Legislature(2011 - 2012)HOUSE FINANCE 519

02/14/2012 01:30 PM House FINANCE


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01:34:59 PM Start
01:36:30 PM SB66
01:50:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 66 AIDEA: NEW MARKETS TAX CREDIT PROGRAM TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 14, 2012                                                                                          
                         1:34 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:34:59 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the House Finance Committee meeting                                                                     
to order at 1:34 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Reggie Joule                                                                                                     
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Mark Davis, Deputy Director, Alaska Industrial Development                                                                      
and Export Authority, (AIDEA)                                                                                                   
                                                                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSSB 66(L&C)                                                                                                                    
          AIDEA: NEW MARKETS TAX CREDIT PROGRAM                                                                                 
                                                                                                                                
          CSSB 66(L&C) was HEARD and HELD in committee for                                                                      
          further consideration.                                                                                                
                                                                                                                                
CS FOR SENATE BILL NO 66(L&C)                                                                                                 
                                                                                                                                
     "An Act creating a new markets tax credit assistance                                                                       
     guarantee and loan program within the Alaska                                                                               
     Industrial Development and Export Authority and                                                                            
     relating to the program; and providing for an                                                                              
     effective date."                                                                                                           
                                                                                                                                
1:36:30 PM                                                                                                                    
                                                                                                                                
MARK DAVIS,  DEPUTY DIRECTOR, ALASKA  INDUSTRIAL DEVELOPMENT                                                                    
AND  EXPORT  AUTHORITY,  (AIDEA)  clarified that  SB  66  is                                                                    
essentially  the  same   bill  as  HB  120   with  the  only                                                                    
difference being a cap on how  much can be guaranteed on the                                                                    
loans. House Bill  120 had a cap of $50  million; the Senate                                                                    
reduced   it  to   $40   million.   The  Alaska   Industrial                                                                    
Development  and Export  Authority had  no objection  to the                                                                    
reduction.  Senate Bill  66  allows AIDEA  to  work with  an                                                                    
effective  federal  tax  credit  program;  the  program  was                                                                    
implemented  in  2000  and although  the  program  is  still                                                                    
active in  2012, it  is now up  for reallocation.  Mr. Davis                                                                    
explained  that   there  are   allocations  from   the  U.S.                                                                    
Department of the  Treasury for these types  of credits. The                                                                    
credits  are  available to  people  who  put equity/cash  in                                                                    
projects  in  census  areas  that have  20  percent  of  the                                                                    
population below the  poverty level or a  median income less                                                                    
than  80 percent  of  the metropolitan  median  for a  state                                                                    
which in Alaska would be Anchorage.                                                                                             
                                                                                                                                
Co-Chair Stoltze requested a  definition of the metropolitan                                                                    
mean area.                                                                                                                      
                                                                                                                                
Mr.  Davis   replied  that  each   state  picks   a  central                                                                    
population area  such as New York  City for New York  or San                                                                    
Francisco  or  Los  Angeles  in  California,  and  then  the                                                                    
average  income in  those large  areas would  be calculated.                                                                    
The  program  largely  works  in  rural  areas  or  targeted                                                                    
populations,  such  as  Native   Americans.  In  Alaska  the                                                                    
credits have already  been used for the  Platinum fish plant                                                                    
and the Galena  and Kotzebue long term  care facilities. The                                                                    
loan is usually from a  bank, called a leveraged lender, and                                                                    
a task  credit investor.  The task credit  investor receives                                                                    
39 percent  of whatever  they put into  the project  that is                                                                    
then used as  a tax write-off over a seven  year period. The                                                                    
tax write-off  translates into a substantial  amount. Equity                                                                    
investors usually leave their equity  in a project, and then                                                                    
the rest  of the money is  raised through a regular  bank or                                                                    
credit union.  The bank can  only collect  interest-only for                                                                    
the first seven years.                                                                                                          
                                                                                                                                
Mr.  Davis explained  that this  non-recourse loan  prevents                                                                    
the  investor from  foreclosing on  the project  and limited                                                                    
security.  Since  2008,  with   the  economic  downturn  and                                                                    
changes in banking procedures, there  is a shortage of these                                                                    
types of loans available.  The Alaska Industrial Development                                                                    
and Export Authority hired  several consultants to determine                                                                    
how to  get projects moving  in rural Alaska;  the consensus                                                                    
was that AIDEA  could offer guarantees for  these bank loans                                                                    
for the first seven years  of the project. Once the projects                                                                    
are cash flowing, over 99  percent would then refinance with                                                                    
a conventional loan.                                                                                                            
                                                                                                                                
1:41:03 PM                                                                                                                    
                                                                                                                                
Mr. Davis  elaborated that a  large company could  afford to                                                                    
build  a project  that may  not  have a  revenue stream  for                                                                    
three  to   five  years,  but   it  was  difficult   for  an                                                                    
independent.  The program  uses new  market cash  credits to                                                                    
attract equity  investors with  this interest-only  loan. At                                                                    
the end of  seven years the program moves  to a conventional                                                                    
loan using  the original equity to  refinance. The consensus                                                                    
among  investors  and banks  is  if  AIDEA guarantees  these                                                                    
seven  year  bank loans  it  would  free  up the  market  to                                                                    
continue.                                                                                                                       
                                                                                                                                
Mr.  Davis cited  that there  is interest  in Alaska  to use                                                                    
these credits if it is possible  to get the lending in place                                                                    
again.   The  Alaska   Industrial  Development   and  Export                                                                    
Authority would charge a fee  for offering the guarantee and                                                                    
since the  default rate  would be very  low, a  small profit                                                                    
would be generated  for the department.   He reiterated that                                                                    
there is no cost to the  program and very little risk to the                                                                    
department's  portfolio. One  reason  is  that the  Internal                                                                    
Revenue  Service  (IRS)  has   strict  requirements  If  the                                                                    
project does  not succeed in  paying its  interest-only loan                                                                    
for seven  years, then the  investors who received  that tax                                                                    
credit  would have  to pay  back all  their tax  write-offs.                                                                    
Investors  may also  be subject  to penalties  or additional                                                                    
interest, therefore  when these deals are  put together, the                                                                    
tax  credit investors  determine  that the  project will  be                                                                    
successful. In  addition, there is the  due diligence review                                                                    
of the  lender along  with the qualified  development entity                                                                    
to  ensure  the loan  is  sound.  He revealed  that  certain                                                                    
projects with  potential investors were already  in place in                                                                    
Alaska.   He  added   that  the   aforementioned  successful                                                                    
projects were in very rural sections of Alaska.                                                                                 
                                                                                                                                
1:45:06 PM                                                                                                                    
                                                                                                                                
Representative  Edgmon  indicated   that  rural  Alaska  and                                                                    
poverty  guidelines  could  potentially benefit  the  entire                                                                    
state.  He  noted  that the  equity  partner  or  investment                                                                    
partner could  possibly emerge  from Anchorage  or Fairbanks                                                                    
where there are  areas of 20 percent  poverty guidelines. He                                                                    
believed this could benefit areas  in Alaska in need of more                                                                    
economic development.                                                                                                           
                                                                                                                                
Mr. Davis  responded that the  average savings on  a project                                                                    
financed in  this manner was  20 to 30 percent  depending on                                                                    
the  negotiations   between  the  bank  and   the  qualified                                                                    
investors.                                                                                                                      
                                                                                                                                
Representative Doogan  requested the  costs of  the previous                                                                    
three loans.                                                                                                                    
                                                                                                                                
Mr.  Davis responded  that the  amount  of the  loan in  the                                                                    
Platinum  seafood  plant was  $10  million  while the  other                                                                    
projects were  in the  $2 to $3  million range.  These loans                                                                    
can  be used  for  low amounts  of money  and  also for  gap                                                                    
financing.  He offered  the example  of  the Galena  project                                                                    
where the loan was used  to provide an additional $2 million                                                                    
for wood  pellet heating and  solar panels.  These interest-                                                                    
only  payments allowed  for the  use of  alternate fuels  in                                                                    
this project.                                                                                                                   
                                                                                                                                
Representative Doogan  inquired how the plan  works if there                                                                    
is a $40 million loan limit for seven years.                                                                                    
                                                                                                                                
Mr. Davis  responded that the  project range tends to  be up                                                                    
to $5  million per project, translating  into eight projects                                                                    
over  seven years.  As each  new project  takes considerable                                                                    
time to assemble before a  decision is made to move forward,                                                                    
this  would be  the usual  number  of projects  to be  found                                                                    
during a seven year period. The  cap was picked so as not to                                                                    
affect AIDEA's financial ratings.                                                                                               
                                                                                                                                
1:48:49 PM                                                                                                                    
                                                                                                                                
Representative Gara  noted that  the loan investment  had to                                                                    
be  in a  community  development entity  and requested  some                                                                    
examples.                                                                                                                       
                                                                                                                                
Mr. Davis  responded that Alaska Growth  Capital (AGC) could                                                                    
function as  a community development entity  or a non-profit                                                                    
could be set up to be  a qualified development entity with a                                                                    
project beneath it.                                                                                                             
                                                                                                                                
1:50:10 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  pointed  out that  absent  House  Finance                                                                    
Committee Representatives  were interested  in the  bill. He                                                                    
encouraged those with suggestions  or concerns to notify the                                                                    
committee.                                                                                                                      
                                                                                                                                
CSSB 66(L&C)  was HEARD  and HELD  in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 1:52 PM.                                                                                           
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB66_WhitePaper.pdf HFIN 2/14/2012 1:30:00 PM
SB 66
SB66 Sectional.pdf HFIN 2/14/2012 1:30:00 PM
SB 66
SB66 Information Sheet.pdf HFIN 2/14/2012 1:30:00 PM
SB 66
SB66 Gov Transmittal Letter.pdf HFIN 2/14/2012 1:30:00 PM
SB 66
SB66 2-3-2011_AGC-Letter.pdf HFIN 2/14/2012 1:30:00 PM
SB 66
SB66 Hearong Request Letter.pdf HFIN 2/14/2012 1:30:00 PM
SB 66