Legislature(1999 - 2000)

04/19/2000 09:05 AM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE RULES STANDING COMMITTEE                                                                                       
                   April 19, 2000                                                                                               
                     9:05 a.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative John Cowdery, Chairman                                                                                           
Representative Brian Porter                                                                                                     
Representative Joe Green                                                                                                        
Representative Gail Phillips                                                                                                    
Representative Pete Kott                                                                                                        
Representative Ethan Berkowitz                                                                                                  
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 445                                                                                                              
"An Act relating to a rural school construction and planned                                                                     
maintenance pilot program; and providing for an effective date."                                                                
                                                                                                                                
     - MOVED CSHB 445(RLS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 362                                                                                                              
"An Act authorizing the exchange of land between the Alaska                                                                     
Railroad Corporation and Eklutna, Inc., between the Alaska Railroad                                                             
Corporation and the United States Department of the Army and the                                                                
United States Department of the Air Force, between the Alaska                                                                   
Railroad Corporation and Chugach Alaska Corporation, and between                                                                
the Alaska Railroad Corporation and the Municipality of Anchorage;                                                              
and providing for an effective date."                                                                                           
                                                                                                                                
          - SCHEDULED BUT NOT HEARD                                                                                             
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 445                                                                                                                    
SHORT TITLE: RURAL SCHOOL CONSTRUCTION PROGRAM                                                                                  
SPONSOR(S): FINANCE                                                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/07/00      2920     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 4/07/00      2920     (H)  FIN                                                                                                 
 4/11/00               (H)  FIN AT  3:00 PM HOUSE FINANCE 519                                                                   
 4/11/00               (H)  Heard & Held                                                                                        
 4/11/00               (H)  MINUTE(FIN)                                                                                         
 4/12/00               (H)  FIN AT  1:30 PM HOUSE FINANCE 519                                                                   
 4/12/00               (H)  Moved CSHB 445(FIN) Out of Committee                                                                
 4/12/00               (H)  MINUTE(FIN)                                                                                         
 4/13/00      3109     (H)  FIN RPT CS(FIN) 5DP 5NR                                                                             
 4/13/00      3109     (H)  DP: MULDER, AUSTERMAN, DAVIS,                                                                       
                            WILLIAMS,                                                                                           
 4/13/00      3109     (H)  PHILLIPS; NR: BUNDE, DAVIES,                                                                        
 4/13/00      3109     (H)  GRUSSENDORF, MOSES, FOSTER                                                                          
 4/13/00      3109     (H)  ZERO FISCAL NOTE (H.FIN/DOE)                                                                        
 4/15/00      3186     (H)  RLS TO CALENDAR  04/15/00                                                                           
 4/15/00      3186     (H)  MOVED TO BOTTOM OF CALENDAR                                                                         
 4/15/00      3205     (H)  READ THE SECOND TIME                                                                                
 4/15/00      3205     (H)  RETURN TO RLS  COMMITTEE                                                                            
 4/17/00               (H)  RLS AT  4:00 PM CAPITOL 120                                                                         
 4/17/00               (H)  -- Meeting Postponed to 4/18 --                                                                     
 4/18/00               (H)  RLS AT  4:00 PM CAPITOL 120                                                                         
 4/18/00               (H)  <Bill Postponed to 4/19 8:00 am>                                                                    
 4/19/00               (H)  RLS AT  9:00 AM BUTROVICH 205                                                                       
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
DALE ANDERSON, Staff                                                                                                            
     to Representative Mulder                                                                                                   
Alaska State Legislature                                                                                                        
Capitol Building, Room 507                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Discussed the changes encompassed in version                                                               
I of HB 445.                                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-6, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN JOHN COWDERY called the House Rules Standing Committee                                                                 
meeting to order at 9:05 a.m.  Members present at the call to order                                                             
were Representatives Cowdery, Porter, Green, Berkowitz and Joule.                                                               
Representatives Phillips and Kott arrived as the meeting was in                                                                 
progress.                                                                                                                       
                                                                                                                                
HB 445-RURAL SCHOOL CONSTRUCTION PROGRAM                                                                                        
                                                                                                                                
CHAIRMAN COWDERY announced that the first order of business would                                                               
be HOUSE BILL NO. 445, "An Act relating to a rural school                                                                       
construction and planned maintenance pilot program; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
Number 0079                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN moved that the committee adopt the proposed                                                                
committee substitute (CS) labeled LS1596\I, Chenoweth/Ford,                                                                     
4/18/00.  There being no objection, it was so ordered.                                                                          
                                                                                                                                
DALE ANDERSON, Staff to Representative Mulder, Alaska State                                                                     
Legislature, explained that [the rural school construction and                                                                  
planned maintenance] pilot project was designed "to create                                                                      
efficiency in design, firm price proposals and prompt, timely                                                                   
completion of school [construction] projects in rural Alaska."                                                                  
There was a [problem], which led to the bill being withdrawn from                                                               
the House floor in order to have a meeting in Anchorage.  The                                                                   
changes encompassed in the CS, version I, is the result of that                                                                 
meeting.  He noted that there were 12 members of the professional                                                               
design folks, engineers and contractors who developed and signed                                                                
off on the language in the CS.  He offered to answer any questions.                                                             
                                                                                                                                
Number 0242                                                                                                                     
                                                                                                                                
MR. ANDERSON, upon the request of Representative Phillips, pointed                                                              
out that the changes are encompassed on page 2.  He explained that                                                              
originally there was a list of criteria that the Department of                                                                  
Education (DOE) would use in its request for proposals (RFP).  He                                                               
believed that there was a misunderstanding in that [DOE] thought                                                                
that "they" were trying to hire contractors and hire a maintenance                                                              
program, the designers and the engineers.  That was not the case.                                                               
The purpose of the bill was to hire a developer who would take a                                                                
project from start to finish in a coordinated fashion.  Lack of                                                                 
coordination in the past resulted in losses in scheduling and cost                                                              
overruns.                                                                                                                       
                                                                                                                                
REPRESENTATIVE PHILLIPS remarked that one of the largest                                                                        
controversies is located on page 2, line 8, which originally                                                                    
referred to a private sector developer.  That was amended to refer                                                              
to private sector developers in the House Finance Committee.  The                                                               
current version, version I, now refers to private sector entity or                                                              
entities, which is due to an agreement reached by all the groups.                                                               
                                                                                                                                
REPRESENTATIVE GREEN directed the committee's attention to page 2,                                                              
lines 11 and 17, which refer to "proposals" in the plural form.  He                                                             
asked if that would indicate that this will be competitive and not                                                              
a single entity.                                                                                                                
                                                                                                                                
MR. ANDERSON informed the committee that the original legislation                                                               
was written in the singular form as the drafter said their writing                                                              
style is in the singular, which includes the plural.  Therefore,                                                                
version H added the plural language in order to provide                                                                         
clarification and allay any fears that this is a sole source [bid].                                                             
Mr. Anderson pointed out that language on page 2, lines 11-13, has                                                              
be added in order to allow one to bid on one or up to two-thirds of                                                             
the building projects.  Therefore, one person would not end up with                                                             
all of [the projects].                                                                                                          
                                                                                                                                
Number 0482                                                                                                                     
                                                                                                                                
MR. ANDERSON turned to the qualifications.  He noted that it was                                                                
thought that the original bill included broad language, however                                                                 
there was some discussion [regarding the qualification language].                                                               
Mr. Anderson said that there doesn't seem to be a lot of difference                                                             
[between the two versions], it seems to be semantics.  The                                                                      
qualifications listed on page 2, lines 19-24, in version I are fine                                                             
and can still achieve some savings by utilizing this coordinated                                                                
approach.                                                                                                                       
                                                                                                                                
REPRESENTATIVE BERKOWITZ referred to page 2, subsection (d) and                                                                 
commented that there is no explicit discussion of monetary                                                                      
competition in monetary terms nor is there any liquidated damages                                                               
provision.  He asked if there is a reason why those should not be                                                               
included in the selection criteria.                                                                                             
                                                                                                                                
MR. ANDERSON responded that he didn't have an answer.                                                                           
                                                                                                                                
CHAIRMAN COWDERY indicated that [language referring to the                                                                      
liquidated damages] would be more appropriate in the contract                                                                   
itself.                                                                                                                         
                                                                                                                                
MR. ANDERSON answered that he believes that would be included in                                                                
the RFP.                                                                                                                        
                                                                                                                                
REPRESENTATIVE PHILLIPS indicated agreement that it should be                                                                   
included in the RFP.                                                                                                            
                                                                                                                                
Number 0587                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE inquired as to why one of the components that                                                              
must be addressed by a RFP includes financial management.                                                                       
                                                                                                                                
MR. ANDERSON stated that financial management is important in order                                                             
to manage cash flow during the process of the construction project.                                                             
If "we" are going to bond for these, it is important to have the                                                                
financial management ability to schedule having the funds available                                                             
when needed.  Mr. Anderson felt that this is a worthwhile                                                                       
qualification, which also relates to the operation being bondable.                                                              
                                                                                                                                
REPRESENTATIVE BERKOWITZ referred to page 2, line 9, which refers                                                               
to a private sector entity or entities.  He noted that most of the                                                              
discussion that he has had in regard to privatization has allowed                                                               
for the possibility of public sector competition or participation                                                               
as well.  Representative Berkowitz expressed concern that limiting                                                              
the language to refer to the private sector may limit the ability                                                               
of the public sector's ability to be involved.                                                                                  
                                                                                                                                
REPRESENTATIVE PHILLIPS stated that she believes that is already                                                                
clarified in the statutes regarding Rural Education Attendance                                                                  
Areas (REAA).                                                                                                                   
                                                                                                                                
Number 0747                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE moved that the committee adopt the following                                                               
amendment:                                                                                                                      
                                                                                                                                
     Page 2, line 10, following "process.":                                                                                     
                                                                                                                                
          Insert "In developing the request for proposals, the                                                                  
     department shall consult with the governing body of each                                                                   
     regional education attendance area in which a rural                                                                        
     school affected by the request for proposals in located."                                                                  
                                                                                                                                
REPRESENTATIVE PHILLIPS commented that Representative Joule's                                                                   
amendment is in line with existing statute dealing with REAAs.                                                                  
                                                                                                                                
REPRESENTATIVE JOULE pointed out that although the entire bill is                                                               
dealing with REAAs, REAAs haven't been included at the table.  He                                                               
said, "This puts DOE right there."                                                                                              
                                                                                                                                
CHAIRMAN COWDERY asked if there was any objection to the amendment.                                                             
There being no objection, the amendment was adopted.                                                                            
                                                                                                                                
Number 0794                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOTT directed attention to the evaluation provision                                                              
on page 3.  He inquired as to whom the recommendations are made.                                                                
He also asked if there is a time line in which this should occur.                                                               
                                                                                                                                
MR. ANDERSON explained that the intent [of this provision] is that                                                              
this pilot program is strictly for the school construction projects                                                             
that are funded in the fiscal year 2001.  Therefore, there is an                                                                
automatic sunset on this pilot program.  The intent of this was                                                                 
that DOE would review this process and provide the legislature with                                                             
a report with regard to recommendations to make it a better                                                                     
program.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KOTT asked if there is the need to be specific on                                                                
that point because that provision doesn't specify that DOE has to                                                               
report to the legislature nor is a time line specified.                                                                         
                                                                                                                                
MR. ANDERSON said that if there is to be an amendment, he would                                                                 
suggest [that the report] be [provided] at the completion of                                                                    
construction.  He reminded the committee that the extended                                                                      
maintenance program following the turning over of the keys is                                                                   
important to the sponsor.                                                                                                       
                                                                                                                                
REPRESENTATIVE PHILLIPS suggested that [on page 3, line 7,                                                                      
following "recommendations"] the language "to the legislature"                                                                  
could be inserted in order to provide clarification.  However, she                                                              
pointed out that until this pilot program has been in place,                                                                    
"we're" not going to know what steps to take next.  Therefore, she                                                              
didn't think they should go into any further detail.                                                                            
                                                                                                                                
REPRESENTATIVE JOULE asked if it would be advantageous to have                                                                  
periodic reviews in order to track [the progress of the program].                                                               
                                                                                                                                
REPRESENTATIVE PHILLIPS pointed out that would revert back to the                                                               
maintenance plan on page 2 as the maintenance plan would extend                                                                 
for a period after the construction is completed.                                                                               
                                                                                                                                
REPRESENTATIVE JOULE interjected that an annual review would work.                                                              
                                                                                                                                
REPRESENTATIVE PHILLIPS suggested that on page 3, line 6, following                                                             
"make" insert "annual" and on line 7, following "recommendations"                                                               
insert the language "to the legislature".                                                                                       
                                                                                                                                
REPRESENTATIVE PHILLIPS specified that the department is going to                                                               
make [recommendations] to the legislature.                                                                                      
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked if this would preclude the                                                                       
department from making the determination that the program fails and                                                             
the department wants to end it.                                                                                                 
                                                                                                                                
REPRESENTATIVE PHILLIPS reiterated that the department would have                                                               
to come before the legislature on this.                                                                                         
                                                                                                                                
Number 1062                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ moved that the committee adopt the                                                                     
following:                                                                                                                      
                                                                                                                                
     Page 1, line 7,                                                                                                            
          Delete "and do not address"                                                                                           
          Insert "by addressing"                                                                                                
                                                                                                                                
There being no objection, the amendment was adopted.                                                                            
                                                                                                                                
Number 1094                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS moved to report CSHB 445 [LS1596\I,                                                                     
Chenoweth/Ford, 4/18/00] as amended out of committee with                                                                       
individual recommendations.  There being no objection, it was so                                                                
ordered and CSHB 445(RLS) was reported from the House Rules                                                                     
Standing Committee.                                                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
The House Rules Standing Committee meeting was recessed to the call                                                             
of the chair at 9:19 a.m.  [This meeting was not reconvened.]                                                                   

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