Legislature(2021 - 2022)BELTZ 105 (TSBldg)

03/22/2022 01:30 PM Senate TRANSPORTATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 170 MARINE HIGHWAY CORPORATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
               SB 170-MARINE HIGHWAY CORPORATION                                                                            
                                                                                                                                
1:37:51 PM                                                                                                                    
CHAIR MYERS  announced the consideration  of SENATE BILL  NO. 170                                                               
"An   Act  relating   to  the   Alaska  marine   highway  system;                                                               
establishing   the  Alaska   Marine   Highway  Corporation;   and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
[SB 170 was previously heard on 2/17/22, 2/22/22, and 3/17/22.]                                                                 
                                                                                                                                
1:38:19 PM                                                                                                                    
THERESA  WOLSTAD,  Staff,  Senator  Robert  Myers,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  reviewed the  financial provisions                                                               
in  Article  6,  Sec.  42.50.500     42.50.580  of  SB   170. She                                                               
paraphrased her written testimony, which read:                                                                                  
                                                                                                                                
     Financial  Provisions.  (Article  6. Sec.  42.50.500  -                                                                  
     42.50.580) Page 23.                                                                                                      
                                                                                                                                
          The board of directors would be responsible for                                                                       
     the management  of financial  and legal  obligations of                                                                    
     the  proposed Alaska  Marine  Highway Corporation.  The                                                                    
     board  shall appoint  a chief  executive officer  and a                                                                    
     chief financial  officer of the corporation  that serve                                                                    
     at  the  pleasure of  the  board.  The board  shall  by                                                                    
     regulation  delegate powers  and  duties necessary  for                                                                    
     the management and operation of  the corporation to the                                                                    
     chief  executive   officer.  However,   specific  board                                                                    
     approval is  required for  adoption of  annual budgets,                                                                    
     long-range  capital improvement  and program  plans, to                                                                    
     enter into  collective bargaining  agreements, mortgage                                                                    
     or  pledge  corporation  assets, conveyance  of  entire                                                                    
     interest in corporation assets,  and to begin a capital                                                                    
     project  with an  estimated  completion  more than  one                                                                    
     year or cost of more than $500,000.                                                                                        
                                                                                                                                
1:39:35 PM                                                                                                                    
     Three funds of AMHS                                                                                                      
          SB 170 creates three funds or accounts for use by                                                                     
     the  proposed  corporation:  the AMHS  Operating  Fund,                                                                    
     Revenue  Accounting Fund,  and  the Vessel  maintenance                                                                    
     and replacement  account. The AMHS Operating  Fund will                                                                    
     consist  of  money  appropriated  by  legislature.  The                                                                    
     corporation  may use  the money  for  the operation  of                                                                    
     AMHS   without   further    appropriation   and   money                                                                    
     appropriated   to  the   fund  does   not  lapse.   The                                                                    
     corporation  may  request  a  direct  appropriation  or                                                                    
     grant  from the  legislature. It  is important  to note                                                                    
     that any Alaska  state public corporation's expenditure                                                                    
     of income  that must be specifically  appropriated to a                                                                    
     public corporation  as to  not violate  the prohibition                                                                    
     against  dedicated funds  in article  IX Section  7, of                                                                    
     the Constitution of the State of Alaska.                                                                                   
                                                                                                                                
1:40:34 PM                                                                                                                    
MS. WOLSTAD continued to paraphrase her written testimony, which                                                                
read:                                                                                                                           
                                                                                                                                
          The Revenue Accounting Fund is established as a                                                                       
     separate  fund in  the  corporation  composed of  gross                                                                    
     revenue generated  from the operation of  the AMHS that                                                                    
     the corporation shall account  for. The legislature may                                                                    
     appropriate the gross revenue deposited  in the fund to                                                                    
     the Alaska marine highway  system operating fund. Under                                                                    
     Chapter 5  of the Fiscal Procedures  Act. (AS 37.05.146                                                                    
     (c)(4));  corporate receipts  earned  or  managed by  a                                                                    
     state of  Alaska public corporation shall  be accounted                                                                    
     for separately,  and appropriations from  these program                                                                    
     receipts  are not  made from  the unrestricted  general                                                                    
     fund.                                                                                                                      
          The vessel maintenance and replacement account is                                                                     
     created  as a  separate account  in the  AMHS operating                                                                    
     fund.  It will  consist  of money  appropriated to  the                                                                    
     proposed   corporation    by   the    legislature   for                                                                    
     maintenance  and  replacement  of  vessels,  and  money                                                                    
     transferred  to the  account  by  the corporation.  The                                                                    
     corporation may  use the money  in the account  for the                                                                    
     maintenance and replacement  of vessels without further                                                                    
     appropriation.                                                                                                             
                                                                                                                                
1:41:38 PM                                                                                                                    
     Bonds  (Article 7.  Sec. 42.50.600  - 42.50.710).  Page                                                                  
     26.                                                                                                                      
          The proposed corporation would be authorized to                                                                       
     issue  bonds  by resolution  of  the  board. The  board                                                                    
     shall  determine the  types and  amounts  of the  bonds                                                                    
     that the  proposed corporation may issue.  Bonds issued                                                                    
     by the  corporation would not  bear the full  faith and                                                                    
     credit  of the  State, and  its political  subdivisions                                                                    
     are not liable for the  debts of the corporation. Bonds                                                                    
     issued by the corporation  are payable from the revenue                                                                    
     or  assets   of  the  corporation.  In   addition,  the                                                                    
     proposed corporation may secure  its bonds by obtaining                                                                    
     revenue  pledges  from Federal,  Municipal,  Corporate,                                                                    
     Associations, Institutional,  or an  Individual person.                                                                    
     The  proposed AMH  corporation would  be able  to issue                                                                    
     debt  in  a  more  flexible  manner  and  with  limited                                                                    
     oversight as  compared to other public  corporations in                                                                    
     the state of Alaska.                                                                                                       
                                                                                                                                
1:42:29 PM                                                                                                                    
MS.  WOLSTAD continued  to paraphrase  her testimony  on SB  170,                                                               
which read:                                                                                                                     
                                                                                                                              
     Dividends to the State  AS 42.50.580 Page 26.                                                                            
                                                                                                                                
          The proposed corporation under SB 170 shall pay                                                                       
     as a dividend  to the general fund any  amount by which                                                                    
     the Alaska  Marine highway  operating fund  exceeds the                                                                    
     projected  costs of  operating the  corporation through                                                                    
     the next  fiscal year. Thus,  any excess  revenue after                                                                    
     the  operations,  maintenance,  and debt  service  will                                                                    
     flow  to   the  State  of  Alaska   from  the  proposed                                                                    
     corporation.                                                                                                               
                                                                                                                                
1:43:34 PM                                                                                                                    
ROB CARPENTER, Deputy  Commissioner, Department of Transportation                                                               
and   Public  Facilities   (DOTPF),  Juneau,   Alaska,  began   a                                                               
PowerPoint  on   the  Alaska   Marine  Highway   System  Bonding,                                                               
Maintenance  and Replacement  of Vessels,  AMHS budget,  Property                                                               
and Assets of AMHS, and  State Transportation Improvement Program                                                               
(STIP).                                                                                                                         
                                                                                                                                
1:35:09 PM                                                                                                                    
MR. CARPENTER reviewed  slide 2, CY 2023  Governor's Proposed. He                                                               
stated that the total budget  was $141 million, with $135 million                                                               
in federal receipts  from the $200 million program  passed in the                                                               
infrastructure  bill [H.R.  3684,  Infrastructure Investment  and                                                               
Jobs Act  (IIJA)]. He noted  the federal IIJA funding  for Alaska                                                               
would  be $200  million per  year for  the next  five years.  The                                                               
administration's plan  for "All ships,  all the time"  means that                                                               
there are  no scheduled budgetary  layups because  the department                                                               
plans to run the ships as  much as possible, except for scheduled                                                               
maintenance and overhauls.                                                                                                      
                                                                                                                                
MR.  CARPENTER stated  that the  $141 million  would provide  the                                                               
necessary funds, using $5 million  from the Alaska Marine Highway                                                               
System (AMHS) revenue to cover  any costs that were not federally                                                               
eligible.                                                                                                                       
                                                                                                                                
1:45:43 PM                                                                                                                    
SENATOR  SHOWER said  he  was unsure  how  federal funding  would                                                               
work. He  wondered what the  state would not be  taking advantage                                                               
of by leaving $50 million on the table.                                                                                         
                                                                                                                                
MR.   CARPENTER  explained   that  the   federal  funding   would                                                               
appropriate  $200  million  annually   for  rural  ferry  systems                                                               
throughout the nation for the next  five years. He stated that to                                                               
qualify for ferry  funding, states must have  two ports separated                                                               
by 50 miles, and port cities  must have a population of less than                                                               
50,000.  DOTPF  does not  believe  another  ferry system  in  the                                                               
country qualifies.  He related  that anecdotally,  the department                                                               
heard  that Puerto  Rico might  be eligible,  but the  bill reads                                                               
explicitly indicates "states."                                                                                                  
                                                                                                                                
MR. CARPENTER  Stated that the department  prepared this proposal                                                               
before  the  committee  introduced  SB  170,  so  the  department                                                               
planned to  fund the operating  budget. He admitted  that Senator                                                               
Shower  was correct  that  it  leaves about  $60  million on  the                                                               
table. However, he anticipated that  DOTPF could plan for capital                                                               
investment  or other  actions once  the department  receives more                                                               
information on the timing of cash flows.                                                                                        
                                                                                                                                
MR. CARPENTER  stated that another  step in the  planning process                                                               
was  the governor's  bill  that would  remove  the Alaska  Marine                                                               
Highway  Fund  from  the  General Fund.  He  explained  that  the                                                               
administration would like to collect  revenue from the system for                                                               
future planning and use purposes.  He related that the new Alaska                                                               
Marine Highway  Operations Board,  which has been  moving forward                                                               
to modernize the  fleet, will review the federal  funding and the                                                               
best way to plan how to use the funding.                                                                                        
                                                                                                                                
1:48:25 PM                                                                                                                    
SENATOR  SHOWER asked  if this  would  replace state  operational                                                               
funds for AMHS over the next five years.                                                                                        
                                                                                                                                
1:48:40 PM                                                                                                                    
MR. CARPENTER  agreed. He indicated  a later slide  would discuss                                                               
the historical funding.                                                                                                         
                                                                                                                                
1:48:51 PM                                                                                                                    
SENATOR KIEHL related  his understanding that AMHS  does not have                                                               
sufficient crew  to run all  the ships continuously.  He wondered                                                               
whether the department could run nine vessels by calendar 2023.                                                                 
                                                                                                                                
MR. CARPENTER  responded that the department  was struggling with                                                               
old ships  and hiring sufficient  crew this summer. He  said AMHS                                                               
hopes  to run  the  Columbia,  but it  does  not  look good.  The                                                               
department  currently   has  an  intensive   recruiting  campaign                                                               
underway.                                                                                                                       
                                                                                                                                
1:49:49 PM                                                                                                                    
SENATOR MICCICHE  related his understanding that  an amendment to                                                               
the  federal infrastructure  bill  would  change the  requirement                                                               
from 50 miles to 20 miles  between ports. He asked for the status                                                               
and if it was a realistic threat.                                                                                               
                                                                                                                                
MR. CARPENTER responded that he was unsure.                                                                                     
                                                                                                                                
1:50:28 PM                                                                                                                    
ANDY  MILLS, Legislative  Liaison,  Office  of the  Commissioner,                                                               
Department  of  Transportation  and  Public  Facilities  (DOTPF),                                                               
Juneau, Alaska,  offered his  view the  amendment to  the federal                                                               
infrastructure  bill passed  the  Senate but  not  the House.  He                                                               
heard  anecdotally that  some other  areas considered  themselves                                                               
eligible. Still,  DOTPF found  other ferry  systems did  not meet                                                               
the criteria because  the ferry run was from one  rural port to a                                                               
park. He  noted that DOPPF  would work with the  federal partner,                                                               
the Federal Transit Administration, to push back.                                                                               
                                                                                                                                
1:51:08 PM                                                                                                                    
SENATOR  SHOWER  asked if  Alaska  had  any competition  for  the                                                               
funding.                                                                                                                        
                                                                                                                                
MR. MILLS  related his understanding that  Rhode Island initially                                                               
had but  determined that  a $12.5 million  add-on meant  that the                                                               
state did not consider itself eligible.                                                                                         
                                                                                                                                
1:52:05 PM                                                                                                                    
MR.  CARPENTER added  that DOPF  was  waiting for  the Notice  of                                                               
Funding Opportunity to provide clarity.                                                                                         
                                                                                                                                
1:52:25 PM                                                                                                                    
MR.  CARPENTER  reviewed  slide  3,  CY2023  Governor's  Proposed                                                               
Budget.                                                                                                                         
                                                                                                                                
MR. CARPENTER  stated that this  slide showed  a look back  to FY                                                               
2019   that  shows   the  authorized   budget   and  the   actual                                                               
expenditures.  He  noted  the  comparisons on  slide  3  for  the                                                               
planned  weeks of  service versus  actual weeks  of service;  the                                                               
planned port  calls, the budgeted revenue  versus actual revenue,                                                               
and the  planned fare  box recovery compared  to the  actual fare                                                               
box recovery.                                                                                                                   
                                                                                                                                
MR. CARPENTER  directed attention  to the CY2023  (Calendar Year)                                                               
Governor's  Proposed  column,  which  plans for  362.7  weeks  of                                                               
service, similar to the FY  2019 final authorized plan. Thus, the                                                               
department believes  it is returning  to better times.  He stated                                                               
that  the  planned  port  calls  were  6,300  in  the  governor's                                                               
proposed budget compared to 5,900 in FY 2019.                                                                                   
                                                                                                                                
MR.  CARPENTER  reported that  AMHS  anticipates  revenue of  $53                                                               
million.  AMHS budgeted  revenue  of  $48 million  in  FY 20  and                                                               
collected $28  million. It  budgeted $51 million  in FY  2021 but                                                               
only collected  $27 million, leaving  unrealized earnings  of $46                                                               
million  for  those  two  years,  which  was  reimbursed  by  the                                                               
Coronavirus  Aid, Relief,  and Economic  Security (CARES)  Act or                                                               
the Coronavirus Response  and Relief  Supplemental Appropriations                                                               
Act (CRRSA (2020).                                                                                                              
                                                                                                                                
1:54:22 PM                                                                                                                    
MR. CARPENTER  directed attention  to the budget  funding sources                                                               
for previous years.  The governor's proposal for FY  2023 is $135                                                               
million in federal  funding. However, in prior  years the funding                                                               
is broken  out into unrestricted general  funds (UGF), designated                                                               
general funds (DGF), and other  fund sources. He pointed out that                                                               
the UGF portion was $63 million in  FY 2022 and $54 million in FY                                                               
2020.  He  related that  the  DGF  was essentially  the  system's                                                               
revenue, which  averaged approximately  $53 million.  He directed                                                               
attention  to the  last two  lines on  the table  that shows  the                                                               
change of  $23 million over  CY 2022 without forward  funding. He                                                               
reminded members that the legislature  was able to provide bridge                                                               
funding  to allow  the  department  to move  to  a calendar  year                                                               
budget. This allowed the department to  put out a schedule a year                                                               
in advance.                                                                                                                     
                                                                                                                                
1:55:38 PM                                                                                                                    
SENATOR SHOWER  pointed out  that one issue  is that  vessels are                                                               
scheduled but not  canceled if ridership is down  and the vessels                                                               
are only partially  full. He asked whether the  budget would show                                                               
a decrement because of the IIJA  funding. He wondered if it would                                                               
look like  the state would  save money  over the next  five years                                                               
when the  federal government provided infrastructure  funding. He                                                               
further asked if  the proposal would capture all or  a portion of                                                               
that funding for the future.                                                                                                    
                                                                                                                                
1:56:43 PM                                                                                                                    
MR.  CARPENTER answered  that the  immediate  DOTPF budget  would                                                               
show a reduction  of general funds due to the  IIJA federal funds                                                               
replacing state  funds. However,  he was  unsure how  the federal                                                               
funds would  be reflected in  the overall state budget.  In terms                                                               
of  the  best  use  of  the $200  million  annual  windfall,  the                                                               
department  proposed  fully  funding  the  operating  budget  and                                                               
saving the  state funding, essentially  banking the  revenue into                                                               
the AMH  Fund for future  use. The revenue could  accumulate, and                                                               
the  AMH system  would  have  a savings  account  if the  federal                                                               
funding dried up.                                                                                                               
                                                                                                                                
1:58:13 PM                                                                                                                    
SENATOR SHOWER said he hoped  the department would save the money                                                               
to operate into the future.                                                                                                     
                                                                                                                                
1:58:27 PM                                                                                                                    
SENATOR  MICCICHE   asked  how   the  department   would  propose                                                               
preserving  UGF. He  further  asked  how far  the  five years  of                                                               
federal  funding  would affect  the  AMH  service in  the  future                                                               
without an  additional appropriation.  He stated his  support for                                                               
putting  it into  the AMH  Fund if  it would  result in  seven or                                                               
eight  years  of  operation.  He   wondered  if  he  foresaw  any                                                               
adjustments  to   the  fee  schedule  for   services  that  might                                                               
encourage ridership and cargo on  the marine highway. He asked if                                                               
people  would acclimate  to the  additional service  resulting in                                                               
higher ridership levels and fare box recovery.                                                                                  
                                                                                                                                
MR.  CARPENTER   noted  that  the   new  Alaska   Marine  Highway                                                               
Operations Board  had met biweekly.  He indicated that  the board                                                               
was looking at  capital revitalization, how it  would occur, what                                                               
would  be needed,  and  the  cost. He  emphasized  that the  $200                                                               
million annual  windfall would play  directly into it.  The board                                                               
would examine how to invest funds  and whether it would result in                                                               
savings. He  said he was hopeful  that the board would  decide to                                                               
invest in new  ships over time to modernize the  fleet to provide                                                               
reliability.  He  emphasized  that  the  primary  mission  is  to                                                               
provide reliable  service. He said  the board and  department are                                                               
open to suggestions.  He said one key piece would  be to create a                                                               
new fund separate  from the general fund to ensure  that the AMHS                                                               
receipts don't get swept.                                                                                                       
                                                                                                                                
2:01:11 PM                                                                                                                    
MR.  CARPENTER acknowledged  that it  was always  a challenge  to                                                               
find the sweet spot. Last year  the goal was to increase the fare                                                               
box recovery  by 50 percent, with  50 percent in fare  box and 50                                                               
percent state funds. However, the  public tends not to support an                                                               
increase in fees and tariffs.  He indicated that the department's                                                               
goal  is  to provide  some  essential  level  of service  to  all                                                               
communities. He acknowledged that arriving  at the sweet spot for                                                               
the fare box would be tough.                                                                                                    
                                                                                                                                
2:02:02 PM                                                                                                                    
SENATOR SHOWER noted that ridership  had consistently dropped but                                                               
that cargo was  relatively consistent. He noted  the planned port                                                               
calls for  CY2023. He said  if ridership  is down, it  relates to                                                               
operating costs and vessel usage,  so running fewer vessels could                                                               
result in reduced  maintenance costs. He asked  whether the board                                                               
was flexible  about making changes.  He questioned why  the ferry                                                               
would make 6,300 port calls if only 4,000 were justifiable.                                                                     
                                                                                                                                
MR. CARPENTER pointed  out that the car deck  had been relatively                                                               
consistent  even though  passengers were  down substantially.  He                                                               
indicated  that  the car  deck  provides  the primary  source  of                                                               
revenue for  the marine highway. It  makes sense to tie  ships up                                                               
when  not at  full  or  optimal capacity  level.  However, it  is                                                               
challenging  to  provide  the   crew  with  year-round  jobs.  He                                                               
acknowledged that AMHS did not fully utilize the ferries.                                                                       
                                                                                                                                
2:04:06 PM                                                                                                                    
SENATOR  MICCICHE  suggested  that   there  might  be  a  reverse                                                               
opportunity by getting  Alaskans and tour companies  back in love                                                               
with the  Alaska Marine  Highway System  now that  the department                                                               
has  some cushion  with the  federal funding.  He stated  that it                                                               
would be nice to revitalize  that ridership. He wondered if there                                                               
might be  creative ways  to accomplish that  goal rather  than to                                                               
figure  out how  to squeeze  every penny  out of  each rider  and                                                               
vehicle.                                                                                                                        
                                                                                                                                
SENATOR MICCICHE  said he  would leave  it to  the administration                                                               
and  the board  to figure  out, but  he was  interested in  those                                                               
developments as  they occur. He suggested  feeding the department                                                               
minutes of the Senate  Transportation Committee. He characterized                                                               
the IIJA funding for ferries  as a once-in-a-lifetime opportunity                                                               
to ignite usage  and contracts with tour or  cruise companies for                                                               
passengers not taking  additional legs. He offered  his view that                                                               
it could reap long-term benefits.                                                                                               
                                                                                                                                
MR. CARPENTER  responded that  the department  received criticism                                                               
on  its dynamic  pricing,  so  it tried  other  options, such  as                                                               
running  specials  on  some  low  routes  to  generate  interest.                                                               
Although they had mixed results,  the marketing team continues to                                                               
seek opportunities by  going to trade shows. He  stated that AMHS                                                               
has worked to create a buzz.  He viewed this as an opportunity to                                                               
reinvigorate  the fleet  for the  next  generation. He  indicated                                                               
that all  ideas are  welcome. He offered  to provide  the minutes                                                               
from  the department's  Alaska  Marine  Highway Operations  Board                                                               
(AMHOB) meetings to the committee.                                                                                              
                                                                                                                                
2:06:25 PM                                                                                                                    
MR. CARPENTER reviewed  slide 4, AMHS Revenue &  Weeks of Service                                                               
FY2014    CY2023, consisting of  a bar  chart and line  graph. He                                                               
explained that the bars represent  the revenue collected, and the                                                               
line  graph shows  the weeks  of service  provided. He  indicated                                                               
that the 362 weeks in AMHSs   FY 2023 proposal was similar to the                                                               
actuals in  FY 2014 and 2015.  He directed attention to  the drop                                                               
in revenue in FY 2020 and FY 2021 due to the pandemic.                                                                          
                                                                                                                                
2:07:18 PM                                                                                                                    
MR.  CARPENTER  directed  attention  to  slide  5,  State  Funded                                                               
Overhauls. He stated that AMHS  receives an annual capital budget                                                               
appropriation  to  maintain  its  vessels,  ranging  from  $15-20                                                               
million. He  explained that  AMHS could  not use  federal funding                                                               
for routine  vessel maintenance. The overhaul  consists of annual                                                               
US   Coast  Guard   and  American   Bureau   of  Shipping   (ABS)                                                               
requirements  to obtain  a Certificate  of  Inspection to  ensure                                                               
that the vessels are safe to run.                                                                                               
                                                                                                                                
2:08:44 PM                                                                                                                    
SENATOR KIEHL stated that besides  the general fund (GF) funding,                                                               
GF match  and federal overhaul  funding also  provide substantial                                                               
funds to keep the vessels running.  He asked for an adjustment to                                                               
slide 5 figures if it included federal overhaul funding.                                                                        
                                                                                                                                
MR. CARPENTER  indicated that  he had developed  a slide  to show                                                               
the last  10 years of federal  funds, but staff struggled  to get                                                               
the figures precise so he removed  that slide. He referred to the                                                               
$15-17  million in  discretionary  funding for  ferries from  the                                                               
Federal Highway  Administration (FHWA) and additional  FHWA funds                                                               
of about  $250 million  for 10 years.  He characterized  these as                                                               
major  Capital Improvement  Program  (CIP)  projects rather  than                                                               
routine maintenance  projects. He  acknowledged that  keeping the                                                               
vessels running requires a significant investment.                                                                              
                                                                                                                                
2:10:01 PM                                                                                                                    
SENATOR  KIEHL  expressed  his  interest in  the  total  cost  of                                                               
converting AMHS  to AMHC, including integrating  the overhauls in                                                               
the Statewide Transportation  Improvement Program (STIP) planning                                                               
process for all fund sources.                                                                                                   
                                                                                                                                
SENATOR  KIEHL indicated  that  he had  compared  the Actuals  by                                                               
Vessel on  slide 5 to the  Office of Management and  Budget (OMB)                                                               
backup information  on state-funded overhauls. He  noted that the                                                               
figures were  higher on  this chart  than OMB.  He asked  for the                                                               
source of the additional funds.                                                                                                 
                                                                                                                                
MR.  CARPENTER   responded  that  the  figures   represented  the                                                               
actuals, whereas  OMB   backup  often provides  the appropriation                                                               
levels.  He  was unsure  whether  OMB  included any  supplemental                                                               
funds. He  related that if  the department estimated  $15 million                                                               
but the actual cost was $18  million, it would request $3 million                                                               
in supplemental funding. He stated  that the department requested                                                               
$20 million this year to avoid those discrepancies.                                                                             
                                                                                                                                
2:11:40 PM                                                                                                                    
MR. CARPENTER reviewed slide 6,  Alaska Marine Highway System, An                                                               
Aging Fleet,  showing the date  each vessel was built  during the                                                               
Kennedy, Nixon, Clinton, and Trump presidencies.                                                                                
                                                                                                                                
2:12:07 PM                                                                                                                    
SENATOR SHOWER asked where the vessels were built.                                                                              
                                                                                                                                
MR. CARPENTER  answered that  most are  federal projects,  so the                                                               
projects are competitively bid. He  indicated that the two latest                                                               
ferries were fully state-funded  and constructed in the Ketchikan                                                               
shipyard.                                                                                                                       
                                                                                                                                
SENATOR  SHOWER wondered  whether  the smaller  ferries would  be                                                               
more efficient and if so, they could be built in Alaska.                                                                        
                                                                                                                                
2:13:24 PM                                                                                                                    
SENATOR KIEHL asked whether the  department could add the vessels                                                               
that  were  not  in  service,  such as  the  Taku,  Chenega,  and                                                               
Fairweather.                                                                                                                    
                                                                                                                                
MR. CARPENTER  agreed the  department could do  so. Slide  6 only                                                               
listed the ferries currently owned.                                                                                             
                                                                                                                                
2:14:02 PM                                                                                                                    
CHAIR MYERS asked when the Tustumena replacement would happen.                                                                  
                                                                                                                                
2:14:13 PM                                                                                                                    
MR. CARPENTER  reviewed slide 7, TRV  Construction, regarding the                                                               
Tustumena replacement. The preliminary  design has been completed                                                               
and  the  department is  currently  working  on the  Construction                                                               
Manager/General Contractor (CMGC) Request  for Proposal (RFP). He                                                               
explained that  the contractor is  involved in the  final project                                                               
design to  help avoid mistakes  during construction.  He reviewed                                                               
the timeline.                                                                                                                   
                                                                                                                                
     Public notice release January 15th, 2022                                                                                   
       Design by Glosten                                                                                                        
       CMGC RFP to be released mid-March 2022                                                                                   
         Public comments occurred in 2014 but truncated                                                                         
     comment period will be underway soon.                                                                                      
                                                                                                                                
MR. CARPENTER deferred to Mr. McClaren for the completion date.                                                                 
                                                                                                                                
2:16:00 PM                                                                                                                    
MATT  MCLAREN,  Business   Development  Manager,  Marine  Highway                                                               
System  Department   of  Transportation  and   Public  Facilities                                                               
(DOTPF),  Ketchikan, Alaska,  answered that  it is  projected for                                                               
completion in 2027 so long as the CMGC process begins by 2023.                                                                  
                                                                                                                                
2:16:44 PM                                                                                                                    
MR. CARPENTER added that the Tustumena is old.                                                                                  
                                                                                                                                
2:17:02 PM                                                                                                                    
MR.  CARPENTER expressed  a willingness  to discuss  other topics                                                               
shown on slide  8: Discussion: Bonding, Property  & Assets, STIP.                                                               
He  said  he  met  with   the  planning  division.  The  proposed                                                               
corporation would be a publicly-owned  entity, making it eligible                                                               
for  STIP funds.  It would  also qualify  for additional  federal                                                               
funds since it is on the National Highway System.                                                                               
                                                                                                                                
2:17:52 PM                                                                                                                    
CHAIR  MYERS  related his  understanding  that  it would  require                                                               
approval by Federal Transit Administration.  He asked what needed                                                               
to be done for it to be designated.                                                                                             
                                                                                                                                
MR. CARPENTER clarified that he  was speaking about FHWA funding.                                                               
He deferred to Mr. McClaren.                                                                                                    
                                                                                                                                
2:18:41 PM                                                                                                                    
CHAIR MYERS asked whether the AMHS receives FTA funding.                                                                        
                                                                                                                                
2:18:49 PM                                                                                                                    
MR. MCCLAREN  agreed AMHS receives  some FTA funding.  He offered                                                               
to provide the historical funding amounts.                                                                                      
                                                                                                                                
CHAIR MYERS  responded that  he was  more interested  in ensuring                                                               
that  AMHC  would be  eligible,  what  federal or  state  actions                                                               
needed to  occur, and identifying  any regulatory  or legislative                                                               
action that would be necessary.                                                                                                 
                                                                                                                                
MR. MCCLAREN deferred to Captain Falvey to respond.                                                                             
                                                                                                                                
2:20:11 PM                                                                                                                    
JOHN FALVEY,  General Manager, Marine Highway  System, Ketchikan,                                                               
Alaska,  asked  if  he  was interested  in  the  federal  highway                                                               
formula funding.                                                                                                                
                                                                                                                                
CHAIR  MYERS clarified  that he  wanted  to ensure  that the  new                                                               
corporation would be eligible  for Federal Transit Administration                                                               
(FTA) funding.                                                                                                                  
                                                                                                                                
CAPTAIN   FALVEY  answered   he  held   conversations  with   the                                                               
Department  of   Law  about  this.   He  stated  that   once  the                                                               
corporation was  established, it  would have  access to  the same                                                               
Federal Highway Administration (FHWA) and FTA funds as AMHS.                                                                    
                                                                                                                                
MR.  CARPENTER   offered  to  confirm   with  the   regional  FTA                                                               
administrator  what  steps  would   be  necessary  to  make  this                                                               
transition. He clarified that he  was discussing the $200 million                                                               
rural ferry infrastructure funding.                                                                                             
                                                                                                                                
2:21:36 PM                                                                                                                    
SENATOR KIEHL  asked how  to ensure that  AMHC was  in meaningful                                                               
discussions  with DOT  planning staff  who prepared  the STIP  to                                                               
ensure that the projects are considered.                                                                                        
                                                                                                                                
MR. CARPENTER  said he  is concerned. He  agreed that  there were                                                               
some benefits  to having AMHC  within DOTPF, such as  the overall                                                               
intermodal transportation system, but that  did not mean it would                                                               
not occur with  a corporation. He stated that  the department was                                                               
in  the  final  interview  process to  hire  a  dedicated  marine                                                               
highway  planner. The  planner will  work with  the new  board to                                                               
elevate  the   planning  for  the   Marine  Highway   System.  He                                                               
envisioned that even under the  corporate structure, the position                                                               
could  reside   within  the  planning   division  at   DOTPF.  He                                                               
acknowledged  one challenge  is  the Marine  Highway System  must                                                               
compete for limited dollars, given  the many transportation needs                                                               
throughout the state.                                                                                                           
                                                                                                                                
2:23:50 PM                                                                                                                    
CHAIR MYERS referred to a  document that showed AMHS unrestricted                                                               
revenue by vessel. He recalled  a line for non-vessel revenue. He                                                               
asked  for a  description of  AMHS non-vessel  revenue. He  noted                                                               
that  it fluctuated,  but  the FY  2021 figure  went  up to  $200                                                               
million when it had been substantially lower in other years.                                                                    
                                                                                                                                
2:25:07 PM                                                                                                                    
MR.  CARPENTER  directed attention  to  page  16 of  the  [Alaska                                                               
Marine  Highway Fund  (AMHF) Annual  Financial  Report 2021].  He                                                               
deferred to Mr. McLaren.                                                                                                        
                                                                                                                                
CHAIR  MYERS referred  to  the bottom  of page  16  that lists  a                                                               
category for Non-Vessel  Revenue. He asked for the  source of the                                                               
revenue  and  whether it  was  derived  from rentals  or  onboard                                                               
concessions. He asked about the big  jump in FY 2018, FY 2019, FY                                                               
2020, and FY 2021.                                                                                                              
                                                                                                                                
MR. MCCLAREN  responded that non-vessel revenue  does not include                                                               
food.  He  stated  that  non-vessel   revenue  was  derived  from                                                               
concessions,  facility  rental,  or reimbursement.  However,  the                                                               
revenue  is not  necessarily  tied to  an  individual vessel.  He                                                               
offered to provide the breakout.                                                                                                
                                                                                                                                
2:27:01 PM                                                                                                                    
CHAIR  MYERS asked  him to  identify several  examples of  recent                                                               
rentals.                                                                                                                        
                                                                                                                                
MR. MCCLAREN offered to provide the details for the committee.                                                                  
                                                                                                                                
2:27:42 PM                                                                                                                    
CHAIR MYERS turned to questions on the bonding authority.                                                                       
                                                                                                                                
2:28:45 PM                                                                                                                    
RYAN  WILLIAMS, Operations  Research Analyst,  Treasury Division,                                                               
Department of Revenue,  Juneau, Alaska, stated that  he and Deven                                                               
Mitchell,  Debt  Manager,  had  done an  initial  review  of  the                                                               
proposed  AMHC compared  to other  state  corporations. He  noted                                                               
that AMHC  was more flexible in  its ability to issue  debt, with                                                               
less  oversight  than  other corporations.  He  reviewed  similar                                                               
limitations, stating  that the Alaska Industrial  Development and                                                               
Export Authority (AIDEA) has a  restriction on issuing bonds over                                                               
$25  million in  a  fiscal  year. The  University  of Alaska  has                                                               
certain  restrictions if  the annual  debt service  is over  $2.5                                                               
million on  a single  issuance. He  offered his  view that  it is                                                               
advisable to place  bookends on limitations to issue  debt from a                                                               
credit strategy perspective.                                                                                                    
                                                                                                                                
2:30:01 PM                                                                                                                    
CHAIR  MYERS understood  that some  limitations would  be imposed                                                               
because the bond market would  have requirements. He asked him to                                                               
address that aspect.                                                                                                            
                                                                                                                                
MR. WILLIAMS  explained that revenues  would secure  bonds issued                                                               
under  SB 170  for nearly  any purpose,  whether it  was federal,                                                               
municipal,   corporate,   association,   institutional,   or   an                                                               
individual person.  He characterized  it as  a broad  spectrum of                                                               
revenues, similar to Alaska Railroad  Corporation (ARRC) in terms                                                               
of pledges.  He stated that  any debt  issue would be  secured by                                                               
revenues generated from those bond  proceeds or the assets of the                                                               
agency issuing the bonds.                                                                                                       
                                                                                                                                
CHAIR  MYERS wondered  if the  Alaska Marine  Highway Corporation                                                               
(AMHC)  wanted to  issue  $20  million in  bonds,  what the  bond                                                               
market  would  require for  assurance  that  the corporation  was                                                               
solvent. He wondered  how that would mesh  with the legislature's                                                               
statutory requirements.                                                                                                         
                                                                                                                                
MR.  WILLIAMS stated  that the  legislature  would authorize  the                                                               
issuance of bonds by AMHC  and provide a disclosure document. For                                                               
instance, if  revenue bonds were issued,  the disclosure document                                                               
would  give a  detailed description  and history  of any  revenue                                                               
flowing into  the corporation. Typically, revenue  pledges have a                                                               
debt service  ratio, and  the net revenues  should be  about 1.25                                                               
times the amount of any outstanding debt service payments.                                                                      
                                                                                                                                
2:33:04 PM                                                                                                                    
SENATOR  SHOWER asked  how  the  bond market  would  treat a  new                                                               
corporation.                                                                                                                    
                                                                                                                                
2:33:41 PM                                                                                                                    
MR.  WILLIAMS  responded that  the  corporation  would provide  a                                                               
detailed     write-up    on     prospective    revenue-generating                                                               
capabilities.  For  example,  the corporation  could  provide  an                                                               
independent  consultant  report  showing the  pro  forma  revenue                                                               
projections  for  bonds  issued   that  historically  showed  any                                                               
appropriations and  Unrestricted General Funds (UGF)  made to the                                                               
corporation. Thus, AMHC would be  a state public corporation, the                                                               
corporation  would provide  information  about the  state in  its                                                               
disclosure document showing the lookback  on any transfers to the                                                               
corporation.                                                                                                                    
                                                                                                                                
2:34:54 PM                                                                                                                    
SENATOR SHOWER asked  whether the interest rates  would be higher                                                               
initially or  if the bond market  would view it as  being part of                                                               
the state.                                                                                                                      
                                                                                                                                
MR. WILLIAMS offered  to respond back to the committee  on how it                                                               
would be structured.                                                                                                            
                                                                                                                                
2:35:45 PM                                                                                                                    
SENATOR  KIEHL  recalled  he  had  suggested  having  bookend  or                                                               
sideboards on the  corporation's ability to issue  debt. He asked                                                               
him to  discuss better ways or  worse ways to do  so. He referred                                                               
to  the  2008-2009 crash  and  recalled  parking and  development                                                               
authorities  throughout  the country  had  their  own ability  to                                                               
bond. When the economy took  a dip, those development authorities                                                               
went  bankrupt  and  defaulted.   He  acknowledged  that  it  was                                                               
problematic  for  an  entity  such as  AMHC  to  get  legislative                                                               
approval every time it wanted to borrow.                                                                                        
                                                                                                                                
MR. WILLIAMS  responded that an issuance  cap is one of  the most                                                               
common  forms of  limitations. He  said  he also  works with  the                                                               
Alaska Municipal Bond  Bank Authority (AMBBA), which  has a total                                                               
issuance cap  of $1.7925 billion,  with some  sub-segments inside                                                               
the cap, such  as regional health organizations that  have a cap.                                                               
He suggested that having an  overall cap would provide a ceiling,                                                               
which   would  have   some   understanding   of  the   underlying                                                               
corporation's  revenue  for  operations.  He  stated  that  other                                                               
limitations   would  identify   who   could   partner  with   the                                                               
corporation. He said AMBBA  partners with political subdivisions,                                                               
including  communities  throughout   Alaska,  the  University  of                                                               
Alaska,  Regional Health  Organizations,  Joint Action  Agencies,                                                               
and Joint Insurance Associations.                                                                                               
                                                                                                                                
2:38:51 PM                                                                                                                    
SENATOR MICCICHE  related his  understanding that  Alaska Housing                                                               
Finance Corporation  (AHFC) is the  only public  corporation that                                                               
does not need legislative approval  for bonding. He asked whether                                                               
AHFC has issued bonds.                                                                                                          
                                                                                                                                
MR.  WILLIAMS answered  that AHFC  had  issued Veterans  Mortgage                                                               
Program Bonds,  most recently in  2019. AHFC also  issues Capital                                                               
Project Bonds.  He offered to  provide a complete list  of recent                                                               
issuances by AHFC to the committee.                                                                                             
                                                                                                                                
2:39:55 PM                                                                                                                    
SENATOR MICCICHE  asked whether the  state has bonded  for Alaska                                                               
Marine Highway capital projects in the past.                                                                                    
                                                                                                                                
MR. WILLIAMS answered no, not to his knowledge.                                                                                 
                                                                                                                                
2:40:16 PM                                                                                                                    
SENATOR KIEHL  asked whether the state  issued Grant Anticipation                                                               
Revenue Vehicle (GARVEE) Bonds for the Chenega fast ferry.                                                                      
                                                                                                                                
2:40:39 PM                                                                                                                    
MR. CARPENTER deferred to Captain Falvey.                                                                                       
                                                                                                                                
2:40:54 PM                                                                                                                    
CAPTAIN  FALVEY responded  that he  does not  recall if  the fast                                                               
ferries  were bonded.  He  offered  to check  and  report to  the                                                               
committee.                                                                                                                      
                                                                                                                                
2:41:12 PM                                                                                                                    
SENATOR  MICCICHE said  he is  uncomfortable leaving  issuance of                                                               
bonds wide  open, particularly  for a  new corporation.  He noted                                                               
that only  the Aerospace  Corporation and  AIDEA were  capable of                                                               
issuing bonds.  He expressed  an interest  in knowing  more about                                                               
their limits and whether these  limits were based on a proportion                                                               
of  their annual  budgets  or  some other  basis,  and any  logic                                                               
behind that limit.                                                                                                              
                                                                                                                                
2:42:11 PM                                                                                                                    
SENATOR  KIEHL   related  his   understanding  that   the  Alaska                                                               
Commission on Postsecondary Education  had the authority to issue                                                               
bonds without legislative approval. He  recalled that it had been                                                               
some time  since they had  done so.  He expressed an  interest in                                                               
their bonding.                                                                                                                  
                                                                                                                                
2:42:39 PM                                                                                                                    
SENATOR  MICCICHE  expressed  an  interest in  having  the  [list                                                               
entitled  "SB 170.  Establishment  of the  Alaska Marine  Highway                                                               
Corporation"]  updated and  adding a  column for  the history  of                                                               
bonding  utilization, so  the committee  could better  understand                                                               
the bonding.                                                                                                                    
                                                                                                                                
2:43:14 PM                                                                                                                    
CHAIR  MYERS stated  that the  state has  15-17 corporations.  He                                                               
said  he   did  not   want  to   overwhelm  the   committee  with                                                               
information,  so he  limited the  document to  the most  relevant                                                               
corporations,  including  Alaska   Aerospace  Corporation,  AHFC,                                                               
AIDEA, and the Alaska Railroad  Corporation. He offered to expand                                                               
the list to include other corporations.                                                                                         
                                                                                                                                
2:44:18 PM                                                                                                                    
CHAIR MYERS held SB 170 in committee.                                                                                           

Document Name Date/Time Subjects
S TRA - AMHS Overview (03-22-2022).pdf STRA 3/22/2022 1:30:00 PM
SB 170
SB 170 - Quick Review of Bonding Authority and Alaska Public Corporations.pdf STRA 3/22/2022 1:30:00 PM
SB 170
SB 170_Research_AMHS Construction Contracting Fact Sheet.pdf STRA 3/22/2022 1:30:00 PM
SB 170
SB 170_Research_AMHS Procurement Fact Sheet.pdf STRA 3/22/2022 1:30:00 PM
SB 170
SB 170_Research_AMHS Annual Financial Report 2021.pdf STRA 3/22/2022 1:30:00 PM
SB 170