Legislature(1997 - 1998)

02/12/1997 09:45 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                             MINUTES                                           
                    SENATE FINANCE COMMITTEE                                   
                        February 12, 1997                                      
                            9:45 A.M.                                          
  TAPES                                                                        
                                                                               
  SFC-97, # 34, Side 1 (000-590)                                               
                Side 2 (590-428)                                               
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Senator  Bert  Sharp,  Co-chair,  convened  the  meeting  at                 
  approximately 9:45 A.M.                                                      
                                                                               
  PRESENT                                                                      
                                                                               
  In  addition to  Co-chair Sharp,  Co-chair Pearce,  Senators                 
  Torgerson, Phillips and Adams were  present when the meeting                 
  was convened.   Senators Parnell and  Donley arrived as  the                 
  meeting was in progress.                                                     
                                                                               
  Also Attending:                                                              
  Gregory Hayes, Chief, Public Health Laboratories, Department                 
  of Health and  Social Services; Tom Lane,  Juneau Facilities                 
  Manager, DHSS;  Michael Propst, MD,  Medical Examiner, DHSS;                 
  Elmer  Lindstrom,   Special   Assistant,   Office   of   the                 
  Commissioner, DHSS;  Forrest Browne, Debt  Manager, Treasury                 
  Division, Department of Revenue; Tim Benintendi, Legislative                 
  Aide to Senator Kelly; and aides to committee members.                       
                                                                               
  SUMMARY INFORMATION                                                          
  SB 51     APPROVE CENTRALIZED PUBLIC HEALTH LAB                              
                                                                               
  Testimony  was  presented  by Gregory  Hayes  and  Tom Lane.                 
  Michael  Propst, Forrest  Browne, Tim  Benintendi  and Elmer                 
  Lindstrom  addressed  various questions  posed  by committee                 
  members.  SB 51 was held in committee.                                       
                                                                               
  SENATE BILL NO. 51                                                           
  "An Act giving notice  of and approving the entry  into, and                 
  the  issuance  of   certificates  of  participation  in,   a                 
  lease-purchase  agreement  for a  centralized  public health                 
  laboratory facility."                                                        
                                                                               
  GREGORY  HAYES,  Chief,  Public  Health Laboratories,  DHSS,                 
  testified before the committee.  He gave a brief description                 
  of  his  education  and  background  in  public  health  lab                 
  management,   then   began  his   presentation  for   a  new                 
  consolidated  public  health  laboratory  facility.     (The                 
  presentation closely tracked a handout before  the committee                 
  and on file.)   The facility  would be located in  Anchorage                 
  and would include the functions of the Juneau  and Anchorage                 
  labs as well  as the Medical Examiner's laboratory.   Design                 
                                                                               
                                                                               
  and construction costs would be  paid through debt financing                 
  through  the sale  of  certificates of  participation/lease-                 
  purchase financing.  The services of the state public health                 
  labs are unique.   They are  directed toward prevention  and                 
  control of disease  and therefore differ from  clinical labs                 
  directed  at  individual patient  care.    The focus  is  on                 
  communicable  disease  testing  and   advanced  testing  for                 
  infection  agents  not  routinely performed  in  the private                 
  sector.    Mr. Hayes  gave  examples  of how  the  labs have                 
  benefited  the public in recent  years by helping to quickly                 
  establish  the  cause of  epidemic  outbreaks in  the state.                 
  They also monitor  tuberculosis outbreaks  and are the  only                 
  laboratory  in the  state which performs  specialized rabies                 
  testing.    He  continued  by  describing their  mission  to                 
  provide  scientific and  technical  information for  disease                 
  prevention,  noting  they  are  the  state's first  line  of                 
  defense  in  recognizing  and   controlling  the  spread  of                 
  communicable   diseases.       Additional   functions    and                 
  responsibilities were listed.                                                
                                                                               
  Mr.  Hayes next addressed  the issue of  privatization.  All                 
  fifty  states  and  U.  S.  territories have  public  health                 
  laboratories, none of which have been privatized because the                 
  service  they  provide  is  inherently  public.   He  listed                 
  criteria commonly  used by state  governments in determining                 
  whether privatization  is appropriate, concluding  that none                 
  of  the  criteria  for privatization  fit  the  state public                 
  health laboratories.                                                         
                                                                               
  The presence of Senators Donley and Parnell was noted.                       
                                                                               
  Mr.  Hayes  told  the committee  why  a  new  laboratory was                 
  necessary.   Two facilities  are in  urgent need  of repair,                 
  having mechanical and structural inadequacies for conducting                 
  laboratory testing.   They are  on leased  space, have  poor                 
  layouts and space limitations for future growth.  The Juneau                 
  and  Anchorage  labs were  constructed  as office  space and                 
  currently  have  major health  and  safety concerns  such as                 
  inadequate ventilation  systems for working  with infectious                 
  organisms,  inadequate  electrical  wiring,  heating  system                 
  failures, flooding from burst  pipes.  Another reason for  a                 
  new lab would  be as  a permanent location  for the  Medical                 
  Examiner.  That office is temporarily occupying space at the                 
  Department of Public Safety's Crime Detection Laboratory and                 
  they  need the space  to develop a  DNA analysis laboratory.                 
  Money  could be saved by  not having to invest unrecoverable                 
  money to repair existing facilities  and by consolidating so                 
  that  staff  functions   are  not  duplicated   at  multiple                 
  locations.  Problems resolved by building a new lab  include                 
  fragmentation  of  services,  reduced  efficiency,  problems                 
  associated  with  leased  and temporary  space  that  is not                 
  designed  for   current  operations,  and  the   expense  of                 
  operating four separate laboratories.  Mr. Hayes  elaborated                 
  on the  inadequacies of  the four existing  labs located  in                 
                                                                               
                                                                               
  Fairbanks,  Anchorage  and  Juneau.     He  noted  that  the                 
  department has  a long  history of  analyzing the  needs and                 
  reviewing  the alternatives.   Fourteen  studies since  1985                 
  have looked at the  issue and support construction of  a new                 
  facility.                                                                    
                                                                               
                                                                               
  Mr. Hayes  addressed the fiscal  aspects.  During  the first                 
  year  of  occupation  the  new  lab  would  save  the  state                 
  approximately  $293,000  ($218,000  in  personnel and  lease                 
  costs from DHSS, $75,000 in lease  costs for DOA).  The cost                 
  of  the new facility  is estimated at  $18.4 million. Annual                 
  payments would be approximately $2.4  million for ten years,                 
  with a total  estimated debt of  $24.9 million.  Costs  from                 
  last year's proposal  have been  adjusted for inflation  and                 
  the  assumption of coroner  responsibilities by  the Medical                 
  Examiner's program.  He pointed out the importance  that the                 
  Medical Examiner's lab  be near the DPS Crime  Detection lab                 
  because of their close operations so alternatives for state-                 
  owned land are  being considered adjacent to  the crime lab.                 
  He referenced an overview photograph  of the site and  urged                 
  the committee's support for the project.                                     
                                                                               
  TOM LANE,  Juneau Facilities  Manager, Department  of Health                 
  and Social Services; spoke to a query by Senator Phillips as                 
  to whether a firm decision had been made regarding the site,                 
  which is currently the  DOT maintenance shop.  He  said they                 
  were working  with  DOTPF  and DMVA  and  they  were  fairly                 
  committed to provide a site at  that location.  He confirmed                 
  that the site is on state-owned land.                                        
                                                                               
  Senator  Adams stated  his  understanding that  centralizing                 
  meant to  bring all  four labs  into one  according to  last                 
  year's discussion.  He asked why  the Fairbanks lab was left                 
  out   and  inquired  about  the  cost   saving  if  it  were                 
  consolidated.    Mr.  Hayes  testified  that  the  bill  was                 
  modified in the Senate  last year to leave Fairbanks  out of                 
  the  project,  and they  reintroduced  the  same bill.    He                 
  indicated the current savings of  $293,000 would increase to                 
  approximately  $800,000  by  bringing   Fairbanks  into  the                 
  project.                                                                     
                                                                               
  Senator  Adams  asked what  cost analysis  had been  done on                 
  privatizing the labs.  Mr. Hayes said some studies have been                 
  done but there  were no functions  being done that would  be                 
  amenable to privatization, although they constantly look  at                 
  activities that can be performed  in the private sector, and                 
  privatize  those  that can,  such  as newborn  screening and                 
  blood lead screening.                                                        
                                                                               
  Senator Adams clarified that the language in the bill allows                 
  everything to be  centralized.  Fairbanks could  be included                 
  and  the state  would  save $800,000  versus $293,000.   Mr.                 
  Hayes  informed  the  committee that  there  was  not enough                 
                                                                               
                                                                               
  money, that  the project  had been  cut so  that instead  of                 
  their  original  request  for  a   centralized  lab  only  a                 
  consolidated lab could be built.                                             
                                                                               
  Co-chair  Pearce expressed  support for  a new  consolidated                 
  lab, but was concerned with high lease costs.  She asked the                 
  square footage of the new building.   Mr. Hayes replied that                 
  it  was approximately  23,000  square  feet,  including  the                 
  Medical Examiner's program  with coroner's  responsibilities                 
  which accounts for  a big  portion of the  space.   Co-chair                 
  Pearce compared that to current footage of combined existing                 
  facilities (5485  sq.  ft. in  Anchorage,  4460 sq.  ft.  in                 
  Juneau, approximately 2000  sq. ft.  for the leased  Medical                 
  Examiner space)  and pointed  out that  the  size was  being                 
  doubled.   Mr. Lane  explained that  the existing  space was                 
  inadequate and they needed more space to bring the lab up to                 
  a  higher standard.    They figured  on  a 70%  net-to-gross                 
  factor in  computing space  and that  the actual  comparison                 
  would be more  like 25% to 30%   It was noted  that training                 
  space was also being planned.                                                
                                                                               
  Co-chair  Pearce  next inquired  who  came up  with  the $18                 
  million figure and  how it  was decided how  much should  be                 
  paid per square foot.  Mr. Lane replied that  the figure was                 
  a compromise from last year's bill  with an inflation factor                 
  added  for this  year  and an  additional component  for the                 
  coroner functions being taken over  by the Medical Examiner.                 
  Through  a  study, cost  estimators  produced  the estimate,                 
  which includes  all equipment.   Co-chair  Pearce noted  the                 
  cost was about $800 per square foot.  She requested the cost                 
  estimate information.                                                        
                                                                               
  Senator Torgerson  inquired about  maintenance costs  of the                 
  new facility.   Mr. Lane responded  that costs included  are                 
  equivalent to the  level of existing facilities.   Long-term                 
  maintenance estimates over the life of the building were not                 
  made.  Senator  Torgerson stated a  need for a DOTPF  fiscal                 
  note regarding maintenance costs.                                            
                                                                               
  Senator Torgerson  next questioned the cost  savings related                 
  to the bond payments of $2.3  million and the correlation to                 
  current rental payments.   Mr. Lane explained  that the bond                 
  payments are higher under ten-year  financing but it matches                 
  the "Prudhoe  Bay curve"  relating to  timing of  financing.                 
  Senator Torgerson  requested a comparison of  lease payments                 
  on a thirty-year financing.                                                  
                                                                               
  Senator Phillips confirmed  the intent that  personnel would                 
  move from one  location to another under  the consolidation.                 
  He asked if there was a difference between the standards and                 
  the mission and which  drove which.  Mr. Hayes  informed the                 
  committee that the square footage  estimates were arrived at                 
  by the Anchorage architectural firm, Livingston Sloane.  Mr.                 
  Hayes  interjected  that  there are  national  architectural                 
                                                                               
                                                                               
  standards for laboratories.                                                  
                                                                               
  MICHAEL PROPST,  MD, Medical Examiner, Department  of Health                 
  and  Social Services,  further  explained that  the National                 
  Association of  Medical Examiners has minimal  standards for                 
  facilities that  they will  accredit.   It was  his goal  to                 
  obtain that accreditation and it was their standards that he                 
  gave  to  the  architectural firm  to  determine  the square                 
  footage  needs.    Responding to  another  query  by Senator                 
  Phillips, Mr.  Propst acknowledged  that his  office is  not                 
  currently  accredited.    He  had  not  sought accreditation                 
  because the space is only temporary.                                         
                                                                               
                                                                               
  TIM  BENINTENDI, Legislative Aide  to Senator Kelly, sponsor                 
  of SB 51,  addressed the committee regarding  state building                 
  codes  and federal OSHA  codes.   He noted  that one  of the                 
  existing facilities has had violations.                                      
                                                                               
  Senator Phillips wanted to know how the total square footage                 
  was arrived at.   Mr. Lane offered to produce  a preliminary                 
  list of the  types of spaces that  would be needed, some  of                 
  which were based  on national  standards.  Senator  Phillips                 
  recalled the Anchorage courthouse which  was a fine facility                 
  except that it didn't have  a lunchroom for the jurors.   He                 
  wanted to know  up front what  was being proposed before  he                 
  okayed it.  He expressed disbelief that DOTPF was willing to                 
  give  up  their site  for the  maintenance  shop.   Mr. Lane                 
  responded that they were willing based on finding equivalent                 
  space for equipment parking and a storage shed.                              
                                                                               
  In  response  to a  question  by  Co-chair Sharp,  Mr.  Lane                 
  explained  that  the original  bill  last year  had  a $19.2                 
  million request that  was downsized  to $16.4 million,  then                 
  adjusted upward this  year.   Co-chair Sharp questioned  why                 
  there was less  annual cost for  more investment cost.   Mr.                 
  Lane explained it was because  of ten-year financing instead                 
  of eight-year financing  proposed last year.   It has to  do                 
  with a change  in the perception  of the Prudhoe Bay  curve.                 
  The total financed cost is increased but the annual payments                 
  are lower.   Co-chair Sharp voiced concern  that there would                 
  be no savings with an increase  of $2.1 million per year  in                 
  operating costs from  the general  fund for ten  years.   He                 
  also  requested  that  the  committee  receive  a  breakdown                 
  comparing existing square footage with what will replace it.                 
                                                                               
  Co-chair  Sharp  referred  to  a  previous  statement  about                 
  studies that showed  there were no  functions that would  be                 
  amenable  to privatization.   He  asked if the  studies were                 
  based on economics or the delicateness  of the mission.  Mr.                 
  Lane responded that he would have  to investigate because it                 
  was before his time with the department.                                     
                                                                               
                                                                               
  Senator Adams asked what the  present construction costs per                 
  square  foot  were.    Mr.  Lane  answered  that  they  were                 
  approximately $500  per square  foot for  the building,  the                 
  additional costs include equipment and design fees.  Senator                 
  Adams asked how that compared with a leased Anchorage office                 
  building.  Mr. Lane responded  that an office building would                 
  be considerably cheaper.  Last year  they analyzed costs for                 
  comparable  facilities   and  found  they  were  within  the                 
  "ballpark."  Special  utilities, water lines, gas  lines and                 
  ventilation systems, cold  rooms and  warm rooms are  needed                 
  which make laboratories an expensive endeavor.                               
                                                                               
  Senator Parnell  asked if the difference of  $300 per square                 
  foot was for  the special  features the lab  requires.   Mr.                 
  Hayes replied  that it  includes design, equipment,  project                 
  management.  New  equipment would be  a big portion of  that                 
  amount.  Senator Parnell asked if current equipment would be                 
  used.  Mr. Hayes said it would be used as much  as possible,                 
  but  there  would be  some  equipment  built  into  the  new                 
  facility.  There  was additional discussion about  the value                 
  attributed  to the building.   Mr. Lane  said their original                 
  financial analysis done  in 1994 was a  consortium involving                 
  Livingston Sloane of  Anchorage and  Coopers Lybrand of  New                 
  York.  Senator Parnell asked for a copy of the report.                       
                                                                               
  End SFC-97 #34, Side 1 (000-590)                                             
  Begin SFC-97 #34, Side 2 (590)                                               
                                                                               
  Mr. Lane continued by describing the three options that were                 
  looked at:  the status  quo, the  consolidated option  being                 
  proposed now, and  the fully centralized  option.  He  noted                 
  the numbers have  changed considerably and the  analysis did                 
  not include the Medical Examiner's lab.                                      
                                                                               
  Senator Torgerson inquired if part  of the consideration for                 
  the  new  facility   had  anything  to  do   with  capturing                 
  additional federal funds,  making themselves more  efficient                 
  so that  they could bill  the private sector,  or increasing                 
  any other receipts they might get for their operations.  Mr.                 
  Hayes responded  that they  get very  little federal  funds,                 
  some for the TB and STD  programs, but none for construction                 
  purposes.                                                                    
                                                                               
  Senator  Donley  asked if  there  were any  local government                 
  health labs in the state.  Mr. Hayes replied that there were                 
  some laboratory activities at the Municipality of  Anchorage                 
  and they work closely with them, but they don't do much  lab                 
  work.                                                                        
                                                                               
  Co-chair Sharp brought attention to a fiscal note that shows                 
  a flat projection of the lease costs and  asked if there was                 
  no anticipation of CPI  adjustments to the lease costs.   He                 
  noted  they adjusted for CPI  on the savings  but not on the                 
  expenses.  He then asked if no services would be required in                 
                                                                               
                                                                               
  the ten year lease period.                                                   
                                                                               
  FORREST BROWNE, Debt  Manager, Treasury Division, Department                 
  of  Revenue,  addressed the  committee  on this  issue.   He                 
  stated that the department was looking  at it as a financing                 
  lease  rather than  an  operating lease.    The state  would                 
  borrow the money  for construction  and the  lease would  be                 
  subject  to  annual  appropriations.     The  financing   is                 
  structured as a lease, but in reality it is a form  of state                 
  debt.  They  felt they would  get a fixed-rate interest  for                 
  the  ten year  term and  used current  rates in  one of  the                 
  schedules.  In another, he  added 75 basis points,  figuring                 
  that interest rates could fluctuate  within the year, before                 
  funding is approved.                                                         
                                                                               
  Co-chair Sharp asked who  would own the building  during the                 
  ten year lease period.  Mr.  Browne explained that a trustee                 
  would own the  facility and hold  it as a security  interest                 
  for the bondholders.  The  trustee distributes the principal                 
  and interest payments to them.   The state assumes ownership                 
  of  the  building  at   the  end  of  ten  years,   free  of                 
  obligations.  Because it  is a financing lease, it  does not                 
  have any  cost of living  adjustments, it is  fixed-rate for                 
  the  term  negotiated.   Co-chair  Sharp had  concerns about                 
  maintenance and operation costs for the first ten years.                     
                                                                               
  Senator Torgerson asked  how many  other state projects  are                 
  funded this way.  Mr. Browne replied there were a half-dozen                 
  including a couple courthouse facilities.                                    
                                                                               
  Co-chair Sharp asked if the leases on the existing labs were                 
  amenable to termination synchronistic  with a new lab.   Mr.                 
  Lane answered that the leases were year by year, and one was                 
  on a monthly  basis.  Co-chair  Sharp asked if this  project                 
  was included in the governor's capital budget.                               
                                                                               
  ELMER   LINDSTROM,   Special   Assistant,   Office  of   the                 
  Commissioner, Department  of  Health  and  Social  Services,                 
  explained to the committee that  no FY98 capital funds  were                 
  contemplated at this point.  There  would be no repayment on                 
  the  bonds  until  FY99.    The  legislation  would  be  the                 
  authorization that allowed  issuance of the debt.   In FY99,                 
  it would appear in the front section of the operating budget                 
  along with other projects in debt service.                                   
                                                                               
  Co-chair  Sharp reiterated his opinion  that this would be a                 
  major capital item that obligates the state for $24 million.                 
  Mr. Lindstrom added that the project is  contemplated in the                 
  governor's six-year capital plan which  is essential for the                 
  debt financing.                                                              
                                                                               
  Senator Adams inquired  if consideration  had been given  to                 
  the Bank of  America building  the state is  looking at  for                 
  lease purchase.   He  said it could  be a "one-stop  shop."                  
                                                                               
                                                                               
  Mr.  Lane responded  that they  are trying  to  avoid office                 
  buildings in  general because  that is  part of  the problem                 
  they are dealing  with currently.  He added  that one of the                 
  reasons they  were able  to  go along  with maintaining  the                 
  Fairbanks laboratory was because that  building was built as                 
  a laboratory.                                                                
                                                                               
  Senator Phillips asked what fees were charged to use the lab                 
  facilities.   Mr. Hayes  responded that they  have fees  for                 
  services which are  somewhat less  than medicaid rate,  plus                 
  there are various exemptions.                                                
                                                                               
  Senator Parnell asked  what other  states have built  public                 
  health labs in the last ten years.  Mr. Hayes listed Hawaii,                 
  Tennessee, Georgia, Indiana, Texas and Florida.                              
                                                                               
  Co-chair  Sharp  announced  that he  wanted  to  examine the                 
  legislation to see how it fits  in with the five-year fiscal                 
  plan.  He brought  up a proposed amendment that  would bring                 
  the annual charges in sync with the total estimated cost and                 
  asked if  it was  a proposal suggested  by the agency.   Mr.                 
  Browne explained that if interest rates remain the same  one                 
  year from now, they could stay within the limits established                 
  in the proposed bill.  Their  concern is with the volatility                 
  of interest rates over the past twelve months that have seen                 
  changes of about  75 basis  points.  It  was his  suggestion                 
  that the committee  consider setting a maximum limit  on the                 
  construction and financing amount but allow some flexibility                 
  if interest rates go up in the next year, otherwise it would                 
  not allow them  to go forward  because the payment would  be                 
  higher than what is proposed.                                                
                                                                               
  Co-chair Sharp called for  additional questions or comments.                 
  There being none, he adjourned the meeting.   SB 51 was HELD                 
  in committee.                                                                
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting was adjourned at approximately 10:47 A.M.                        

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