Legislature(1999 - 2000)

04/13/2000 08:20 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HOUSE COMMUNITY AND REGIONAL AFFAIRS                                                                                    
                 STANDING COMMITTEE                                                                                             
                   April 13, 2000                                                                                               
                     8:20 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative John Harris, Co-Chairman                                                                                         
Representative Carl Morgan, Co-Chairman                                                                                         
Representative Andrew Halcro                                                                                                    
Representative Lisa Murkowski                                                                                                   
Representative Fred Dyson                                                                                                       
Representative Reggie Joule                                                                                                     
Representative Albert Kookesh                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 342                                                                                                              
"An Act relating to the financing authority, payment in lieu of tax                                                             
agreements, and tax exemption for assets and projects of the Alaska                                                             
Industrial Development and Export Authority; relating to renaming                                                               
and contingently repealing the rural development initiative fund                                                                
within the Department of Community and Economic Development, and                                                                
establishing the rural development initiative fund within the                                                                   
Alaska Industrial Development and Export Authority; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED OUT OF COMMITTEE                                                                                                   
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 342                                                                                                                    
SHORT TITLE: AIDEA: BONDS & RURAL DEVELOPMENT                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/07/00      2115     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/07/00      2115     (H)  CRA, L&C, FIN                                                                                       
 2/07/00      2115     (H)  ZERO FISCAL NOTE (DCED)                                                                             
 2/07/00      2115     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/22/00               (H)  CRA AT  8:00 AM CAPITOL 124                                                                         
 2/22/00               (H)  Scheduled But Not Heard                                                                             
 4/13/00               (H)  CRA AT  8:00 AM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
KEITH LAUFER, Financial and Legal Affairs Manager                                                                               
Alaska Industrial Development and Export Authority                                                                              
480 West Tudor                                                                                                                  
Anchorage, Alaska 99508                                                                                                         
POSITION STATEMENT:  Presented HB 342.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-25, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIRMAN MORGAN called the House Community and Regional Affairs                                                              
Standing Committee meeting to order at 8:20 a.m.  Members present                                                               
at the call to order were Representatives Morgan, Halcro,                                                                       
Murkowski, Dyson, Joule and Kookesh.  Representative Harris arrived                                                             
as the meeting was in progress.                                                                                                 
                                                                                                                                
HB 342-AIDEA: BONDS & RURAL DEVELOPMENT                                                                                         
                                                                                                                                
CO-CHAIRMAN MORGAN announced that the only order of business would                                                              
be HOUSE BILL NO. 342, "An Act relating to the financing authority,                                                             
payment in lieu of tax agreements, and tax exemption for assets and                                                             
projects of the Alaska Industrial Development and Export Authority;                                                             
relating to renaming and contingently repealing the rural                                                                       
development initiative fund within the Department of Community and                                                              
Economic Development, and establishing the rural development                                                                    
initiative fund within the Alaska Industrial Development and Export                                                             
Authority; and providing for an effective date."                                                                                
                                                                                                                                
Number 0095                                                                                                                     
                                                                                                                                
KEITH LAUFER, Financial and Legal Affairs Manager, Alaska                                                                       
Industrial Development and Export Authority (AIDEA), informed the                                                               
committee that there should be a sectional analysis of HB 342 and                                                               
thus he would only highlight the major portions of the bill.  He                                                                
specified that HB 342 has three main elements.  First, HB 342                                                                   
extends AIDEA's general bonding authority that would otherwise                                                                  
sunset July 1, 2000.  Second, HB 342 transfers the Rural                                                                        
Development Initiative Fund Loan Program from the Department of                                                                 
Community & Economic Development (DCED) to AIDEA.  Third, HB 342                                                                
makes some technical changes to existing provisions which deal with                                                             
tax exemptions and payment in lieu of tax agreements between local                                                              
municipalities and the users of AIDEA's development finance                                                                     
projects.                                                                                                                       
                                                                                                                                
MR. LAUFER turned to the bonding sunset.  He noted that AIDEA's                                                                 
general bonding authority has been subject to periodic sunsets for                                                              
many years.  The current sunset is effective July 1, 2000, and                                                                  
would prevent AIDEA from issuing all bonds other than refunding                                                                 
bonds, regardless of size without specific legislative approval.                                                                
The sunset would prevent AIDEA from issuing bonds for development                                                               
finance projects under $10 million.  Bonds greater than $10 million                                                             
currently require and will continue to require specific legislative                                                             
authorization.  Furthermore, the sunset would prevent AIDEA from                                                                
issuing conduit revenue bonds.  Conduit revenue bonds can be issued                                                             
by AIDEA and do not obligate AIDEA's assets or the state's assets,                                                              
but can allow qualified projects to receive low-cost tax exempt                                                                 
financing.  He pointed out that HB 342 would extend the sunset to                                                               
July 2003 and clarify that conduit revenue bonds will not be                                                                    
subject to the sunset.                                                                                                          
                                                                                                                                
Number 0286                                                                                                                     
                                                                                                                                
MR. LAUFER turned to the second major portion of the HB 342, which                                                              
would transfer the Rural Development Initiative Fund Loan Program                                                               
to AIDEA.  This program was formerly in the Department of Community                                                             
& Regional Affairs (DCRA) and was transferred to the new                                                                        
department, DCED.  He explained that this program allows for small                                                              
loans to businesses and communities of less than 5,000.  This                                                                   
program has long been supported by AIDEA as [the program] has                                                                   
utilized AIDEA's loan guarantee program, the business assistance                                                                
program, in conjunction with the program in order to make both                                                                  
programs more effective.  Furthermore, in 1993 and 1996 the                                                                     
legislature authorized AIDEA to purchase loan portfolios from the                                                               
state and use the proceeds from those purchases to recapitalize the                                                             
Rural Development Initiative Fund.  Therefore, transferring the                                                                 
program to AIDEA would further AIDEA's mission and additionally                                                                 
will allow the program to become self-sustaining without the need                                                               
of periodic legislative appropriations to recapitalize the fund.                                                                
He commented that AIDEA will continue to work with the department                                                               
to administer the program.  Mr. Laufer informed the committee that                                                              
a separate appropriation will be required to authorize AIDEA to                                                                 
purchase the existing loan portfolio, which causes much of the                                                                  
complexity of the bill as the old program will not be repealed                                                                  
until AIDEA has an opportunity to purchase the loan portfolio.                                                                  
                                                                                                                                
MR. LAUFER continued with the final portion of HB 342, which                                                                    
relates to the tax exemption for AIDEA-owned development finance                                                                
projects.  Under existing law, local jurisdictions can exempt users                                                             
of AIDEA's projects from local property tax or allow for the entry                                                              
into payment in lieu of tax (PILOT) agreements for these projects.                                                              
However, current law is not clear on the mechanisms that are to be                                                              
used for those tax exemptions.  Therefore, the bill offers the                                                                  
following two specific corrections.  He explained that the existing                                                             
law speaks to AIDEA entering into payment in lieu of tax agreements                                                             
with project users.  However, in actuality, the payment in lieu of                                                              
tax agreements would be between the users of the projects and the                                                               
local jurisdictions.  That is corrected by HB 342.  With regard to                                                              
other elements corrected by the bill, he explained that existing                                                                
law speaks to tax exemptions for these projects, although there is                                                              
no mechanism in law that provides for a specific exemption that                                                                 
municipalities could grant to these AIDEA-owned projects.  The bill                                                             
corrects that by creating a specific exemption that municipalities                                                              
can grant for these projects.                                                                                                   
                                                                                                                                
Number 0515                                                                                                                     
                                                                                                                                
CO-CHAIRMAN MORGAN inquired as to where rural Alaska would fit in                                                               
AIDEA with regard to the statewide energy plan.                                                                                 
                                                                                                                                
MR. LAUFER explained that AIDEA is working on the statewide energy                                                              
plan in conjunction with the Denali Commission.  There is no                                                                    
specific program that provides for it other than in AIDEA's                                                                     
existing general authority to work cooperatively with other                                                                     
agencies.  Mr. Laufer noted that this statewide energy plan has                                                                 
been divided into three regions, of which the rural region is                                                                   
advancing first.  He informed the committee that the phase one                                                                  
analysis, which was predominantly an inventory of existing                                                                      
information, has been completed.  The [statewide energy plan] is                                                                
moving into phase two.  Phase two will utilize a contractor to help                                                             
develop a plan that identifies the various options and makes                                                                    
recommendations in regard to the issues surrounding rural Alaska                                                                
[and energy].                                                                                                                   
                                                                                                                                
CO-CHAIRMAN MORGAN asked if Mr. Laufer could provide some examples                                                              
of conduit [revenue] bonds.                                                                                                     
                                                                                                                                
MR. LAUFER cited the following as examples of conduit [revenue]                                                                 
bonds:  a $71 million bond issue for the Fort Knox Gold Mine; a $23                                                             
million issued for the Goat Lake Hydroelectric project; a $2.2                                                                  
million bond for the American Red Cross; and a bond for the                                                                     
Association of Village Council Presidents.                                                                                      
                                                                                                                                
MR. LAUFER explained, in response to Representative Dyson, that the                                                             
bond to the American Red Cross was for a building to house their                                                                
offices in Anchorage.  The American Red Cross is a nonprofit tax                                                                
exempt entity and thus they qualify for tax exempt financing under                                                              
the Internal Revenue Code, which requires a governmental issue for                                                              
which AIDEA qualifies.  The bond for the Association of Village                                                                 
Council Presidents was a similar situation in that the bond was for                                                             
their offices in Bethel.                                                                                                        
                                                                                                                                
Number 0765                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON asked if either of those entities could have                                                               
obtained a reasonable commercial loan.                                                                                          
                                                                                                                                
MR. LAUFER replied, "Not a tax exempt interest rate without a                                                                   
governmental issuer."  He explained that under the Internal Revenue                                                             
Code the interest is paid to the ultimate buyer of these bonds,                                                                 
which is typically a bank for these small bonds.  The interest the                                                              
bank receives is not subject to federal income tax and thus the                                                                 
bank for the bondholder can charge a lower interest rate than it                                                                
otherwise would.  However, in order to obtain that benefit there                                                                
has to be a qualified governmental issuer that issues the bond and                                                              
in this case, AIDEA is the qualifying governmental issuer.                                                                      
                                                                                                                                
REPRESENTATIVE DYSON asked if either of those entities could have                                                               
qualified for a commercial loan.                                                                                                
                                                                                                                                
MR. LAUFER answered yes.  He related his belief that in both of                                                                 
these loans, the ultimate lender was a commercial bank.  In further                                                             
response to Representative Dyson, Mr. Laufer said that the delta                                                                
between the interest rates of a commercial loan and an AIDEA loan                                                               
would depend upon market conditions.  However, [the difference                                                                  
between the interest rates] would typically vary from 1 to 2                                                                    
percent.  He specified that ultimately that would be between the                                                                
bondholder, the bank, and the borrower.  He noted that AIDEA                                                                    
doesn't have any liability for the debt or face any risk if the                                                                 
borrower was to default.                                                                                                        
                                                                                                                                
Number 0906                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON asked if in these cases, the American Red                                                                  
Cross and the Association of Village Council Presidents, were the                                                               
recipients of the loan financially strong enough to qualify with a                                                              
commercial bank.                                                                                                                
                                                                                                                                
MR. LAUFER responded in the affirmative.  He informed the committee                                                             
that in this case, they went through an underwriting process with                                                               
the banks and qualified through them.  Therefore, it was both the                                                               
bank and the borrower who came to AIDEA and requested that AIDEA                                                                
issue the bonds.                                                                                                                
                                                                                                                                
REPRESENTATIVE DYSON related his understanding, "So what AIDEA is                                                               
... doing is ... laundering the loan papers so that they can get to                                                             
be tax exempt."                                                                                                                 
                                                                                                                                
MR. LAUFER said that he wouldn't use the word "launder."  He felt                                                               
that [AIDEA] is acting in accordance with the Internal Revenue Code                                                             
in order to provide tax exempt financing.                                                                                       
                                                                                                                                
Number 0982                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI reviewed her understanding.  She                                                                       
understood that first there will be an appropriation to authorize                                                               
AIDEA to purchase the portfolio.  Once that is accomplished, DCED's                                                             
program is repealed, but then AIDEA will contract with DCED to                                                                  
administer the program.                                                                                                         
                                                                                                                                
MR. LAUFER agreed with her understanding.  He pointed out that the                                                              
existing fund in DCED cannot be repealed while assets remain in                                                                 
that fund.  Therefore, the delayed repealor is necessary as well as                                                             
the provisions that affect that repeal "only upon the purchase of                                                               
the assets."  He specified that it will become an AIDEA-owned                                                                   
program; however, AIDEA intends to work with the department [DCED]                                                              
to administer the program.  The department has been successful in                                                               
administering the program, but the problem has typically been the                                                               
flow of assets through the program.  Furthermore, once loans were                                                               
made the department didn't have a true revolving loan fund program                                                              
that could continue.  Therefore, it is [AIDEA's] intent to continue                                                             
to work with the department in order to administer the program as                                                               
a program within AIDEA.                                                                                                         
                                                                                                                                
REPRESENTATIVE MURKOWSKI remarked that it seems awkward to move                                                                 
everything to AIDEA, when the entity that [the program] is being                                                                
taken from is going to still administer the program.  However, she                                                              
surmised that the purpose being sought is to have the financial                                                                 
accountability within AIDEA.                                                                                                    
                                                                                                                                
MR. LAUFER agreed with Representative Murkowski's assessment of the                                                             
intent being sought.  He mentioned that has and continues to be an                                                              
integral part of the loan approval process, even when located in                                                                
[the Department of] Commerce.  He reiterated that AIDEA has been                                                                
working closely with DCED for many years.  He continued by saying                                                               
"So the mechanism we're using is to reflect the fact that its been                                                              
AIDEA that's been, through legislative appropriations, ... funding                                                              
the program and ... by moving the assets within AIDEA, we can make                                                              
it a true revolving fund program so we don't have this difficulty                                                               
with not having sufficient funds to meet the needs."  In response                                                               
to Representative Murkowski, Mr. Laufer agreed that [the program]                                                               
is not really being changed that much.                                                                                          
                                                                                                                                
Number 1152                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HARRIS asked if HB 342 or similar legislation doesn't                                                               
pass, would AIDEA's bonding authority end.                                                                                      
                                                                                                                                
MR. LAUFER replied yes.  He explained that AIDEA would need                                                                     
specific legislative authorization for every bond other than                                                                    
refunding bonds, which are basically refinances.  [This legislative                                                             
authorization would be required] regardless of the size or type of                                                              
bond.                                                                                                                           
                                                                                                                                
CO-CHAIRMAN MORGAN inquired as to whether there are any major                                                                   
projects in the planning or development stages that would be                                                                    
hampered if the legislature failed to act on HB 342.                                                                            
                                                                                                                                
MR. LAUFER related his belief that there are several conduit                                                                    
financing bonds that are in the works, which he believes would be                                                               
hampered [if the legislature failed to act on HB 342].                                                                          
Additionally, it is likely that there could be development finance                                                              
projects that would be hampered.  He said that he didn't have the                                                               
specific information to provide the committee.  Mr. Laufer informed                                                             
the committee that there are other projects, larger development                                                                 
finance projects, that are further along and the legislature has                                                                
already granted specific approval and thus those projects wouldn't                                                              
be impacted by the failure to pass HB 342.                                                                                      
                                                                                                                                
CO-CHAIRMAN MORGAN turned to the infrastructure for rural Alaska                                                                
and asked how [AIDEA] would make that more efficient.                                                                           
                                                                                                                                
MR. LAUFER commented that AIDEA has done a number of projects in                                                                
rural Alaska, with regard to infrastructure.  He cited the Red Dog                                                              
Road and port, the DeLong (ph) Mountain Transportation System as                                                                
examples.  Additionally, AIDEA, under its loan programs, has done                                                               
a variety of loans in rural Alaska such as the loan for the Alaska                                                              
Commercial Company.                                                                                                             
                                                                                                                                
CO-CHAIRMAN MORGAN asked if there were any further questions and if                                                             
there was anyone else who wished to testify, there were none.                                                                   
Therefore, Co-Chairman Morgan closed public testimony.  He noted                                                                
that there is an amendment that he would like to offer.                                                                         
                                                                                                                                
Number 1400                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HARRIS moved that the committee adopt Amendment 1,                                                                  
which reads as follows:                                                                                                         
                                                                                                                                
     Page 1, line 6, following ";":                                                                                             
          Insert "relating to staff of the Alaska Energy                                                                        
          Authority;"                                                                                                           
                                                                                                                                
     Page 2, following line 24:                                                                                                 
          Insert new bill sections to read:                                                                                     
          "* Sec. 5.  AS 44.83.040(a) is amended to                                                                             
          read:                                                                                                                 
               (a)  [THE CHAIR AND VICE-CHAIR OF THE ALASKA                                                                     
INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY SHALL SERVE                                                                         
AS OFFICERS OF THE ALASKA ENERGY AUTHORITY.]  The powers    of the                                                              
Alaska Energy Authority are vested in the directors, and three                                                                  
directors of the authority constitute a quorum.  Action may be                                                                  
taken and motions and resolutions adopted by the Alaska Energy                                                                  
Authority at a meeting by the affirmative vote of a majority of the                                                             
directors.  The directors of the Alaska Energy Authority serve                                                                  
without compensation, but they shall receive the same travel pay                                                                
and per diem as provided by law for board                                                                                       
     members under AS 39.20.180.                                                                                                
     * Sec. 6.  AS 44.83 is amended by adding a new section to                                                                  
     article 1 to read:                                                                                                         
               Sec. 44.83.051.  Executive director and staff;                                                                   
administration.  (a) The authority shall appoint an executive                                                                   
director as the authority's executive officer.  The authority shall                                                             
delegate supervision of the administration of the authority to the                                                              
executive director of the authority.  The executive director is a                                                               
member of the exempt service under AS 39.25.110, serves at the                                                                  
pleasure of the authority, and receives compensation fixed by the                                                               
authority.                                                                                                                      
               (b)  The executive director appoints persons to the                                                              
     staff positions authorized by the authority, and staff                                                                     
     compensation is fixed by the authority.  Employees of the   authority are                                                  
               (c)  The authority may contract for legal and bond                                                               
     counsel, consultants, experts, and financial and                                                                           
technical advisors that the authority considers necessary   for the                                                             
conduct of studies, investigations, hearings, or  other                                                                         
proceedings."                                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 15:                                                                                                           
          Delete "sec. 10"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 5, line 16:                                                                                                           
          Delete "sec. 10"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 5, line 19:                                                                                                           
          Delete "sec. 9"                                                                                                       
          Insert "sec. 11"                                                                                                      
                                                                                                                                
     Page 5, line 29:                                                                                                           
          Delete "sec. 10"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 5, line 30:                                                                                                           
          Delete "sec. 10"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 6, line 1:                                                                                                            
          Delete "sec. 10"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 6, following line 2:                                                                                                  
          Insert a new subsection to read:                                                                                      
          "(e)  Employees of the Alaska Industrial Development and                                                              
     Export Authority who are responsible for rural energy programs                                                             
     shall be transferred to the Alaska Energy Authority when the                                                               
     Alaska Energy Authority requests the transfer of those                                                                     
     employees."                                                                                                                
                                                                                                                                
     Page 6, line 3:                                                                                                            
          Delete "Section 5"                                                                                                    
          Insert "Section 7"                                                                                                    
                                                                                                                                
     Page 6, line 4:                                                                                                            
          Delete "Sections 10 and 11"                                                                                           
          Insert "Sections 12 and 13"                                                                                           
                                                                                                                                
     Page 6, line 8:                                                                                                            
          Delete "secs. 10 and 11"                                                                                              
          Insert "secs. 12 and 13"                                                                                              
          Delete "sec. 13"                                                                                                      
          Insert "sec. 15"                                                                                                      
                                                                                                                                
     Page 6, lines 8 - 9:                                                                                                       
          Delete "secs. 10 and 11"                                                                                              
          Insert "secs. 12 and 13"                                                                                              
                                                                                                                                
     Page 6, line 14:                                                                                                           
          Delete "secs. 12 - 14"                                                                                                
          Insert "secs. 14 - 16"                                                                                                
                                                                                                                                
REPRESENTATIVE MURKOWSKI objected.                                                                                              
                                                                                                                                
CO-CHAIRMAN MORGAN explained that Amendment 1 would create an                                                                   
independent rural energy program under the auspices of the Alaska                                                               
Energy Authority (AEA); this [program] would be separate from                                                                   
AIDEA's authority.  He outlined the following powers of authority:                                                              
                                                                                                                                
     Create separate and clear lines of authority and powers                                                                    
     currently established under AS 44.83.020-.995 and HB 40                                                                    
     (Ch 58, SLA 99, Section 66) and the Rural Energy Programs                                                                  
     under AS 42.45 for AEA.                                                                                                    
                                                                                                                                
     Establish Executive Director position for AEA, reporting                                                                   
     to the AEA Board of Directors.  The Executive Director                                                                     
     shall answer to the Board and may employ staff, legal and                                                                  
     bond counsel, consultants, experts, et cetera, as needed                                                                   
     for the operation of the Authority.                                                                                        
                                                                                                                                
     Transfer employees currently housed under AIDEA to                                                                         
     positions to be established under AEA for the                                                                              
     administration of the programs.                                                                                            
                                                                                                                                
     Delete authority of the AIDEA chair and vice-chair as                                                                      
     officers of the Alaska Energy Authority (AS 44.83.040).                                                                    
                                                                                                                                
CO-CHAIRMAN MORGAN clarified that Amendment 1 isn't creating                                                                    
another board because "the AIDEA board will just take off their                                                                 
hats and put on their Alaska Energy Authority hats."  The same five                                                             
[members] will be on the AIDEA board as well as the AEA board.                                                                  
                                                                                                                                
Number 1552                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked, "Why are we moving it out of the                                                                
auspices of AIDEA and into AEA?"                                                                                                
                                                                                                                                
CO-CHAIRMAN MORGAN related his belief that AEA deals specifically                                                               
with rural Alaska and the smaller projects such as tank farms and                                                               
power upgrades.  On the other hand, AIDEA [deals with] larger                                                                   
[projects] that are statewide in scope.  Co-Chairman Morgan felt                                                                
that [the rural areas] are getting lost and rural Alaska is being                                                               
disenfranchised and losing the only conduits that they had last                                                                 
year.  He believes that the Denali Commission was working well up                                                               
to last year and now the commission is being hampered.  He noted                                                                
that he has letters from the North Slope to Southeast and Western                                                               
Alaska which indicate this.                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI recalled that it has been under the                                                                    
auspices of AIDEA and separate from AEA for less than year.                                                                     
Therefore, she asked if, in that short time, Co-Chairman Morgan has                                                             
received concerns from constituents that AIDEA has been less than                                                               
responsive towards rural needs.  She asked if this has been a                                                                   
problem or should we in fact give AIDEA time to pull it together.                                                               
                                                                                                                                
CO-CHAIRMAN MORGAN answered that he has some correspondence.                                                                    
                                                                                                                                
Number 1694                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOOKESH commented that he has decided that if [the                                                               
legislature] doesn't move AEA out of AIDEA this year, that he will                                                              
do everything he can to do so next year.  Representative Kookesh                                                                
reminded the committee that he was supportive of moving AIDEA from                                                              
DCRA last year because he thought [the rural areas] would have a                                                                
direct line of communication through AIDEA.  However, that has not                                                              
been the case.  On a personal basis, Representative Kookesh                                                                     
remarked that he has "had a lot of trouble with AIDEA."  He noted                                                               
his observation that it's almost like a turf war and that is more                                                               
important than the concerns of rural Alaska.  He echoed Co-Chairman                                                             
Morgan's comments with regard to being unhappy with the response                                                                
from AIDEA.  Furthermore, he felt that, in the last few days, the                                                               
Denali Commission has received negative response from AIDEA, which                                                              
is unfortunate.  He pointed out that the Denali Commission has                                                                  
spent more money on projects through AEA and Mr. Frisby's office                                                                
than anywhere else in Alaska.  It was because Mr. Frisby's                                                                      
involvement with AEA that the Denali Commission spent the money it                                                              
did [with AEA].  Representative Kookesh commented that this is one                                                              
of the few areas in the [consolidation of the departments] that he                                                              
has been unhappy with.  Although he was never supportive of                                                                     
combining the departments, he agreed to it eventually because of                                                                
his belief that it would help rural Alaska, which has been the case                                                             
in most instances.  He related his belief that energy is getting                                                                
lost in AIDEA, which is unfortunate especially in rural Alaska.  He                                                             
stated that he believes Co-Chairman Morgan's amendment is a good                                                                
amendment that should go forward.  Representative Kookesh concluded                                                             
by emphasizing the need for a statewide energy policy, which will                                                               
never happen as long as "we" are lost in the bureaucracy of AIDEA.                                                              
                                                                                                                                
REPRESENTATIVE HALCRO noted the sunset of AIDEA's bonding authority                                                             
if HB 342 is not passed.  He expressed concern with the possibility                                                             
of weighing down this bill such that it doesn't go anywhere once                                                                
the bill is reported out of this committee.  However, the Governor                                                              
has just introduced legislation regarding the sale of the Four Dam                                                              
Pool and the creation of the PCE Endowment, which he felt would be                                                              
a better vehicle to attach an energy authority with a funding                                                                   
source.  Therefore, there would be a separate authority/power which                                                             
will oversee the funding source that will fund PCE.  Representative                                                             
Halcro stated that he could support that; however, he expressed                                                                 
concern that without HB 342 AIDEA's bonding authority will sunset                                                               
until the legislature convenes in January [2001].                                                                               
                                                                                                                                
REPRESENTATIVE KOOKESH remarked that Representative Halcro's idea                                                               
is a good idea.  He, too, was concerned with the bonding capability                                                             
of AIDEA in relation to the passage of HB 342.  Therefore,                                                                      
Representative Kookesh said that he just wanted to see it happen.                                                               
                                                                                                                                
Number 1980                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE agreed that Representative Halcro's suggestion                                                             
is an appropriate solution.  He turned to the reason behind                                                                     
Co-Chairman Morgan's amendment.  When the Denali Commission was                                                                 
formed, the only reason it could address energy issues was because                                                              
it was the only place with something on paper that was ready to be                                                              
implemented.  However, since this transfer [combining of the                                                                    
departments] has occurred, the need for the statewide energy plan                                                               
[may be] getting weighted down by some of the issues that                                                                       
Representative Kookesh referred to.  Representative Joule commented                                                             
that if [the statewide energy plan] doesn't happen soon, there will                                                             
be missed opportunities.                                                                                                        
                                                                                                                                
REPRESENTATIVE JOULE turned to the Division of Energy and its                                                                   
importance to rural Alaska.  In his experience with that division,                                                              
that division was very good in responding to the communities in an                                                              
extremely timely manner.  He believes that the communities felt                                                                 
like there was something in state government that was listening and                                                             
acting.  Therefore, to make it stand alone would highlight and                                                                  
illustrate its importance.                                                                                                      
                                                                                                                                
REPRESENTATIVE JOULE remarked that one of the reasons he didn't                                                                 
support the merger until the final vote was because of the promise                                                              
that those components serving rural Alaska would not get lost.                                                                  
However, there seems to be a struggle that is hampering that.                                                                   
Representative Joule acknowledged that HB 342 does need to move                                                                 
forward as it does some really good things and perhaps [Co-Chairman                                                             
Morgan's amendment] should be placed in other legislation.                                                                      
                                                                                                                                
Number 2196                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO suggested that the committee as a whole                                                                   
present an amendment [regarding AEA] to House Finance [when the                                                                 
Governor's legislation is heard].  He pointed out that when the PCE                                                             
funding source [materializes] with the sale of the Four Dam Pool,                                                               
it only makes sense to have an authority to manage the revenue                                                                  
source.                                                                                                                         
                                                                                                                                
REPRESENTATIVE DYSON surmised that Co-Chairman Morgan was losing                                                                
support for his amendment.  He informed the committee that he can't                                                             
vote on [the amendment] this quickly as it is a significant change.                                                             
Furthermore, he expressed the need to hear from the Administration                                                              
on this [change].                                                                                                               
                                                                                                                                
CO-CHAIRMAN MORGAN announced that he would proceed with                                                                         
Representative Halcro's suggestion to present this later.                                                                       
                                                                                                                                
CO-CHAIRMAN HARRIS withdrew his motion that the committee adopt the                                                             
amendment.                                                                                                                      
                                                                                                                                
Number 2285                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON moved to report HB 342 out of committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
There being no objection, it was so ordered and HB 342 was reported                                                             
from the House Community & Regional Affairs Standing Committee.                                                                 
                                                                                                                                
REPRESENTATIVE DYSON commented that he hoped AIDEA received the                                                                 
message to be more responsive.                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Community & Regional Affairs Standing Committee meeting was                                                                     
adjourned at 8:55 a.m.                                                                                                          

Document Name Date/Time Subjects