Legislature(2015 - 2016)BILL RAY CENTER 208

06/15/2016 03:00 PM House FINANCE


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03:16:14 PM Start
03:16:50 PM HB246
04:15:59 PM Recessed to a Call of the Chair
04:16:06 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 3:15 p.m. Today --
+= HB 246 AIDEA: FUNDS; LOANS; PROGRAMS; DIVIDEND TELECONFERENCED
Moved CSHB 246(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                  FOURTH SPECIAL SESSION                                                                                        
                       June 15, 2016                                                                                            
                         3:16 p.m.                                                                                              
                                                                                                                                
3:16:14 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  Thompson   called  the  House   Finance  Committee                                                                    
meeting to order at 3:16 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mark Neuman, Co-Chair                                                                                            
Representative Steve Thompson, Co-Chair                                                                                         
Representative Dan Saddler, Vice-Chair                                                                                          
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative Lynn Gattis                                                                                                      
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
Representative Cathy Munoz                                                                                                      
Representative Lance Pruitt                                                                                                     
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Gene  Therriault, Deputy  Director, Statewide  Energy Policy                                                                    
Development,   Alaska   Energy  Authority,   Department   of                                                                    
Commerce,   Community   and  Economic   Development;   Jerry                                                                    
Burnett, Deputy Commissioner,  Treasury Division, Department                                                                    
of Revenue; Fred Parady,  Deputy Commissioner, Department of                                                                    
Commerce,     Community,    and     Economic    Development;                                                                    
Representative  Lora Reinbold;  Representative Paul  Seaton;                                                                    
Representative Same Kito III.                                                                                                   
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 246    AIDEA: FUNDS; LOANS; PROGRAMS; DIVIDEND                                                                               
                                                                                                                                
          CSHB 246(FIN) was REPORTED out of committee with                                                                      
          a "do pass" recommendation and with a new zero                                                                        
          fiscal note from the Department of Commerce,                                                                          
          Community and Economic Development.                                                                                   
                                                                                                                                
HOUSE BILL NO. 246                                                                                                            
                                                                                                                                
     "An  Act  creating  the   oil  and  gas  infrastructure                                                                    
     development program and the  oil and gas infrastructure                                                                    
     development fund  in the Alaska  Industrial Development                                                                    
     and Export  Authority; relating  to the  interest rates                                                                    
     of  the   Alaska  Industrial  Development   and  Export                                                                    
     Authority;   relating   to   the   sustainable   energy                                                                    
     transmission   and   supply  development   and   Arctic                                                                    
     infrastructure  development  programs   of  the  Alaska                                                                    
     Industrial Development  and Export  Authority; relating                                                                    
     to  dividends from  the  Alaska Industrial  Development                                                                    
     and Export  Authority; and adding definitions  for 'oil                                                                    
     and   gas  development   infrastructure'  and   'proven                                                                    
     reserves.'"                                                                                                                
                                                                                                                                
3:16:50 PM                                                                                                                    
                                                                                                                                
Co-Chair Thompson MOVED to  ADOPT Amendment 1 [29-GH2613\W.3                                                                    
(Nauman/Shutts, 6/13/16)]:                                                                                                      
                                                                                                                                
     Page 8, lines 20-21:                                                                                                       
                                                                                                                                
     Delete  "for  expenditures on  the  oil  and gas  field                                                                    
     under AS 43.20.043, AS 43.55.023, or 43.55.025"                                                                            
                                                                                                                                
     Insert "under AS 43.55.023 for  expenditures on the oil                                                                    
     and  gas infrastructure  development financed  under AS                                                                    
     44.88.880"                                                                                                                 
                                                                                                                                
Co-Chair Neuman OBJECTED for discussion.                                                                                        
                                                                                                                                
GENE  THERRIAULT, DEPUTY  DIRECTOR, STATEWIDE  ENERGY POLICY                                                                    
DEVELOPMENT,   ALASKA   ENERGY  AUTHORITY,   DEPARTMENT   OF                                                                    
COMMERCE, COMMUNITY AND  ECONOMIC DEVELOPMENT, explained the                                                                    
amendment. He stated  that the effect of Amendment  1 was to                                                                    
modify  the current  prohibition in  the bill  pertaining to                                                                    
the request  of tax credits. The  current language signified                                                                    
that if  an entity was developing  an oil and gas  field and                                                                    
wanted to  utilize financing offered  by the  proposed fund,                                                                    
from the  day the  borrowing was initiated  it would  not be                                                                    
possible  to  request  credits   for  the  development.  The                                                                    
amendment would  shrink the  prohibition so  the prohibition                                                                    
of   future   tax   credits  would   be   limited   to   the                                                                    
infrastructure that the AIDEA loan  helped to fund. If there                                                                    
was  additional drilling  in the  field or  delineation, the                                                                    
company would still have the ability to apply for credits.                                                                      
                                                                                                                                
Representative  Gara  discussed  his  understanding  of  the                                                                    
amendment.                                                                                                                      
                                                                                                                                
Co-Chair  Thompson surmised  that if  a company  took out  a                                                                    
loan to build  a warehouse, things aside from  what the loan                                                                    
was for would be eligible for credits.                                                                                          
                                                                                                                                
Mr. Therriault agreed.                                                                                                          
                                                                                                                                
Co-Chair Thompson noted that the  company could not "double-                                                                    
dip" on the warehouse and use it as infrastructure.                                                                             
                                                                                                                                
Representative Gara  stated that the tax  credits applied to                                                                    
the  overall   spend.  He  wondered  how   the  state  would                                                                    
ascertain what the credits were being used for.                                                                                 
                                                                                                                                
Mr. Therriault  thought the last  part of  lines 4 and  5 of                                                                    
the  amendment stated  that the  development financed  under                                                                    
the new program would not be eligible.                                                                                          
                                                                                                                                
Representative  Gattis  understood  that the  amendment  was                                                                    
excluding from the  tax credits what may  have been borrowed                                                                    
under the proposed program.                                                                                                     
                                                                                                                                
Mr. Therriault  replied in the affirmative.  He detailed the                                                                    
one would  not be  able to  apply for  a credit  against the                                                                    
expenditure.                                                                                                                    
                                                                                                                                
Representative Guttenberg  asked about the ability  to track                                                                    
the differences  between a loan  under the  proposed program                                                                    
and the tax credits.                                                                                                            
                                                                                                                                
3:21:17 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:21:33 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
JERRY  BURNETT,  DEPUTY   COMMISSIONER,  TREASURY  DIVISION,                                                                    
DEPARTMENT  OF REVENUE,  stated that  the way  the amendment                                                                    
was  written,  it referred  to  oil  and gas  infrastructure                                                                    
development financed  under AS 44.88.880. He  explained that                                                                    
when a company  applied for a tax credit it  would either be                                                                    
a net  operating loss  (NOL) credit  or a  specific directed                                                                    
credit.  A NOL  credit would  be  reduced by  the amount  of                                                                    
expenditures,  and  would reduce  the  credit  by an  amount                                                                    
equivalent  to expenditures  applied  against  a credit.  He                                                                    
confirmed that it  would be possible to track  the amount of                                                                    
expenditure and apply it to calculation of the tax credits.                                                                     
                                                                                                                                
3:22:43 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:22:48 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative  Guttenberg   asked  for   verification  that                                                                    
companies  could  not  get  a  tax  credit  until  work  was                                                                    
completed.                                                                                                                      
                                                                                                                                
Mr. Burnett answered that the  expenditures had to have been                                                                    
made prior to application for tax credits.                                                                                      
                                                                                                                                
Representative Kawasaki referred to  deletions from the bill                                                                    
and  asked  about  AS 43.20.043  credits  and  AS  43.55.025                                                                    
credits.                                                                                                                        
                                                                                                                                
Mr.  Burnett  did  not  have the  information  on  hand.  He                                                                    
believed the  credits were exploration  credits and  one was                                                                    
perhaps related to a NOL credit.                                                                                                
                                                                                                                                
Mr.  Therriault   agreed.  He  elaborated  that   under  the                                                                    
original  wording of  the bill,  accessing credits  for that                                                                    
type of  activity would have been  prohibited (even downhole                                                                    
drilling)  once AIDEA  financing  was  utilized for  surface                                                                    
infrastructure. He  continued that the  amendment restricted                                                                    
the  prohibition again  to the  surface infrastructure,  and                                                                    
therefore would not impact the downhole drilling credits.                                                                       
                                                                                                                                
Co-Chair  Neuman  WITHDREW  his OBJECTION.  There  being  NO                                                                    
further OBJECTION, Amendment 1 was ADOPTED.                                                                                     
                                                                                                                                
3:24:58 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Saddler   MOVED  to   ADOPT  Amendment   2  [29-                                                                    
GH2613\W.6 (Wallace/Shutts, 6/14/16)]:                                                                                          
                                                                                                                                
     Page 6, line 5, following "than":                                                                                          
     Insert "(A)"                                                                                                               
                                                                                                                                
     Page 6, line 6, following "development;":                                                                                  
     Insert "or                                                                                                                 
     (B) $100,000,000;"                                                                                                         
                                                                                                                                
     Page 6, line 15, following "than":                                                                                         
     Insert "(A)"                                                                                                               
                                                                                                                                
     Page 6, following line 16:                                                                                                 
     Insert a new subparagraph to read:                                                                                         
     "(B) $100,000,000; or"                                                                                                     
                                                                                                                                
Co-Chair Neuman OBJECTED for discussion.                                                                                        
                                                                                                                                
Vice-Chair Saddler  discussed the amendment. He  stated that                                                                    
the  bill's primary  purpose was  to create  an Oil  and Gas                                                                    
Infrastructure  Loan Fund.  In  reviewing the  bill, he  had                                                                    
noted increases  in the AIDEA participation  limits in other                                                                    
loan programs such as the  SETS Loan Program, and the Arctic                                                                    
Infrastructure Loan  Program. He explained that  the purpose                                                                    
of  Amendment 2  was  to  try and  have  the  same kinds  of                                                                    
sideboards   and   limits   on   the   dollar   amount   and                                                                    
participation by percentage on  the existing programs as was                                                                    
proposed on  the new oil  and gas  program. He noted  he had                                                                    
made a slight  error on the amendment, and that  he would be                                                                    
offering a conceptual amendment to Amendment 2.                                                                                 
                                                                                                                                
3:26:13 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:27:02 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair Saddler  MOVED to ADOPT the  conceptual amendment                                                                    
to Amendment 2.                                                                                                                 
                                                                                                                                
Co-Chair Thompson OBJECTED for discussion.                                                                                      
                                                                                                                                
Vice-Chair  Saddler discussed  the conceptual  amendment. He                                                                    
specified  that on  line 3  of Amendment  2, the  conceptual                                                                    
amendment would  insert the language "the  lesser of" before                                                                    
(a).  Also  on  line  9   of  Amendment  2,  the  conceptual                                                                    
amendment  would insert  the words  "the  lesser of"  before                                                                    
paragraph 1.  The third element of  the conceptual amendment                                                                    
to  Amendment 2  was on  page 8,  line 7  of the  bill would                                                                    
insert the  words "the  lesser of"  following the  last word                                                                    
"than."                                                                                                                         
                                                                                                                                
Vice-Chair Saddler  explained the purpose of  the conceptual                                                                    
amendment to  Amendment 2  was to provide  a clear  test and                                                                    
direction from  the legislature  to AIDEA  of what  the caps                                                                    
should  be on  the  loan  programs for  the  SETS Fund,  the                                                                    
Arctic   Infrastructure  Development   Fund,  and   for  the                                                                    
proposed Oil and Gas Infrastructure Fund.                                                                                       
                                                                                                                                
Representative  Guttenberg stated  that the  amendment would                                                                    
change the number  from $25 million to $100  million (or the                                                                    
lesser  of).   He  had  two   concerns.  He   wondered  what                                                                    
difference it made  if the funds were not  monetized. He was                                                                    
concerned that  depending upon what level  the proposed fund                                                                    
was monetized,  a company  might come  with a  large project                                                                    
and take all  the funds. He wondered how  AIDEA would handle                                                                    
such an eventuality.                                                                                                            
                                                                                                                                
Mr. Therriault  answered that Representative  Guttenberg was                                                                    
correct in that the SETS  Fund and the Arctic Infrastructure                                                                    
Fund  were  not  currently capitalized.  He  continued  that                                                                    
AIDEA may engage  in a project that lent itself  to going to                                                                    
the bond market  to capitalize the fund;  or the legislature                                                                    
could  capitalize  the  fund  sometime  in  the  future.  He                                                                    
thought if a  large project came forward that  would use all                                                                    
the available funds, the AIDEA  board would consider whether                                                                    
it would be a prudent decision to move forward.                                                                                 
                                                                                                                                
Mr. Therriault  continued, clarifying  that the  hard dollar                                                                    
$100  million limit  really only  applied  to direct  loans.                                                                    
There had been  a suggestion that loan  guarantee amounts be                                                                    
adjusted from  $20 million to  $25 million; which  would not                                                                    
be impacted. The  language in the bill  signified that there                                                                    
would  be a  hard dollar  amount for  the direct  lending of                                                                    
$100 million.  Currently the bill  language included  a $100                                                                    
million  cap for  the proposed  Oil  and Gas  Infrastructure                                                                    
Fund. The  new fund would be  able to loan up  to 50 percent                                                                    
of the project, not to  exceed $100 million without specific                                                                    
approval from the legislature.                                                                                                  
                                                                                                                                
3:31:11 PM                                                                                                                    
                                                                                                                                
Representative  Guttenberg asked  about the  perspective the                                                                    
board would take relating  to diversification versus putting                                                                    
much of a fund into one project.                                                                                                
                                                                                                                                
Mr.   Therriault  answered   that  if   the  fund   was  not                                                                    
capitalized, and a project came  forward at the $100 million                                                                    
level, the board could evaluate  the possibility of going to                                                                    
the bond market to fund  the project. If the concept cleared                                                                    
a due diligence process, the  board would do the bonding and                                                                    
make the  loan. He thought  the scenario  could be a  way in                                                                    
which the fund  initially got rolling. Although  it would be                                                                    
a loan that would use up  the total available cash, it would                                                                    
set the  authority up to make  loans in the future  absent a                                                                    
general fund appropriation, which seemed unlikely.                                                                              
                                                                                                                                
Representative  Guttenberg  thought  the  amendment  was  an                                                                    
interesting concept.                                                                                                            
                                                                                                                                
Co-Chair Neuman asked  why the original cap had  been set at                                                                    
$20 million.                                                                                                                    
                                                                                                                                
Mr. Therriault answered that the  $20 million adjusted up to                                                                    
$25  million was  on  a loan  guarantee,  and the  amendment                                                                    
would not  change it. The  amendment only applied  to direct                                                                    
lending,  and would  replace the  $100  million cap,  beyond                                                                    
which  the   authority  would  require   direct  legislative                                                                    
approval.   In  setting   up  the   SETS  Fund   and  Arctic                                                                    
Infrastructure Fund,  the legislature had established  a $25                                                                    
million cap on  a loan guarantee. AIDEA could  go beyond the                                                                    
amount, but legislative approval would be required.                                                                             
                                                                                                                                
Co-Chair  Neuman asked  about a  hypothetical project  for a                                                                    
port  in  Northwestern   Alaska  for  arctic  infrastructure                                                                    
development.  He  asked if  the  scenario  was the  type  of                                                                    
project under consideration.                                                                                                    
                                                                                                                                
Mr. Therriault  answered that an  arctic port  was something                                                                    
that  would fit  under the  Arctic Infrastructure  Fund, and                                                                    
the fund (established by the  legislature) had no upper hard                                                                    
dollar  limit  on  a  direct loan.  He  continued  that  the                                                                    
amendment   would  place   the   $100   million  limit   (so                                                                    
potentially AIDEA  could loan 50  percent of a  $200 million                                                                    
project),  beyond which  would require  specific legislative                                                                    
approval.                                                                                                                       
                                                                                                                                
3:35:08 PM                                                                                                                    
                                                                                                                                
Representative Kawasaki asked about  making loans beyond the                                                                    
50 percent limit, and wondered  about risk exposure to AIDEA                                                                    
from having empty authority.                                                                                                    
                                                                                                                                
Mr. Therriault  answered that the legislation  allowed AIDEA                                                                    
to set  the mechanism  up so  that interested  parties could                                                                    
see the rules.  If an entity wanted to come  to AIDEA with a                                                                    
large project, it  would have to come to  the legislature to                                                                    
gain   approval;  at   which   time   AIDEA  could   request                                                                    
capitalization of the fund.                                                                                                     
                                                                                                                                
Representative  Kawasaki  stated  that  the  last  time  the                                                                    
legislature had  worked on the  issue (and the SETS  Fund in                                                                    
particular) was  related to the Interior  Energy Project for                                                                    
which there  had been special legislation.  He was concerned                                                                    
that AIDEA  would enter into a  loan for up to  $100 million                                                                    
but would  not be required  come before the  legislature for                                                                    
approval.                                                                                                                       
                                                                                                                                
Mr. Therriault answered that if  AIDEA had the ability to go                                                                    
out and bond to capitalize the  fund, it would be able to go                                                                    
up to the limit of  $100 million. Alternatively, sometime in                                                                    
the future the legislature may  have money to capitalize the                                                                    
fund. He reiterated that the  amendment established the hard                                                                    
dollar  upper limit  for direct  loans,  beyond which  would                                                                    
require legislative authority before the loan was made.                                                                         
                                                                                                                                
Representative Kawasaki  stated that  AIDEA currently  had a                                                                    
bonding  capacity cap  set in  statute. He  wondered if  the                                                                    
authority  was  currently meeting  the  cap.  He thought  it                                                                    
might be a rolling annual cap.                                                                                                  
                                                                                                                                
Mr. Therriault answered  that the cap was $400  million on a                                                                    
rolling 12-month basis. He did  not think AIDEA was anywhere                                                                    
close to the cap.                                                                                                               
                                                                                                                                
3:37:59 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Saddler explained  that  the  amendment did  not                                                                    
affect  the  loan  guarantees, but  only  direct  loans.  He                                                                    
emphasized that  currently there  was no hard  dollar limit,                                                                    
so a  direct loan could loan  up to 50 percent  of a capital                                                                    
cost  of a  project. The  amendment proposed  to put  a $100                                                                    
million  limit on  direct loans,  which was  drawn from  the                                                                    
limit on the Oil and  Gas Infrastructure Fund. The limit was                                                                    
set  deliberately  at  a  high level  such  that  AIDEA  had                                                                    
discretion  and  lending  parameters  and  evaluations.  The                                                                    
amendment  was to  try  and impose  the  same sideboard.  He                                                                    
clarified that  there was  no place  in which  the amendment                                                                    
proposed  to  change  anything  from  $25  million  to  $100                                                                    
million. He  stated that the goal  was to make sure  that if                                                                    
there  was  a large  project  AIDEA  would like  to  finance                                                                    
outside of  the $100 million  (or 50 percent)  parameter, it                                                                    
would come back to the legislature for approval.                                                                                
                                                                                                                                
Representative Kawasaki  appreciated putting some sort  of a                                                                    
hard  cap  on  the  direct   loan  amount.  He  thought  the                                                                    
legislature should be involved  in the approval process when                                                                    
it came to such a large amount  of money. He did not know if                                                                    
$100 million was the right number.                                                                                              
                                                                                                                                
Co-Chair  Thompson noted  that it  did  put a  limit on  the                                                                    
amount, which was not currently in statute.                                                                                     
                                                                                                                                
Representative Guttenberg  asked who  did the  due diligence                                                                    
when AIDEA loaned money.                                                                                                        
                                                                                                                                
FRED  PARADY, DEPUTY  COMMISSIONER, DEPARTMENT  OF COMMERCE,                                                                    
COMMUNITY,  AND ECONOMIC  DEVELOPMENT,  answered that  there                                                                    
was  a slide  that outlined  AIDEA's detailed  due-diligence                                                                    
process. He  noted that the  process was conducted  by staff                                                                    
with technical assistance contracted as necessary.                                                                              
                                                                                                                                
Representative Edgmon  spoke to  the intent  of the  bill as                                                                    
shown  on slide  6, which  was to  support small  and medium                                                                    
sized oil and gas developers  statewide. He thought the $100                                                                    
million cap might  stymie the goal of the bill  if a company                                                                    
needed $150 million. He wondered  if parts of the bill might                                                                    
be taking  some board's flexibility  to work with  a medium-                                                                    
sized developer.                                                                                                                
                                                                                                                                
Mr. Parady noted  that the structure of the bill  began as a                                                                    
30 percent limit that was raised  to 50 percent, and was now                                                                    
accompanied  by  a  hard  dollar  cap.  Considering  the  50                                                                    
percent cap,  it was  a $200  million project  in aggregate,                                                                    
which  constituted a  substantial  amount.  He reminded  the                                                                    
committee that  AIDEA had  the ability to  come back  to the                                                                    
legislature if the need of  the project was greater than the                                                                    
limit. He thought  the level of financing appeared  to be in                                                                    
the ballpark,  but it  was the  first time  a cap  was being                                                                    
established.                                                                                                                    
                                                                                                                                
Representative Edgmon  surmised that AIDEA was  in agreement                                                                    
with  the  proposed  limit  and  it  would  not  necessarily                                                                    
restrict or  hinder the authority's  ability to deal  with a                                                                    
medium-sized gas developer.                                                                                                     
                                                                                                                                
3:43:36 PM                                                                                                                    
                                                                                                                                
Mr. Parady replied in the affirmative.                                                                                          
                                                                                                                                
Co-Chair  Neuman   believed  $100  million  seemed   like  a                                                                    
significant amount  of money. He  reminded that AIDEA  was a                                                                    
subsidiary of  the state, and the  state had to back  up the                                                                    
authority's  loans. He  wanted to  know why  he should  feel                                                                    
comfortable with  the $100 million amount  given the state's                                                                    
fiscal situation.                                                                                                               
                                                                                                                                
Mr.  Parady  answered  that  AIDEA's   lending  was  not  an                                                                    
obligation to  the state; as it  was a set up  as a distinct                                                                    
corporate  enterprise.  The  credit  of the  state  was  not                                                                    
extended through AIDEA. Additionally,  the $25 million limit                                                                    
was the  limit of  AIDEA's ability  to guarantee  loans. The                                                                    
$100 million or  50 percent limit was for  direct loans, and                                                                    
when financing  such in the market,  it had to stand  on the                                                                    
merits of the project.                                                                                                          
                                                                                                                                
Co-Chair  Neuman asked  if AIDEA  currently had  anything in                                                                    
its portfolio that was upwards of $100 million.                                                                                 
                                                                                                                                
Mr. Parady  recalled that the  Red Dog Mine Project  was the                                                                    
major project  in the realm  of the $100 million  limit, and                                                                    
could  not think  of  another single  project  in the  AIDEA                                                                    
portfolio that approached the same dimensions.                                                                                  
                                                                                                                                
Co-Chair Neuman  asked if  there had  been any  requests for                                                                    
loans of that amount.                                                                                                           
                                                                                                                                
Mr.   Therriault  recalled   discussion   from  an   earlier                                                                    
committee  in which  Mr. Springsteen  had indicated  that he                                                                    
had been approached by oil  and gas companies. The way AIDEA                                                                    
was structured,  it was not  able to disclose  details, much                                                                    
like a private lender.                                                                                                          
                                                                                                                                
Representative Gattis  stated that her bigger  concern was a                                                                    
"fish  church."   She  wondered  why  the   legislature  was                                                                    
inserting itself  at the  $100 million level  if it  did not                                                                    
want the issue to be political.                                                                                                 
                                                                                                                                
3:48:23 PM                                                                                                                    
                                                                                                                                
Mr.  Parady replied  that he  would trust  that when  a $100                                                                    
million project  came through the authority's  due diligence                                                                    
process, that AIDEA would put  its best food forward through                                                                    
the  criteria  established  in its  evaluation  process.  He                                                                    
commented  that AIDEA  was always  subject to  the power  of                                                                    
appropriation from the legislature.                                                                                             
                                                                                                                                
Mr.  Therriault stated  that the  due diligence  process had                                                                    
been strengthened after some missteps  in the past. He added                                                                    
that with  the passage  of HB 105  the previous  year, there                                                                    
were a number of  legislative authorizations where AIDEA was                                                                    
given  the  ability   to  enter  into  a   loan  that  never                                                                    
materialized.                                                                                                                   
                                                                                                                                
Representative Gara asked if the  rule was 50 percent of the                                                                    
cost,  and under  the amendment  would be  50 percent  up to                                                                    
$100 million.                                                                                                                   
                                                                                                                                
Mr. Therriault replied in the affirmative.                                                                                      
                                                                                                                                
Representative Gara  thought that the provision  would limit                                                                    
AIDEA's  involvement. He  asked if  by putting  in the  $100                                                                    
million  suggestion  it  somehow  encouraged  AIDEA  to  get                                                                    
involved with projects that were  larger than they otherwise                                                                    
would have.                                                                                                                     
                                                                                                                                
Mr.  Therriault did  not believe  so. He  stated that  AIDEA                                                                    
only wanted to  loan out the amount of money  that a project                                                                    
could justify.  He did not  think the ($100  million) dollar                                                                    
amount would drag the number up.                                                                                                
                                                                                                                                
Vice-Chair Saddler  understood the  concerns about  the risk                                                                    
of raising  the amount of  money AIDEA could make  loans on.                                                                    
He thought  it had been  established that the  provision was                                                                    
actually  lessening and  limiting  the amount  of loans.  He                                                                    
reiterated that the $100 million  limit being considered had                                                                    
nothing to  do with the limit  for the proposed Oil  and Gas                                                                    
Infrastructure Fund.                                                                                                            
                                                                                                                                
Co-Chair  Neuman  WITHDREW  his OBJECTION  to  Amendment  2.                                                                    
There being  NO further  OBJECTION, Amendment 2  was ADOPTED                                                                    
as AMENDED.                                                                                                                     
                                                                                                                                
3:52:13 PM                                                                                                                    
                                                                                                                                
Representative  Wilson  MOVED  to  ADOPT  Amendment  3  [29-                                                                    
GH2613\W.2 (Shutts, 6/6/16):                                                                                                    
                                                                                                                                
     Page 8, line 16:                                                                                                           
     Delete "(1)"                                                                                                               
                                                                                                                                
     Page 8, lines 18 - 21:                                                                                                     
     Delete "; and                                                                                                              
                                                                                                                                
     (2)  after  the  date   of  the  authority's  financing                                                                    
     commitment, the participants will  not take, apply for,                                                                    
     or accept a tax credit  for expenditures on the oil and                                                                    
     gas  field   under  AS  43.20.043,  AS   43.55.023,  or                                                                    
     43.55.025"                                                                                                                 
                                                                                                                                
Co-Chair Thompson OBJECTED for discussion.                                                                                      
                                                                                                                                
Representative Wilson explained that  Amendment 3 would take                                                                    
out tax credits from being  part of the bill. She understood                                                                    
that AIDEA was already making  loans. She was concerned that                                                                    
since the  state was  currently in a  position of  not being                                                                    
able to  pay tax credits  as soon as it  was able to  in the                                                                    
past, she did not want  anyone to think that AIDEA's lending                                                                    
would be  in exchange  for paying what  the state  owed. She                                                                    
wanted to  make sure  that the companies  would not  have to                                                                    
give up what they had earned.                                                                                                   
                                                                                                                                
Co-Chair  Thompson used  a loan  on  a warehouse  on an  oil                                                                    
field as  an example. He  thought the amendment  would allow                                                                    
companies  to  not only  borrow  funds  from AIDEA  for  the                                                                    
warehouse, but it  would also enable companies to  get a tax                                                                    
credit  on  the  spending.  He wondered  if  it  was  double                                                                    
dipping.                                                                                                                        
                                                                                                                                
Mr.  Therriault answered  that Amendment  1  did shrink  the                                                                    
prohibition (that  Amendment 3  would remove  completely) so                                                                    
that  a company  would  not be  able to  apply  for the  tax                                                                    
credit just  on the  infrastructure that AIDEA  loaned money                                                                    
on. If Amendment 3 passed, a  company would be able to apply                                                                    
in the  future for  tax credits. If  a company  had borrowed                                                                    
money from AIDEA and built  surface infrastructure, it would                                                                    
also be able to apply for a credit on the loaned amount.                                                                        
                                                                                                                                
Vice-Chair   Saddler  asked   for  clarification   that  the                                                                    
amendment would  not relieve the  person investing  from the                                                                    
necessity of  repaying a loan  to AIDEA; so the  state would                                                                    
still be  made whole (plus  interest) if  it gave a  loan to                                                                    
build a warehouse,  and the tax credit would  be in addition                                                                    
to that.                                                                                                                        
                                                                                                                                
Representative   Wilson   answered   in   the   affirmative.                                                                    
Currently  if a  company  went to  a bank,  it  was able  to                                                                    
utilize the tax  credits and take them as a  down payment to                                                                    
lower the amount  of the loan. Her concern was  that she did                                                                    
not  want it  to  appear that  the state  was  looking at  a                                                                    
different way to offer tax credits.                                                                                             
                                                                                                                                
3:55:46 PM                                                                                                                    
                                                                                                                                
Vice-Chair Saddler  surmised that  without the  amendment it                                                                    
would  make it  less  likely  that a  company  would make  a                                                                    
capital investment  to help its  business operate.  With the                                                                    
amendment, it would  allow a company to  make an investment,                                                                    
get  the credit,  and then  allow the  state to  get repaid.                                                                    
Additionally,  there would  be  more  investment to  produce                                                                    
more oil. He expressed support for Amendment 3.                                                                                 
                                                                                                                                
Co-Chair Neuman did  not see the amendment in  the same way.                                                                    
He discussed the  idea that a company could get  a loan from                                                                    
AIDEA,  start a  project,  apply and  get  credits from  the                                                                    
state, and then use the credits to pay the loan.                                                                                
                                                                                                                                
Representative  Wilson  answered  in  the  affirmative,  and                                                                    
stated  that  under  the proposed  amendment,  the  practice                                                                    
would  constitute the  same process  as if  the company  was                                                                    
using a regular bank.                                                                                                           
                                                                                                                                
Co-Chair  Neuman believed  the amendment  constituted double                                                                    
dipping. He  thought the amendment  was in  contradiction to                                                                    
Amendment 1, which the committee  had passed. He pointed out                                                                    
that AIDEA  had different  investment strategies  than banks                                                                    
did,  and  more opportunities  to  offer  companies. He  was                                                                    
concerned the state would be  paying its own loans back with                                                                    
the state's  own credits. He  was not  sure that it  was the                                                                    
intent of the bill.                                                                                                             
                                                                                                                                
Co-Chair Thompson spoke to his  concern about the amendment.                                                                    
He asked if a company borrowed  $30 million to do a specific                                                                    
item on its project, and  once the project was completed, in                                                                    
the  credit  against the  $30  million  in expenditures  and                                                                    
received credits from the state.  He wondered if the company                                                                    
would have extra cash and then not have to pay the loan.                                                                        
                                                                                                                                
Representative  Wilson answered  that  a  company could  pay                                                                    
part of the  loan back if it chose, or  reinvest and do more                                                                    
things in the fields it  was working in. She reiterated that                                                                    
the scenario was the same  practice companies were currently                                                                    
doing  with  banks, and  were  able  to utilize  the  credit                                                                    
certificates as a down payment.  The company would still owe                                                                    
interest and repay any remaining amount.                                                                                        
                                                                                                                                
Co-Chair Thompson  considered that the scenario  was similar                                                                    
to  how Bank  of America  and ING  Bank handled  business in                                                                    
Cook Inlet,  while charging 20  percent interest  because of                                                                    
lack  of surety  that the  state would  pay for  the credits                                                                    
owed. If the  amendment passed, AIDEA would  be operating as                                                                    
the banks  did and  the credits  could be  used to  pay back                                                                    
AIDEA. He wondered if he was accurate in his assessment.                                                                        
                                                                                                                                
Representative  Wilson answered  affirmatively, and  claimed                                                                    
that   without   the   credit  certificates,   the   banking                                                                    
institutions would  have been  charging closer  to 30  to 40                                                                    
percent  interest. If  companies were  able to  meet all  of                                                                    
AIDEA's requirements,  the transactions would occur  just as                                                                    
they did in private industry,  perhaps with a lower interest                                                                    
rate.                                                                                                                           
                                                                                                                                
4:00:29 PM                                                                                                                    
                                                                                                                                
Representative Gara  asked about "the  authorities financing                                                                    
commitment"  in the  amendment. He  wondered if  there would                                                                    
sometimes  be  direct  financing  that  counted  on  AIDEA's                                                                    
books.                                                                                                                          
                                                                                                                                
Mr. Therriault  responded that  AIDEA's commitment  was when                                                                    
the actual loan was put in place.                                                                                               
                                                                                                                                
Representative Gara  asked if the loans  would be obligating                                                                    
AIDEA's assets.                                                                                                                 
                                                                                                                                
Mr.  Therriault stated  that the  loans would  be obligating                                                                    
AIDEA either as a direct lender or a guarantor.                                                                                 
                                                                                                                                
4:01:47 PM                                                                                                                    
                                                                                                                                
Representative Gara commented that  AIDEA only had a certain                                                                    
amount of  loan capacity, and it  was part of what  was left                                                                    
of the economic  engine of the state. He  thought there were                                                                    
a  lot of  good projects  and  businesses in  the state  for                                                                    
AIDEA to help  with. He suggested that if  the state started                                                                    
placing  AIDEA  money  into  businesses  that  were  already                                                                    
receiving tax  credits, and  already benefitting  from state                                                                    
money,  it  would  result  in  less  money  going  to  other                                                                    
companies that  might do  well for the  economy and  did not                                                                    
receive  tax  credits.  He  thought the  bill  was  fine  as                                                                    
written.  He expressed  concerns  about  double dipping.  He                                                                    
wanted to  encourage other businesses. He  would be opposing                                                                    
the amendment.                                                                                                                  
                                                                                                                                
Representative  Guttenberg  discussed   the  amendment,  and                                                                    
suggested that companies could get  a loan and a tax credit,                                                                    
and make  a profit by selling  what they had built  with the                                                                    
loan.  He  agreed that  the  amendment  would enable  double                                                                    
dipping.                                                                                                                        
                                                                                                                                
Mr.   Therriault   thought   the  scenario   laid   out   by                                                                    
Representative  Guttenberg was  possible in  a market  where                                                                    
the value of the assets was rising.                                                                                             
                                                                                                                                
Co-Chair Thompson  asked if the  scenario was  any different                                                                    
than any other loan.                                                                                                            
                                                                                                                                
Mr. Therriault  answered that as  long as the loan  was paid                                                                    
back, the scenario was the same as other loans.                                                                                 
                                                                                                                                
Co-Chair  Thompson asked  how  to apply  the  scenario to  a                                                                    
project  under the  amendment. He  asked  if it  represented                                                                    
good policy.                                                                                                                    
                                                                                                                                
Mr. Parady answered  that the language of  the original bill                                                                    
was intended  to narrow  a company's  ability to  either use                                                                    
the loan mechanism  or apply for a tax credit.  The bill was                                                                    
designed  to   prevent  the  ability   to  do   both.  After                                                                    
deliberations  in  the  committee,   Amendment  1  had  been                                                                    
adopted and thereby restricted the  limitation to only those                                                                    
things that AIDEA financed. Thereby  a company would be free                                                                    
to pursue exploration tax credits  or other tax credits that                                                                    
were on  dollars outside of the  AIDEA financing commitment.                                                                    
There was nothing that precluded  a company from the oil and                                                                    
gas tax  credit application; it  was a choice of  whether to                                                                    
choose one  mechanism or another.  He commented that  it was                                                                    
merely timing  that raised the question  that Representative                                                                    
Wilson brought up about tax credits.                                                                                            
                                                                                                                                
4:06:16 PM                                                                                                                    
                                                                                                                                
Vice-Chair Saddler  believed the scenario envisioned  by the                                                                    
amendment would create new wealth.  He thought if a loan was                                                                    
made  to a  company, and  the company  was able  to sell  an                                                                    
asset that  it created with the  loan at a profit,  it would                                                                    
create new  wealth in  the state. He  mentioned the  Red Dog                                                                    
Mine project, and wondered if Red  Dog sold off a portion of                                                                    
all  its operations  at  a  profit to  a  company that  kept                                                                    
operating  in  Alaska,  would  it  be  contrary  to  AIDEA's                                                                    
mission or detrimental to Alaska's economy.                                                                                     
                                                                                                                                
Mr. Parady  answered in the  negative, as long as  the loans                                                                    
were repaid.                                                                                                                    
                                                                                                                                
Vice-Chair  Saddler  asked if  there  was  any provision  in                                                                    
AIDEA's loan agreements that blocked  the divestiture of any                                                                    
or  all of  the assets  obtained or  improved with  an AIDEA                                                                    
loan.                                                                                                                           
                                                                                                                                
Mr. Parady understood that  subject to the collateralization                                                                    
and  security of  the  loans, he  was not  aware  of such  a                                                                    
provision.                                                                                                                      
                                                                                                                                
Vice-Chair Saddler asked  if AIDEA was satisfied  as long as                                                                    
a company made  interest payments and met  the conditions of                                                                    
the loan.                                                                                                                       
                                                                                                                                
Mr. Parady answered in the affirmative.                                                                                         
                                                                                                                                
Representative Edgmon asked if the amendment was necessary.                                                                     
                                                                                                                                
Mr.  Therriault answered  that the  amendment constituted  a                                                                    
policy  call.  He furthered  that  AIDEA  would utilize  the                                                                    
proposed tool to its best  ability no matter what provisions                                                                    
were put into it.                                                                                                               
                                                                                                                                
Mr. Parady  answered that the  bill had been drafted  with a                                                                    
restriction so  that AIDEA would  not have to deal  with the                                                                    
two topics  interfering or interacting with  each other. His                                                                    
preference as a board member  would be some semblance of the                                                                    
language as  originally presented,  as amended  by Amendment                                                                    
1.                                                                                                                              
                                                                                                                                
Co-Chair Neuman  understood that the intent  of the original                                                                    
bill was to either get the  credits or to get loans, but not                                                                    
both.                                                                                                                           
                                                                                                                                
Representative  Wilson provided  wrap-up  on the  amendment.                                                                    
She described the scenario of  a small company utilizing tax                                                                    
credits  and   a  bank  loan.  She   discussed  the  state's                                                                    
difficulty  in paying  tax credits  in a  challenging fiscal                                                                    
climate.  She asserted  that Amendment  3  would not  change                                                                    
anything in the  private market. The reason  she brought the                                                                    
amendment forward was  that it appeared that  AIDEA would be                                                                    
able to  offer something  that would be  better than  on the                                                                    
open  market, because  the state  was no  longer necessarily                                                                    
able to  pay all  the tax credits  when they  were submitted                                                                    
and due. She thought it was  wrong that the state was unable                                                                    
to pay the  tax credits. She observed that  AIDEA was making                                                                    
loans  to entities  that  she assumed  could  still get  tax                                                                    
credits based on due diligence.                                                                                                 
                                                                                                                                
4:11:06 PM                                                                                                                    
                                                                                                                                
Co-Chair  Neuman  commented  that   the  amendment  did  not                                                                    
conform the intent of the original bill.                                                                                        
                                                                                                                                
Representative Wilson responded. She  thought it appeared as                                                                    
if the loan program was  offered as an alternative since the                                                                    
state was unable to pay for tax credits.                                                                                        
                                                                                                                                
Co-Chair Thompson MAINTAINED his OBJECTION.                                                                                     
                                                                                                                                
A roll call vote was taken  on the motion to ADOPT Amendment                                                                    
3.                                                                                                                              
                                                                                                                                
IN FAVOR: Saddler, Wilson                                                                                                       
OPPOSED:   Pruitt,  Edgmon,   Gara,  Guttenberg,   Kawasaki,                                                                    
Neuman, Thompson                                                                                                                
                                                                                                                                
Representative Gattis  and Representative Munoz  were absent                                                                    
from the vote.                                                                                                                  
                                                                                                                                
The MOTION FAILED (2/7).                                                                                                        
                                                                                                                                
Vice-Chair  Saddler  addressed  the  fiscal  note  from  the                                                                    
Department of Commerce, Community and Economic Development.                                                                     
                                                                                                                                
Representative Gara  asked for verification that  the fiscal                                                                    
note was zero.                                                                                                                  
                                                                                                                                
Co-Chair Thompson agreed.                                                                                                       
                                                                                                                                
Co-Chair  Neuman  MOVED  to  REPORT  CSHB  246(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSHB  246(FIN) was  REPORTED  out of  committee  with a  "do                                                                    
pass" recommendation  and with a  new zero fiscal  note from                                                                    
the   Department  of   Commerce,   Community  and   Economic                                                                    
Development.                                                                                                                    
                                                                                                                                
Co-Chair Thompson addressed the agenda for the following                                                                        
day. He recessed the meeting to a call of the chair [Note:                                                                      
the meeting never reconvened].                                                                                                  
                                                                                                                                
^RECESSED TO A CALL OF THE CHAIR                                                                                              
                                                                                                                                
4:15:59 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:16:06 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:16 p.m.                                                                                          

Document Name Date/Time Subjects
HB 246 Amendments 1-2.pdf HFIN 6/15/2016 3:00:00 PM
HB 246
HB 246 Amendment 3.pdf HFIN 6/15/2016 3:00:00 PM
HB 246
HB 246 Amendment NEW No 2.pdf HFIN 6/15/2016 3:00:00 PM
HB 246