borough  residents. The  overall  area  in Southcentral  actually                                                               
grew by 42  percent. Projecting that out over the  next 25 years,                                                               
Anchorage will grow by about 24  percent (in the last 25 years it                                                               
grew by  28 percent), and  the Borough  will continue to  grow by                                                               
128 percent (in the last 25 years it grew by 140 percent).                                                                      
                                                                                                                                
The Anchorage Metropolitan  Area Transportation Solutions (AMATS)                                                               
indicates that  almost half of  the growth in the  Anchorage area                                                               
occurs along  the Glenn Highway,  more specifically north  of the                                                               
Glenn  at the  Eagle  River  Bridge. Eagle  River  to Chugach  to                                                               
Peters  Creek out  to Eklutna  grew by  about 74  percent in  the                                                               
model; that is 44 percent of  the total population growth that is                                                               
predicted  for  Anchorage.  If  you look  at  the  population  by                                                               
itself,  you see  a substantial  growth along  the Glenn  Highway                                                               
from Eagle River out to the  MatSu Borough over the past 25 years                                                               
or from Palmer  to Wasilla to Knik, Goose Bay  and parts thereof.                                                               
From  the  population,  Mr.  Foster   said,  comes  the  critical                                                               
component -  traffic - because  this is about  transportation not                                                               
population growth.                                                                                                              
                                                                                                                                
He  said the  Glenn Highway  at Eklutna  in 1985  had an  average                                                               
daily traffic  count of 15,700; in  2010 that grew to  29,700, an                                                               
89 percent growth.                                                                                                              
                                                                                                                                
2:22:41 PM                                                                                                                    
CHAIR EGAN asked if that was for the same number of lanes.                                                                      
                                                                                                                                
MR. FOSTER answered no; the  Glenn Highway had been expanded over                                                               
those 25 years. Their model  predicted 65,000 vehicles at Eklutna                                                               
in the same time frame (2010-2035).                                                                                             
                                                                                                                                
Highland, the next measuring point  just south of the Eagle River                                                               
Bridge, where  the six lanes  start, in 1985 had  33,000 vehicles                                                               
(it wasn't six lanes all the way  out to Highland in 1985) and in                                                               
2010 there were  52,000 vehicles. The Glenn  traffic increased by                                                               
52  percent in  those 25  years. The  Glenn today  is at  "design                                                               
capacity,"  which  means that  is  where  it  should be  for  the                                                               
highway speeds  and the  traffic counts. This  is one  reason why                                                               
another lane is being added  southbound at the Eagle River Bridge                                                               
through a GO bond.                                                                                                              
                                                                                                                                
They project  110,000 vehicles in  Highland in 2035 based  on the                                                               
population models he discussed. This  is a staggering number, but                                                               
he remembered  in 1985 there were  only 33,000 and in  2010 there                                                               
52,800.                                                                                                                         
                                                                                                                                
2:25:17 PM                                                                                                                    
MR. FOSTER said there is a  lot of discussion about who would use                                                               
this bridge  if people will still  use the Glenn. Again,  this is                                                               
all about transportation,  he said; the Knik  Goose/Bay Road (the                                                               
road that brings the west side  of Cook Inlet traffic to Wasilla)                                                               
might be called a highway, but  between 2000 and 2010 the traffic                                                               
count  on that  road went  from 12,600  to 18,400,  a 45  percent                                                               
increase.  Also  based  on the  federal  highway  accident  rates                                                               
(based on fatalities  and major accidents in a  "100 million mile                                                               
ratio"),  the Knik/Goose  Bay had  a ratio  of 22.something  to a                                                               
ratio  of 14  for the  Seward  Highway. If  you look  at all  the                                                               
transportation corridors, the Knik/Goose  Bay Road is clearly the                                                               
deadliest road in the state.                                                                                                    
                                                                                                                                
2:26:36 PM                                                                                                                    
The amount  of population at the  end of Knik/Goose Bay  Road, if                                                               
that  area incorporated  today, would  be roughly  17,000 people,                                                               
and  it would  be  the fourth  largest city  in  Alaska; and  the                                                               
Palmer/Wasilla area combined is only about 14,000 people.                                                                       
                                                                                                                                
He said  critics will talk  about the use  of the bridge  and the                                                               
amount of  traffic in years  one and two,  but in year  one their                                                               
model predicts  about 3,000  vehicles will  cross the  bridge one                                                               
way  every  day (or  6,000  total  trips),  which is  similar  to                                                               
traffic at  Huffman or  DeArmond in  Anchorage now.  Their models                                                               
shows in the  initial years more trips start  from Anchorage than                                                               
the other direction. He said with  or without a bridge the Mat-Su                                                               
Borough  in that  area  is  the fastest  growing  portion of  the                                                               
borough. "It  is not a  bridge to  nowhere," he said;  it already                                                               
has a  correction facility, and  a rail extension is  coming into                                                               
Port  MacKenzie  that  is  also being  developed  as  a  resource                                                               
development. Some things  are there already; this  is just needed                                                               
infrastructure.                                                                                                                 
                                                                                                                                
2:29:06 PM                                                                                                                    
In 2008,  he said the  DOTPF did a  study of expanding  the Glenn                                                               
Highway based  on traffic predictions  (Glenn going to  six lanes                                                               
northbound  and expanding  to an  eight-lane going  out to  north                                                               
Eagle  River where  a  large  portion of  traffic  comes on)  and                                                               
estimated  it would  cost about  $3  billion to  expand over  the                                                               
course of  25 years to  handle traffic  capacity. So you  have to                                                               
ask yourself do you use STIP money  to expand the Glenn or do you                                                               
look at  another public-private partnership with  toll revenue to                                                               
build infrastructure  that, based  on their  models, will  have a                                                               
net  return  to  the  state  over  the  life  of  the  concession                                                               
(although in  the initial years they  will have to draw  from the                                                               
reserve  fund  to subsidize  the  payment).  But based  on  their                                                               
traffic and  population model,  money will  start coming  back to                                                               
the reserve fund  in seven or eight years and  over the course of                                                               
45 years about $2.2 billion in  net surplus can be used for Title                                                               
23  statewide for  any eligible  transportation project  not only                                                               
for Anchorage and the Mat-Su  Borough but for Southeast and rural                                                               
Alaska.                                                                                                                         
                                                                                                                                
SENATOR FRENCH  asked how much  state and federal money  had been                                                               
spent on KABATA to date.                                                                                                        
                                                                                                                                
MR. FOSTER replied $75 million.                                                                                                 
                                                                                                                                
SENATOR FRENCH asked him why raising  the bond limit from $500 to                                                               
$600 million was necessary.                                                                                                     
                                                                                                                                
2:31:30 PM                                                                                                                    
MR.  FOSTER answered  that  they currently  have  a $600  million                                                               
capacity  through  the  Safe,  Accountable,  Flexible,  Efficient                                                               
Transportation Equity  Act (SAFETEA-LU), so they  are just asking                                                               
to increase the capacity to  match the capacity they have through                                                               
the private activity bonds.                                                                                                     
                                                                                                                                
SENATOR FRENCH asked  why a bill was originally  written for $500                                                               
million if SAFETEA-LU gave us $600 million.                                                                                     
                                                                                                                                
MR. FOSTER answered  that he wasn't here in 2003,  but offered to                                                               
research it.                                                                                                                    
                                                                                                                                
SENATOR FRENCH asked why the  SAFETEA-LU is even a relevant point                                                               
when  it's the  state in  essence  giving them  the authority  to                                                               
issue the bonds.                                                                                                                
                                                                                                                                
MR.  FOSTER answered  that the  public-private  partnership is  a                                                               
private entity  that is  responsible for  financing, and  it will                                                               
have  to  acquire the  financial  support  through a  TIFIA  loan                                                               
process,  private activity  bonds  or  through private  financing                                                               
options. All  he does in the  SAFETEA-LU process is to  provide a                                                               
mechanism for  tapping into  the private  activity bonds  and the                                                               
federal government; the state is  not responsible for the private                                                               
activity bonds.                                                                                                                 
                                                                                                                                
SENATOR FRENCH asked  if the state didn't need to  issue bonds if                                                               
this part of the bill wasn't necessary.                                                                                         
                                                                                                                                
MR.  FOSTER answered  that the  department is  a conduit  for the                                                               
private activity bonds;  it doesn't underwrite them.  But they do                                                               
need statutory authority  to issue them. Currently  they have the                                                               
authority to  issue up to  $500 million, and this  would increase                                                               
that  amount  to $600  million.  They  just provide  the  private                                                               
partner  the  ability   to  go  to  SAFETEA-LU   as  a  financial                                                               
mechanism.                                                                                                                      
                                                                                                                                
SENATOR  FRENCH  asked  what  happens   to  the  project  if  the                                                               
Transportation Finance  and Innovation Act (TIFIA)  money doesn't                                                               
come through.                                                                                                                   
                                                                                                                                
2:34:28 PM                                                                                                                    
MR.  FOSTER replied  that the  reason  they think  they will  get                                                               
TIFIA funds is that MAP 21  has about $17 billion in capacity and                                                               
Alaska has submitted one of  the 29 letters of interest currently                                                               
into the Federal  Highways Administration as part  of the "greens                                                               
field"  type  loan process).  He  added  that,  in fact,  if  the                                                               
developer uses  the TIFIA loan,  payment isn't required  for five                                                               
years  after completion,  and then  it's  a low  interest in  the                                                               
initial  years  that  increases  over  time.  Alaska  is  one  of                                                               
eighteen states that  have applied for it. They  have applied for                                                               
49 percent,  because there  is a 49  percent ceiling  but believe                                                               
that the TIFIA program will  finance at least 33 percent, because                                                               
it doesn't appear that federal  highways will allow many projects                                                               
to get that much.                                                                                                               
                                                                                                                                
2:35:55 PM                                                                                                                    
MR. FOSTER  said he  met twice  with Secretary  of Transportation                                                               
LaHood, the major  projects group, and the  undersecretary on the                                                               
TIFIA when he was  in New York in June and asked  them to write a                                                               
letter about  what the state needs  to do in order  to advance in                                                               
the TIFIA process;  it should be in their  packets. Basically, it                                                               
says they want to see the  commitment of the state. Also in their                                                               
packets should be  a letter from the governor back  to TIFIA that                                                               
says it's  his intent to  fund this. Mr.  Foster said he  felt 90                                                               
percent  confident we  will get  TIFIA  with this  bill, but  100                                                               
percent  confident we  won't get  it if  this bill  doesn't pass.                                                               
Alaska won't be in the running  if they can't show that the state                                                               
is behind this  project. Not getting TIFIA equates  to about $100                                                               
million additional  cost to the state;  available financing would                                                               
cost more  and need to be  paid back sooner. They  would probably                                                               
come back to  the legislature for an  additional appropriation to                                                               
the reserve fund - assuming the  traffic count doesn't ramp up to                                                               
match some  of their  projections. The  other option  is to  do a                                                               
milestone  payment upfront  to  pay down  part  of that  capital,                                                               
which could be done through STIP or Title 23 funds.                                                                             
                                                                                                                                
2:38:37 PM                                                                                                                    
MS. SIMPSON clarified that she  didn't include the original TIFIA                                                               
letter, but  she did include  the governor's response as  well as                                                               
Senator Huggins' response.                                                                                                      
                                                                                                                                
2:39:49 PM                                                                                                                    
LARRY DEVILBISS, MatSu  Mayor, Palmer, AK, said  that every mayor                                                               
in  the  borough  totally  supports   this  project;  the  Alaska                                                               
Conference of Mayors  had also passed a resolution  in support of                                                               
it as  an indication that  this is  of importance to  the broader                                                               
state, not  just Anchorage  and the  borough. In  anticipation of                                                               
the  growth that  is already  moving towards  the landing  of the                                                               
causeway, they have already bonded  and are starting construction                                                               
this summer  on a  new high school/middle  school and  are laying                                                               
out two  town sites out there,  one of which is  already surveyed                                                               
and monumented. This  project is a very necessary  piece of their                                                               
infrastructure.                                                                                                                 
                                                                                                                                
MR. DEVILBISS said  he recently learned that of the  1 percent of                                                               
Alaska  that is  privately  owned,  30 percent  is  in the  MatSu                                                               
Borough, so it has a lot of room to grow.                                                                                       
                                                                                                                                
2:42:10 PM                                                                                                                    
JAMIE  KENWORTHY, representing  himself, Anchorage,  Alaska, said                                                               
SB 13  greatly expands  the state's  liability from  the existing                                                               
KABATA  statute. The  new language  says  the legislature  "must"                                                               
appropriate funds  to make annual  payments to the  contractor to                                                               
pay off  the bonds,  and Section  5 says  the state  "shall" fund                                                               
KABATA's overhead, administrative costs,  and working capital. He                                                               
said  he  believes a  moral  obligation  for the  agency's  self-                                                               
defined operating funds is unprecedented.                                                                                       
                                                                                                                                
He said there are four  problems related to the state's liability                                                               
for  this project,  which  counts  on future  tolls  to make  the                                                               
annual  liability payments,  the first  being overestimated  toll                                                               
revenues.  KABATA's traffic  and toll  consultant, Wilbur  Smith,                                                               
has an average  overestimating error rate of 118  percent for the                                                               
first five  years of all  their national projects that  have been                                                               
opened, more  than a  factor of  2. Those  numbers come  from the                                                               
Transportation  Research   Board  of  the  National   Academy  of                                                               
Sciences. KABATA says there will  be $4.2 billion in toll revenue                                                               
over 35 years,  but Mr. Kenworthy said his estimate  is half that                                                               
at $2.1 billion.  That might be combined with  the possibility of                                                               
50  percent fewer  cars, which  actually  happened when  CH2MHill                                                               
modeled ISER data for the Highway to Highway project.                                                                           
                                                                                                                                
Further, Mr. Kenworthy  said that two Wilbur  Smith projects have                                                               
already  gone bankrupt  and a  few  more are  having their  debts                                                               
restructured, which is bond talk for  the state having to come up                                                               
with more  money and the  bond holders  having to take  a haircut                                                               
and stretch out the repayments.                                                                                                 
                                                                                                                                
SENATOR  DYSON asked  where  it  says the  state  must pay  these                                                               
liabilities.                                                                                                                    
                                                                                                                                
MR. KENWORTHY  responded it doesn't  say "moral  obligation," but                                                               
under Section  5, KABATA  is going to  identify their  cash needs                                                               
for  admin working  capital and  overhead.  If you  ask any  bond                                                               
counsel, the  language of when  you establish a reserve  fund and                                                               
when you ask  for an appropriation is the  language that triggers                                                               
the moral obligation  of the state. At that point  the state will                                                               
have  a  choice of  funding  the  reserve  fund  to make  up  for                                                               
whatever amount is needed according  to what KABATA says it needs                                                               
(or is  reneging on  paying, in effect)  and the  national credit                                                               
rating  agencies   will  see  that   language  (which   shows  as                                                               
contingent liability on the state's  balance sheet) and will then                                                               
basically ding the State of Alaska.                                                                                             
                                                                                                                                
He believed that  if this bill passes by next  fall, KABATA would                                                               
issue  a  35-year  contract  for billions  of  dollars  and  this                                                               
language would  then be in  place to fully replenish  the reserve                                                               
fund  to meet  that moral  obligation. The  credit rating  of the                                                               
state could then be downgraded,  because the rating agencies will                                                               
notice   that   Alaska   is  now   doing   unlimited   contingent                                                               
liabilities. Fitch right  now has us at AAA;  Standard Poor's and                                                               
                     +.                                                                                                         
Moody's have us at AA                                                                                                           
                                                                                                                                
2:45:32 PM                                                                                                                    
SENATOR DYSON  asked if  the assets  of the  state would  have to                                                               
back the fund if it goes in the ditch, so to speak.                                                                             
                                                                                                                                
MR. KENWORTHY  replied yes, but  it's a little  more complicated.                                                               
The language  that is needed  to replenish the fund  is customary                                                               
language  for  establishing  a moral  obligation.  First,  KABATA                                                               
would  say  there is  too  little  money  in  the fund.  A  TIFIA                                                               
application clearly says  in a footnote that at any  time it gets                                                               
below  $50  million   they  will  ask  the   legislature  for  an                                                               
appropriation.  That is  when the  legislature  has two  choices:                                                               
either appropriate the funds or  have Wall Street notice that you                                                               
have a  contingent liability you're  not funding. AIDEA  and AHFC                                                               
don't have  such language, because  they don't have this  kind of                                                               
reserve fund for operating funds.                                                                                               
                                                                                                                                
He said the  second problem is the missing  $500 million, because                                                               
KABATA was  turned down last fall  for the TIFIA loan.  The third                                                               
problem  is that  the latest  financial phase  one plan  includes                                                               
impossibly derived revenue  from what has to be  four lanes after                                                               
2025, but the  plan only pays for a two-lane  bridge out to 2051.                                                               
KABATA  has  to either  take  $1.9  billion  out of  the  revenue                                                               
forecast, because that's the maximum  load for a two-lane bridge,                                                               
or it needs  to put in $550  million to $800 million  for a four-                                                               
lane bridge in phase 2 and the connection to Ingrid/Gamble.                                                                     
                                                                                                                                
MR. KENWORTHY said the numbers in the last six financial pro-                                                                   
forma  plans really  move  around  a lot.  The  2010  one had  $7                                                               
billion  in availability  payments,  and now  it's $2.7  billion.                                                               
However, they  all have  one fixed number,  which is  basically a                                                               
minimum bond  cover ratio of  1.25:1.40, which means  that you've                                                               
got to have $1.30 to pay $1.00 of costs.                                                                                        
                                                                                                                                
2:48:04 PM                                                                                                                    
His opinion was that the  numbers had all been reverse engineered                                                               
starting  with the  bond  cover  ratio and  working  back to  the                                                               
traffic and  tolls that would get  that number. So, in  2011 they                                                               
asked for a $300 million loan  from TIFIA and showed $600 million                                                               
more  in  toll  revenue  than   this  year's  application,  which                                                               
basically asks for a $500 million  loan and has $600 million less                                                               
in tolls.                                                                                                                       
                                                                                                                                
2:48:37 PM                                                                                                                    
MR.  KENWORTHY said  that  the  last problem  is  why  this is  a                                                               
public-private partnership deal instead  of direct state bonding.                                                               
By KABATA  numbers, the contractor  is putting in $73  million of                                                               
equity  and  taking  out  $738  million  in  net  cash  flow  for                                                               
financing the deal at 12 percent  for 35 years, but he thought it                                                               
should be  $150 million less. That  would still add up  to a half                                                               
billion dollars,  because the state is  guaranteeing the contract                                                               
but the contractor takes that  contract to Wall Street and issues                                                               
the  bonds.  He  questioned  why the  state  should  guarantee  a                                                               
contract  that pays  10-12  percent  over 35  years  when it  can                                                               
borrow at less than 4 percent.                                                                                                  
                                                                                                                                
MR. KENWORTHY asked  why the complicated P3  structure. His guess                                                               
was that this  is the only way  to sell the bridge as  if it will                                                               
be free  or to by-pass  the capital budget process.  He estimated                                                               
the bridge  will cost  a minimum  of $2.6  billion or  $3,500 per                                                               
Alaskan, plus the $2 billion  in tolls. Basically, he thought the                                                               
whole deal was a  house of cards that is only held  up by a state                                                               
guarantee.                                                                                                                      
                                                                                                                                
A  different answer  to Senator  French's question  was that  the                                                               
original statute said that they could  issue bonds that had to be                                                               
more than 125 percent of  the bond buyer index (investment grade)                                                               
but  that was  when the  private sector  was going  to share  the                                                               
risk. But in this new section,  the state is fully guaranteeing a                                                               
reserve  fund  to  replenish  the  unlimited  liability  of  this                                                               
project, and  therefore it's all  public sector taking  the risk,                                                               
so they don't  have to worry whether the market  would give it an                                                               
investment grade; it's  just a matter of the state  acting as the                                                               
guarantor.                                                                                                                      
                                                                                                                                
2:51:08 PM                                                                                                                    
SUZANNE  DIPIETO, representing  herself, Anchorage,  Alaska, drew                                                               
their   attention   to   specific   language   that   takes   the                                                               
unprecedented and  needless approach  of obligating the  state to                                                               
cover  unlimited   shortfalls  in   the  Knik   Bridge's  project                                                               
expenses.                                                                                                                       
                                                                                                                                
The sections  of the  bill that create  this obligation  start on                                                               
page  2, lines  25-26,  where  KABATA already  has  the power  to                                                               
create   a   "plain  vanilla"   project   reserve   fund  in   AS                                                               
19.75.221(h). At the  bottom of page 2  and the top of  page 3 is                                                               
the first  new item which  establishes that the  legislature will                                                               
appropriate money into this reserve fund.                                                                                       
                                                                                                                                
Language on  page 3, lines 8-17,  also says that KABATA  must use                                                               
the money  the legislature has  appropriated into its  reserve to                                                               
pay  its debts  and  obligations. These  two  additions create  a                                                               
special  reserve fund  into which  the  legislature will  deposit                                                               
money  and  out of  which  KABATA  will  pay its  operations  and                                                               
maintenance  including its  contractual availability  payments to                                                               
its private partner.                                                                                                            
                                                                                                                                
One more element to this structure  is on page 4, lines 5-9, that                                                               
says each year KABATA must  tell the legislature and the governor                                                               
how much  it needs to cover  its debts, and that  amount "may" be                                                               
appropriated.  This  language  signifies the  state's  pledge  to                                                               
appropriate money  to the reserve  fund if it is  insufficient to                                                               
the  rating  agencies.  While  the  state  could  decide  to  not                                                               
appropriate  the   money,  that   failure  to  honor   the  moral                                                               
obligation is  treated by the market  as a default, and  it would                                                               
be expected to  react adversely by downgrading  the credit rating                                                               
of the State of Alaska in  general. On that point, she encouraged                                                               
them  to review  Commissioner Butcher's  (DOR) letter  to Senator                                                               
Thomas  warning about  this exact  hazard. Additionally,  using a                                                               
moral  obligation reserve  fund to  cover operating  expenses has                                                               
never  been allowed  in  Alaska for  any  other moral  obligation                                                               
reserve fund; and it should not  be allowed for this project. She                                                               
thought  that even  passing this  bill could  create the  type of                                                               
financial exposure  that would  cause rating  agencies to  have a                                                               
negative reaction  when reviewing  the state's credit  rating for                                                               
future bond issues by the state.                                                                                                
                                                                                                                                
If KABATA needs a project  reserve fund, existing statute already                                                               
allows  it to  create  one without  roping  the legislature  into                                                               
continuous  appropriations  for  the  life of  the  project.  She                                                               
concluded by asking them to delete sections 4, 5, and 7.                                                                        
                                                                                                                                
SENATOR DYSON said  the state presently has north  of $10 billion                                                               
of unfunded  liabilities and $70  or 80 billion in  cash reserves                                                               
and asked if this potential liability  would have that much of an                                                               
effect on its present bond rating given those reserves.                                                                         
                                                                                                                                
MS. DIPIETO urged them to  consult Commissioner Butcher's letter,                                                               
but added that  in consulting with bond counsel  in preparing for                                                               
this testimony  she was told  that this  would have an  effect of                                                               
possibly one  step down grade  - because of the  unlimited nature                                                               
of the exposure.                                                                                                                
                                                                                                                                
2:58:06 PM                                                                                                                    
BOB  FRENCH, representing  himself,  Anchorage,  Alaska, said  he                                                               
wanted   to  add   information   about  what   he  thought   were                                                               
misstatements  by  KABATA  mostly  at  the  House  Transportation                                                               
Committee  hearing  on  Tuesday.  One  was  that  more  money  is                                                               
available for  TIFIA funding this year  than in the past,  but it                                                               
has   strong  competition.   Once  administrative   overhead  and                                                               
obligation   limitations  are   figured   in,  federal   highways                                                               
anticipates  having $690  million  available in  FY2013 and  $920                                                               
million  in FY2014.  Those actual  dollars  are leveraged  around                                                               
10:1. So, $690  million is able to provide about  $6.9 billion of                                                               
TIFIA backed loans for FY2013.                                                                                                  
                                                                                                                                
He explained that KABATA's chair,  Mr. Foster, testified two days                                                               
ago that none  of the TIFIA letters of interest  had gone forward                                                               
to the  evaluation stage, but that's  not true.  A  week ago, New                                                               
York Governor  Cuomo announced $1.5  billion to replace  a bridge                                                               
would  move to  the next  stage of  the loan  process. Successful                                                               
TIFIA projects will pay flat annual fees to the contractor.                                                                     
                                                                                                                                
KABATA's numbers show  the project cost flow is  negative for the                                                               
first nine years using 49 percent  TIFIA money, not the many more                                                               
years  that it  would be  if they  got only  $30 million  or zero                                                               
TIFIA  money,  and  they  are  still  showing  ballooning  annual                                                               
payments  starting at  $25  million  in year  one  going to  $104                                                               
million  in 2035.  Other successful  TIFIA projects  have a  real                                                               
private sector  sharing of the risk,  but this one is  all public                                                               
money  with a  toll  consultant's report  that  has a  disclaimer                                                               
saying  basically  to not  use  its  information to  support  any                                                               
financing plans.                                                                                                                
                                                                                                                                
He  said that  Mr.  Foster also  told them  that  KABATA had  not                                                               
really been  turned down five  times by TIFIA, but  that suggests                                                               
that the previous  four times they really weren't  trying, and if                                                               
that  is the  case, that  is not  rational economic  behavior for                                                               
KABATA's financial  consultants who are paid  millions of dollars                                                               
for financial plans that don't  include 49 percent of the project                                                               
costs coming from TIFIA.                                                                                                        
                                                                                                                                
Full revenues  come from population  and jobs, he said,  and it's                                                               
informative to look at how  those estimates have changed over the                                                               
years. Is  it reasonable to  predict that  there will be  only 30                                                               
new jobs in  the Willow area by 2035 compared  to the 13,828 jobs                                                               
that KABATA estimates  will be created in the first  half mile on                                                               
the west  side of the  bridge? How about  zero new jobs  near the                                                               
Buffalo Mine road or 169 new jobs in the entire Butte area?                                                                     
                                                                                                                                
In  2007,  when  KABATA  was predicting  a  MatSu  population  of                                                               
250,000, the population and job  estimates were spread all around                                                               
the borough. At the same time  they estimated only 6,740 new jobs                                                               
at the  Point Mackenzie area,  less than  half of what  they were                                                               
predicting  in  those  same  areas   in  2011  when  the  borough                                                               
population was estimated at 190,000  (per Mr. Foster). It appears                                                               
that  KABATA's 2011  forecast was  revised to  include additional                                                               
jobs at Point MacKenzie in order  to justify both north and south                                                               
bound traffic on the bridge to go  to work - that the bridge will                                                               
collect  $595,000  of  tolls  every   day  in  2051  or  that  an                                                               
equivalent of 2.5  Dimond Centers of retail will spring  up in an                                                               
area  that  the borough  has  planned  for  tank farms  and  coal                                                               
loading  facility. Another  example  of the  flexibility used  by                                                               
KABATA's consultants  was shown in  the growth of  estimated toll                                                               
revenues.  In 2007  they estimated  $7 billion  in toll  revenues                                                               
over  a 40-year  contract  for  their P3  partner;  in 2010  they                                                               
estimated $12 billion in total  revenues over a 55-year contract;                                                               
in February  of 2011  they estimated $4.8  billion for  a 35-year                                                               
contract,  but in  December of  2011 it  was $4.5  billion in  34                                                               
years. In  their last  financial plan (from  August 2012)  it was                                                               
$4.2 billion  for a  34-year contract. The  $600 million  of lost                                                               
toll  revenue changed  over a  period of  only 18  months -  four                                                               
times  higher than  what KABATA  has said  is the  maximum amount                                                               
they need for their reserve fund.                                                                                               
                                                                                                                                
AVES  THOMPSON, Executive  Director, Alaska  Trucking Association                                                               
(ATA), Anchorage, AK,  said he supported SB 13.  They believe the                                                               
bridge  will   provide  a   vital  new   link  in   the  regional                                                               
transportation system  and an  additional route  into and  out of                                                               
the  port of  Anchorage, provide  some congestion  relief on  the                                                               
Glenn  and  Parks  Highways  and  set  up  an  efficient  freight                                                               
corridor to Interior and northern Alaska.                                                                                       
                                                                                                                                
3:05:59 PM                                                                                                                    
THOMAS PEASE, representing himself,  Anchorage, Alaska, gave some                                                               
history of  the proposed  project and  why he  opposed SB  13. He                                                               
said  the  momentum  for  the Knik  Arm  Bridge  originated  from                                                               
federal earmarks and  around $110 million in seed  money of which                                                               
KABATA has  spent over $70  million. But  even a large  gift from                                                               
Congress is not  enough to sustain a project as  expensive as the                                                               
Knik  Arm crossing.  It has  promised to  sustain itself  with no                                                               
state money,  but passage of  SB 13 would  hand a blank  check to                                                               
KABATA signed by  the State of Alaska for the  entire cost of the                                                               
bridge, which some estimates place at $2.5 billion.                                                                             
                                                                                                                                
He said  the Knik  Arm Bridge  is on  AMATS' short  term projects                                                               
list  only because  KABATA assured  the Anchorage  Assembly three                                                               
years ago  that this project would  not cost the state  any money                                                               
to build.  The Anchorage Assembly  pressed hard on this  point as                                                               
they were concerned  a project as expensive as  the Knik crossing                                                               
would consume  state transportation money badly  needed for other                                                               
road  projects  in Anchorage  and  throughout  the state.  KABATA                                                               
guaranteed the  Assembly that  the Knik  Bridge would  require no                                                               
state funding,  and that is when  the project got moved  from the                                                               
long term to  the short term AMATS list, which  enabled KABATA to                                                               
pursue  federal TIFIA  loans, but  even  with the  bridge on  the                                                               
priority  list,  it  was  denied those  loans  on  five  separate                                                               
accounts, because even  a federal loan agency  recognizes this to                                                               
be a  high risk  project with likely  cost overruns  and inflated                                                               
traffic and toll projections.                                                                                                   
                                                                                                                                
MR. PEASE continued  that once federal earmarks  dried up, KABATA                                                               
shifted  its  financial  focus  to  public  private  partnerships                                                               
(PPP). For several  years they told anyone who  would listen that                                                               
private investors  would assume  all risk  in the  bridge project                                                               
and that  they had some  of the largest  international investment                                                               
firms  knocking at  the door  and it  would be  just a  matter of                                                               
months before  they would  have a contract.  He had  been assured                                                               
three  years  ago  that  KABATA  was  actively  negotiating  with                                                               
private  investors, that  no state  money was  on the  table, and                                                               
that a  signed contract was  imminent. Now, several  years later,                                                               
KABATA still  has no  private partner  - and  the reason  is that                                                               
cost projections are understated,  revenue forecasts are inflated                                                               
and the project is too risky.  Today KABATA will tell people that                                                               
they still  have private  partners eager to  sign a  contract and                                                               
build a  bridge and they  do, but  the private partner  will sign                                                               
only if  the State of Alaska  guarantees 100 percent of  the cost                                                               
of  the   bridge  including  cost   overruns  and   toll  revenue                                                               
shortfalls.                                                                                                                     
                                                                                                                                
LOIS  EPSTEIN, Engineer,  Anchorage, Alaska,  said she  serves on                                                               
the  AMATS  Technical Advisory  Committee  and  was speaking  for                                                               
herself today. She  did not support SB 13. Despite  what they may                                                               
have heard  she said the  proposed Knik  Arm Bridge is  not ready                                                               
for construction.  It is not  a financially sound  investment nor                                                               
is it  reasonable to assume  that the bridge will  improve safety                                                               
on Southcentral  roads. Further, she  said the KABATA  expects to                                                               
get  a  federal  TIFIA  loan  for $500  million,  but  it  hasn't                                                               
received a single  TIFIA during its five attempts  - resulting in                                                               
an "enormous hole" in their budget.                                                                                             
                                                                                                                                
MS. EPSTEIN urged  the committee to continue to  press KABATA for                                                               
their financial  plan. Their proposed  toll is among  the highest                                                               
in  the country;  so many  people are  likely to  take the  Glenn                                                               
Highway alternative  to and  from Anchorage,  not to  mention the                                                               
increasing  use of  telecommuting  which doesn't  require a  car.                                                               
Additionally,  Basing KABATA's  toll  revenue  forecast on  their                                                               
consultant's projection of population  growth in the MatSu, which                                                               
is far  greater than from  other sources including the  DOLWD and                                                               
ISER, puts almost all the future  growth into the western part of                                                               
the borough, which knowledgeable  experts believe is unrealistic.                                                               
That   growth  should   happen   in   the  Wasilla/Palmer   area.                                                               
Unfortunately, the  state's plan  to do  an independent  audit of                                                               
bridge  toll  revenue was  recently  canceled,  and the  recently                                                               
issued Legislative Budget and Audit  (LB&A) findings about KABATA                                                               
have not  yet been addressed. According  to the the real  cost of                                                               
the Knik Arm Bridge, $2.6 billion  plus, a document they had been                                                               
given, there are  substantial costs to the  state unaccounted for                                                               
by KABATA  and its materials  in testimony.  So she urged  the as                                                               
legislators to do  their job and ascertain how  much this project                                                               
will really cost the state on  an annual basis prior to approving                                                               
this bill.                                                                                                                      
                                                                                                                                
3:12:35 PM                                                                                                                    
She reminded  them that  inadequate traffic  projections resulted                                                               
in  a  more than  $2  million  annual  subsidy for  the  Whittier                                                               
Tunnel, a much smaller toll project.                                                                                            
                                                                                                                                
3:13:52 PM                                                                                                                    
MS. SIMPSON, on  behalf of the sponsor, asked the  chair to allow                                                               
KABATA a two-minute wrap up.                                                                                                    
                                                                                                                                
3:14:39 PM                                                                                                                    
MR. FOSTER said  KABATA had not tried to  mislead the legislature                                                               
on the  moral obligation language.  Once the contract  is signed,                                                               
there is  about $1 billion  of moral  obligation on the  books to                                                               
AIDEA, and this would add about another $1 billion to it.                                                                       
                                                                                                                                
CHAIR EGAN  thanked everyone  for their  help and  held SB  13 in                                                               
committee.                                                                                                                      

Document Name Date/Time Subjects
SB 13 Rqst Report Gov Budget $10 million.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Sectional Analysis.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Sponsor Statement.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Area Hwy Maps - AK DOTPF.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Common Myths - Clarification by KABATA.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Importance of Bill for TIFA Loan.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 KABATA PP Slides.pdf STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Lttr from Sen Huggins to TIFA Office, 121712.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Lttr re Funding and TIFA Loan - Gov Parnell.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Lttr Supporting - Muni of ANC 022513.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 MatSu Boom - AK Econ Trends article Feb 2013.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Resolution Supporting - AK Conf of Mayors 081512.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Resolution Supporting - Houston AK 080912.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Resolution Supporting - MatSu Borough 022812.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Resolution Supporting - MatSu Borough 040610.PDF STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 KABATA Flow Chart to Minimize Risks 022213 - Kenworthy & French.pdf STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 KABATA 2013 REAL COST - Kenworthy & French.pdf STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 KABATA, DOR - Thomas letter 030811.pdf STRA 3/14/2013 1:30:00 PM
SB 13
SB 13 Handout with Pro Forma T&R - Kenworthy & French.pdf STRA 3/14/2013 1:30:00 PM
SB 13
SB013-DOT-KABATA-3-14-13.pdf STRA 3/14/2013 1:30:00 PM
SB 13