Legislature(2007 - 2008)SENATE FINANCE 532

03/27/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 13 RETIREMENT SYSTEM LIABILITY/BONDS/CORP. TELECONFERENCED
Moved SCS CSHB 13(FIN) Out of Committee
+ HB 315 EXTEND BIG GAME COMMERCIAL SERVICES BOARD TELECONFERENCED
Moved HB 315 Out of Committee
+ HB 233 UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 152 ESTABLISH RENEWABLE ENERGY FUND/ACCOUNT
Heard & Held
                  SENATE FINANCE COMMITTEE                                                                                      
                       March 27, 2008                                                                                           
                         9:10 a.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate  Finance Committee meeting                                                                   
to order at 9:10:41 AM.                                                                                                       
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Charlie Huggins, Vice-Chair                                                                                             
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
Senator Fred Dyson                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Sarah  Fisher-Goad,   Deputy  Director,  Operations,   Alaska                                                                   
Industrial  Development  and  Export  Authority  (AIDEA)  and                                                                   
Alaska  Energy  Authority  (AEA),   Department  of  Commerce,                                                                   
Community  and  Economic Development;  Peter  Crimp,  Program                                                                   
Manager, Alaska  Industrial Development and  Export Authority                                                                   
and  Alaska   Energy  Authority,   Department  of   Commerce,                                                                   
Community and  Economic Development;  Mike Notar,  IBEW Local                                                                   
1547,  Juneau;   John  Bitney,  Staff,  Representative   John                                                                   
Harris; Representative  Mike Hawker; Darwin  Peterson, Staff,                                                                   
Co-Chair   Stedman;  Brian   Andrews,  Deputy   Commissioner,                                                                   
Treasury Division,  Department of Revenue; Linda  Hay, Staff,                                                                   
LB&A Committee,  Representative Ralph Samuels;  Pat Davidson,                                                                   
Legislative Auditor, Legislative  Audit Division, Legislative                                                                   
Affairs  Agency; Paul  Johnson,  Chair,  Big Game  Commercial                                                                   
Services  Board;  Jennifer  Strickler,   Chief,  Professional                                                                   
Licensing,   Division   of   Corporations,    Business,   and                                                                   
Professional  Licensing,  Department of  Commerce,  Community                                                                   
and Economic Development                                                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Meera  Kohler,   President  CEO,   Alaska  Village   Electric                                                                   
Cooperative;  Debbie Schnebel,  Senior Vice President,  Scott                                                                   
Balice Strategies;  Tamara Cook, Director,  Legislative Legal                                                                   
Services,   Legislative  Affairs   Agency;  Robert   Fithian,                                                                   
Executive Director, Alaska Professional Hunters Association                                                                     
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSHB 152(FIN)                                                                                                                   
          "An  Act establishing  a  renewable energy  project                                                                   
          account and a renewable  energy fund and describing                                                                   
          their uses and purposes."                                                                                             
                                                                                                                                
          CSHB 152(RES)  was heard and HELD in  Committee for                                                                   
          further consideration.                                                                                                
                                                                                                                                
CSHB 13(FIN)                                                                                                                    
          "An   Act  relating   to  prepayments  of   accrued                                                                   
          actuarial  liabilities   of  government  retirement                                                                   
          systems;  relating  to  the Alaska  Municipal  Bond                                                                   
          Bank   Authority,   the  Alaska   Housing   Finance                                                                   
          Corporation,   and   the  state   bond   committee;                                                                   
          establishing  the  Alaska Pension  Obligation  Bond                                                                   
          Corporation;  permitting the Alaska  Municipal Bond                                                                   
          Bank Authority or a  subsidiary of the authority, a                                                                   
          subsidiary   of   the    Alaska   Housing   Finance                                                                   
          Corporation,  the  state  bond committee,  and  the                                                                   
          Alaska  Pension  Obligation   Bond  Corporation  to                                                                   
          assist state  and municipal governmental  employers                                                                   
          by  issuing  bonds,  notes,  commercial  paper,  or                                                                   
          other  obligations   to  enable   the  governmental                                                                   
          employers  to  prepay  all  or  a  portion  of  the                                                                   
          governmental  employers'  shares  of  the  unfunded                                                                   
          accrued   actuarial   liabilities   of   retirement                                                                   
          systems;  authorizing  a governmental  employer  to                                                                   
          issue  obligations to  prepay all  or a portion  of                                                                   
          the governmental employer's  shares of the unfunded                                                                   
          accrued   actuarial   liabilities   of   retirement                                                                   
          systems  and  to  enter   into  a  lease  or  other                                                                   
          contractual  agreement with  a trustee, the  Alaska                                                                   
          Municipal  Bond Bank Authority  or a subsidiary  of                                                                   
          the authority,  a subsidiary of the  Alaska Housing                                                                   
          Finance Corporation,  the state bond  committee, or                                                                   
          the Alaska  Pension Obligation Bond  Corporation in                                                                   
          connection  with the  issuance  of obligations  for                                                                   
          that  purpose, and relating  to those  obligations;                                                                   
          relating to  revision of the employer  contribution                                                                   
          rate  in  connection  with financed  prepayment  of                                                                   
          unfunded    accrued   actuarial   liabilities    of                                                                   
          government  retirement systems;  and providing  for                                                                   
          an effective date."                                                                                                   
                                                                                                                                
          SCS  CSHB 13(FIN)  was  REPORTED  out of  Committee                                                                   
          with  a "do  pass" recommendation  and  with a  new                                                                   
          indeterminate  fiscal  note  by the  Department  of                                                                   
          Revenue  and   a  new  zero  fiscal   note  by  the                                                                   
          Department of Administration.                                                                                         
                                                                                                                                
HB 315    "An Act extending the termination date of the Big                                                                     
          Game Commercial  Services Board; and  providing for                                                                   
          an effective date."                                                                                                   
                                                                                                                                
          HB  315 was REPORTED  out of  Committee with  a "do                                                                   
          pass"  recommendation and  with fiscal  note #3  by                                                                   
          Department  of  Commerce,  Community  and  Economic                                                                   
          Development.                                                                                                          
                                                                                                                                
CSHB 233(L&C)                                                                                                                   
          "An Act relating to giving notice of unclaimed net                                                                    
          margin distributions made by electric and                                                                             
          telephone cooperatives."                                                                                              
                                                                                                                                
          CSHB 233(L&C) was scheduled but not heard.                                                                            
                                                                                                                                
9:14:27 AM                                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 152(FIN)                                                                                                
                                                                                                                                
     "An Act establishing a renewable energy project account                                                                    
     and a renewable energy fund and describing their uses                                                                      
     and purposes."                                                                                                             
                                                                                                                                
SARAH  FISHER-GOAD,   DEPUTY  DIRECTOR,  OPERATIONS,   ALASKA                                                                   
INDUSTRIAL  DEVELOPMENT  AND  EXPORT  AUTHORITY  (AIDEA)  AND                                                                   
ALASKA  ENERGY  AUTHORITY  (AEA),   DEPARTMENT  OF  COMMERCE,                                                                   
COMMUNITY  AND   ECONOMIC  DEVELOPMENT,  reported   that  the                                                                   
Administration  does support the  establishment of  the fund;                                                                   
Governor   Palin   stated   support  for   a   $250   million                                                                   
appropriation.   Ms. Fisher-Goad  said that Steve  Haagenson,                                                                   
Executive Director of the Alaska  Energy Authority, is in the                                                                   
process  of working  on  developing  the state  energy  plan,                                                                   
which would emphasize regional planning for rural areas.                                                                        
                                                                                                                                
Ms.  Fisher-Goad  noted  that   several  recommendations  for                                                                   
changes from the Senate Resources  Committee's version of the                                                                   
bill  have  been  submitted.     She  reported  some  concern                                                                   
regarding  the appropriation  process  as  the projects  move                                                                   
forward.                                                                                                                        
                                                                                                                                
She referred  to a handout  in the members' packets  entitled                                                                   
"Alternative Energy RFP - Eligible  and Complete Applications                                                                   
Preconstruction."   She  reported that  AEA, with the  Denali                                                                   
Commission, solicited alternative  energy projects.  The list                                                                   
of the projects  is unranked.  There was $4  million from the                                                                   
Denali  Commission and  $1 million  in state  funds for  this                                                                   
RFP.  There are more projects  than funding available at this                                                                   
time.                                                                                                                           
                                                                                                                                
9:17:37 AM                                                                                                                    
                                                                                                                                
PETER CRIMP,  PROGRAM MANAGER, ALASKA INDUSTRIAL  DEVELOPMENT                                                                   
AND EXPORT AUTHORITY AND ALASKA  ENERGY AUTHORITY, DEPARTMENT                                                                   
OF  COMMERCE, COMMUNITY  AND ECONOMIC  DEVELOPMENT,  observed                                                                   
that  there  is  a  lot  of  demand  for  alternative  energy                                                                   
projects.                                                                                                                       
                                                                                                                                
Senator Huggins  thought it  was important  for the  state to                                                                   
have  goals regarding  alternative energy.   Ms.  Fisher-Goad                                                                   
commented  on projects that  address the  goals of  the state                                                                   
energy plan.                                                                                                                    
                                                                                                                                
Senator Thomas suggested that  there were already a number of                                                                   
projects in place  in the state, and he thought  there should                                                                   
be coordination between existing and new projects.                                                                              
                                                                                                                                
Ms.  Fisher-Goad thought  it  was an  excellent  point.   AEA                                                                   
provides  consultation  and  technical  assistance  regarding                                                                   
effective projects.                                                                                                             
                                                                                                                                
9:22:18 AM                                                                                                                    
                                                                                                                                
Senator Elton referred to Section  2, the responsibilities of                                                                   
the authority.   He concluded  that the only  involvement the                                                                   
legislature  has, according to  Section 2,  is to set  up the                                                                   
account.  He  opined that the legislature cedes  authority to                                                                   
make a loan or grant.  Ms. Fisher-Goad  reported that Section                                                                   
2 was  an amendment to the  AEA Existing Power  Project Fund.                                                                   
It emphasizes the grant portion  of the program.  The section                                                                   
that  deals  with  the  legislature's  role  is  on  page  4,                                                                   
paragraph  (i).   She  pointed  out  that  it where  it  says                                                                   
"fiscal year may be used for grants"  should say "fiscal year                                                                   
may be appropriated for grants."                                                                                                
                                                                                                                                
Co-Chair Stedman  asked why the  projects are not  ranked and                                                                   
do not  use annual appropriations.   Ms. Fisher-Goad  thought                                                                   
it was  a timing issue.   It depends  on how the  legislature                                                                   
wants the structure.                                                                                                            
                                                                                                                                
9:26:57 AM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman reported that  fuel costs are adjusted after                                                                   
the barge gets to Bethel and will  soon be $7 per gallon.  He                                                                   
thought the  passage of this  bill assumes that  it addresses                                                                   
the high  cost of  energy.   He thought  the state should  be                                                                   
looking at viable, renewable projects  that provide immediate                                                                   
effects.  He  referred to the list of $1.2  billion potential                                                                   
projects.  He thought there was  a need for a more aggressive                                                                   
approach in order to bring rural  costs down.  He requested a                                                                   
plan from ASA to address that issue.                                                                                            
                                                                                                                                
Ms. Fisher-Goad related  the number one concern,  the cost of                                                                   
energy  in  rural   communities.    She  reported   that  Mr.                                                                   
Haagenson was  in Bethel to meet  about with a  housing group                                                                   
in order to find rural solutions  to energy issues.  Co-Chair                                                                   
Hoffman asked  when a concrete plan  might be in place.   Ms.                                                                   
Fisher-Goad thought  by December 2008.  She termed  it a very                                                                   
aggressive approach.                                                                                                            
                                                                                                                                
9:31:45 AM                                                                                                                    
                                                                                                                                
Senator Dyson  identified with  Co-Chair Hoffman's  comments.                                                                   
He thought  that on  page 2,  line 20,  coal should  be added                                                                   
along with  natural gas.  He noted  that on page 3,  line 27,                                                                   
the list should also include clean coal.                                                                                        
                                                                                                                                
Ms.  Fisher-Goad responded  that it  is a  matter of  renewal                                                                   
energy vs. alternative  energy development and  what the fund                                                                   
should be  used for.  The focus  of the fund is  on renewable                                                                   
energy.   Senator  Dyson maintained  that if  natural gas  is                                                                   
considered, only  after the  renewables are considered,  coal                                                                   
should likewise  be considered.   Ms. Fisher-Goad  reiterated                                                                   
that the  fund is for renewable  sources.  She  questioned if                                                                   
natural  gas should  be in  the bill.   She said  AEA is  not                                                                   
taking a position on that.                                                                                                      
                                                                                                                                
9:35:42 AM                                                                                                                    
                                                                                                                                
Senator Dyson referred  to page 2.  He repeated  his argument                                                                   
that if clean coal is available,  it should be included.  Ms.                                                                   
Fisher-Goad  thought the  policymakers  should  look at  that                                                                   
issue.    The  bill emphasizes  a  clean  fuel,  a  renewable                                                                   
resource.                                                                                                                       
                                                                                                                                
Senator Dyson  asked about  page 4, line  15.  He  questioned                                                                   
why a  community the  size of Juneau  could not be  included.                                                                   
He wondered if  the Administration is in favor  of the 10,000                                                                   
population  cut  off.    Ms.   Fisher-Goad  said  Juneau  has                                                                   
renewable resources.   Senator  Dyson wondered if  any larger                                                                   
communities should be included.                                                                                                 
                                                                                                                                
Mr.  Crimp   addressed  the  coal  vs.   renewable  resources                                                                   
question.  He  related that there are many  ways, in addition                                                                   
to renewable  energy, to  get to the  goal of displacing  the                                                                   
use of  diesel fuel.   He  listed several  methods of  energy                                                                   
conservation.  The emphasis of  the bill is renewable energy.                                                                   
Senator Dyson  inferred that  the fund could  not be  used to                                                                   
develop  a non-renewable  energy like  fish waste or  logging                                                                   
slashings.                                                                                                                      
                                                                                                                                
9:40:57 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  related  that  on the  list  of  submitted                                                                   
projects there is  only one geothermal project.   He wondered                                                                   
why there seems  to be a lack  of interest in this  area.  He                                                                   
also  thought  communities that  could  not get  natural  gas                                                                   
should  be given priority.   Mr.  Crimp replied  that AEA  is                                                                   
reacting to the proposals that  have been submitted.  He said                                                                   
there  is another  group that  looks  at helping  communities                                                                   
develop projects and there should be more in the future.                                                                        
                                                                                                                                
Co-Chair Hoffman  reported that  Naknek Cooperative  has been                                                                   
trying to  drill for a geothermal  source.  He said  that AEA                                                                   
has not  been supportive of this  endeavor because of  a fear                                                                   
that no thermal energies would  be found.  He argued that the                                                                   
attempt should be  made.  He questioned AEA's  decision.  Mr.                                                                   
Crimp  replied that  AEA  has not  responded  to any  funding                                                                   
request  from  Naknek.   Co-Chair  Hoffman  argued  that  the                                                                   
process needs to go forward and should be supported by AEA.                                                                     
                                                                                                                                
9:46:03 AM                                                                                                                    
                                                                                                                                
Senator Elton summarized that  any waste from a resource that                                                                   
is managed on  a sustained yield basis would  be eligible for                                                                   
this  loan  fund.   Mr.  Crimp  said that  interpretation  is                                                                   
correct.   He listed the energy  sources that the  bill would                                                                   
address  such as  logging slash,  sawmill  waste, paper  from                                                                   
municipal waste, and other biomass  resources.  Senator Elton                                                                   
added fish oil to the list.                                                                                                     
                                                                                                                                
MIKE NOTAR, IBEW  LOCAL 1547, JUNEAU, spoke in  support of HB
152  because  it  helps  to address  lower  energy  costs  by                                                                   
utilizing    renewable    energy   sources    and    provides                                                                   
opportunities  for   training  and  work   opportunities  for                                                                   
Alaskan electrical workers.                                                                                                     
                                                                                                                                
9:48:57 AM                                                                                                                    
                                                                                                                                
MEERA  KOHLER,   PRESIDENT,  CEO,  ALASKA   VILLAGE  ELECTRIC                                                                   
COOPERATIVE, testified  in support of HB 152.   She discussed                                                                   
pioneer wind projects  and the difference they  are making in                                                                   
rural Alaska.   She explained  the potential for  wind energy                                                                   
in rural Alaska and the need for additional funds.                                                                              
                                                                                                                                
Co-Chair Hoffman said it seems  as though, with the continued                                                                   
escalation in  fuel costs,  there needs to  be a  more active                                                                   
role  in  trying  to  address  energy  problems.    The  wind                                                                   
projects   are   a  significant   advancement   in   reducing                                                                   
dependence on  fossil fuels, especially  in rural areas.   He                                                                   
wondered how  much the wind projects  cost.  Ms.  Kohler said                                                                   
about $3 million.  The $20 million  could be used to leverage                                                                   
other  federal  dollars.    She explained  that  there  is  a                                                                   
practical limit to  how many wind turbans can  be constructed                                                                   
each year.   She campaigned  for a reliable funding  program.                                                                   
Co-Chair  Hoffman said  that  the solution  will  have to  be                                                                   
stretched  out for  many years  at $20 million  funding.   He                                                                   
maintained that more effort and  funding must be provided now                                                                   
in order  to solve  high energy costs  problems.   He thought                                                                   
AEA and the Administration should take the lead.                                                                                
                                                                                                                                
JOHN BITNEY,  STAFF, REPRESENTATIVE JOHN HARRIS,  pointed out                                                                   
that  there could  be  some modifications  to  the bill  that                                                                   
would  address some  of the  questions posed  today, such  as                                                                   
clarifying that the  funds are subject to appropriation.   He                                                                   
addressed  Senator Dyson's  concerns about  the exclusion  of                                                                   
coal.  He said  he would check into expanding  the options to                                                                   
include coal.  The intent of the  bill is not to try to limit                                                                   
access to energy, but to try to expand it.                                                                                      
                                                                                                                                
9:56:16 AM                                                                                                                    
                                                                                                                                
Senator Dyson suggested  other types of fuel  that should not                                                                   
be  excluded: logging  slashing,  fish oil,  fish waste,  and                                                                   
farm waste.                                                                                                                     
                                                                                                                                
Senator Thomas asked  if the sponsor would be  moving forward                                                                   
quickly on this  legislation.  Mr. Bitney commented  that the                                                                   
bill should  be viewed  as long  term.   He spoke  positively                                                                   
about  trying  to  address  energy cost  needs  in  a  timely                                                                   
manner.                                                                                                                         
                                                                                                                                
Senator  Elton  voiced  concern  about  the  Administration's                                                                   
reimbursable   services  agreement   for  funding   of  AEA's                                                                   
executive  director's  salary,  since the  Governor  appoints                                                                   
every  member of the  authority.   He worried  that it  would                                                                   
become  a  political  actor's  fund.   Mr.  Bitney  said  the                                                                   
sponsor  was   trying  to  identify  a  process   of  getting                                                                   
previously  evaluated  projects   to  the  legislature.    He                                                                   
assured  that  the  legislature  would  be  included  in  the                                                                   
appropriation process.                                                                                                          
                                                                                                                                
Senator  Huggins noted  that the  Railbelt Energy  Fund is  a                                                                   
political animal.   He wanted assurance that  this bill would                                                                   
not become the  same.  Mr. Bitney thought there  were several                                                                   
ways to address energy needs in  Alaska.  He pointed out that                                                                   
this  bill  deals with  smaller  renewable  energy  projects,                                                                   
unlike  the  Railbelt  Fund,  which  is  at  a  larger,  more                                                                   
expensive level.                                                                                                                
                                                                                                                                
Senator  Huggins compared  this fund to  the Railbelt  Energy                                                                   
Fund  and the  potential  for  abuse.   He  wished  to see  a                                                                   
viable,  functional,  long-term,  time-tested  approach  that                                                                   
will  not fall  victim to  "how  we see  the Railbelt  Energy                                                                   
Fund".                                                                                                                          
                                                                                                                                
10:03:36 AM                                                                                                                   
                                                                                                                                
Senator Olson  asked Ms. Kohler  about the expense  of energy                                                                   
in  rural  Alaska  and  how  to  facilitate  the  cooperation                                                                   
between the renewable energy fund,  AEA, and power producers.                                                                   
Ms.  Kohler responded  that that  could  be achieved  through                                                                   
this   legislation   with  the   impartial   advisory   board                                                                   
mechanism.  She  thought that was the difference  between the                                                                   
Railbelt Energy Fund and this  fund.  Senator Olson commented                                                                   
on the  frustrations in Naknek  possibly being  alleviated by                                                                   
such a process.                                                                                                                 
                                                                                                                                
AT-EASE:       10:05:56 AM                                                                                                    
                                                                                                                                
RECONVENED:    10:12:29 AM                                                                                                    
                                                                                                                                
HB  152  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
AT-EASE:       10:13:24 AM                                                                                                    
                                                                                                                                
RECONVENE:     10:13:54 AM                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 13(FIN)                                                                                                 
                                                                                                                                
     "An  Act relating  to prepayments  of accrued  actuarial                                                                   
     liabilities of  government retirement  systems; relating                                                                   
     to the Alaska Municipal Bond  Bank Authority, the Alaska                                                                   
     Housing   Finance  Corporation,   and  the  state   bond                                                                   
     committee;  establishing the  Alaska Pension  Obligation                                                                   
     Bond Corporation;  permitting the Alaska  Municipal Bond                                                                   
     Bank  Authority  or a  subsidiary  of the  authority,  a                                                                   
     subsidiary  of the Alaska  Housing Finance  Corporation,                                                                   
     the  state  bond  committee,   and  the  Alaska  Pension                                                                   
     Obligation   Bond  Corporation   to  assist  state   and                                                                   
     municipal  governmental   employers  by  issuing  bonds,                                                                   
     notes, commercial paper,  or other obligations to enable                                                                   
     the governmental  employers to  prepay all or  a portion                                                                   
     of the  governmental employers'  shares of the  unfunded                                                                   
     accrued  actuarial  liabilities of  retirement  systems;                                                                   
     authorizing    a   governmental   employer    to   issue                                                                   
     obligations   to  prepay  all   or  a  portion   of  the                                                                   
     governmental employer's  shares of the  unfunded accrued                                                                   
     actuarial  liabilities  of  retirement  systems  and  to                                                                   
     enter into  a lease or other contractual  agreement with                                                                   
     a trustee,  the Alaska Municipal Bond Bank  Authority or                                                                   
     a  subsidiary  of the  authority,  a subsidiary  of  the                                                                   
     Alaska  Housing  Finance  Corporation,  the  state  bond                                                                   
     committee,  or   the  Alaska  Pension   Obligation  Bond                                                                   
     Corporation   in  connection   with   the  issuance   of                                                                   
     obligations  for  that purpose,  and  relating to  those                                                                   
     obligations;  relating  to   revision  of  the  employer                                                                   
     contribution   rate   in    connection   with   financed                                                                   
     prepayment of unfunded accrued  actuarial liabilities of                                                                   
     government  retirement  systems;  and providing  for  an                                                                   
     effective date."                                                                                                           
                                                                                                                                
REPRESENTATIVE  MIKE  HAWKER,  sponsor,  related that  HB  13                                                                   
would empower  the state  to issue  pension obligation  bonds                                                                   
(POB's) in  order to finance  part of the unfunded  liability                                                                   
of the  state's pension  systems.   Alaska faces billions  of                                                                   
dollars  in  unfunded  liability   and  has  contractual  and                                                                   
constitutional obligations  to make up that  liability.  This                                                                   
bill allows the state to pursue  a proven financial technique                                                                   
and  approach the  international  capital  markets to  borrow                                                                   
money at  a lower cost to  pay off the pension  liability and                                                                   
save the state significant amounts of money.                                                                                    
                                                                                                                                
Co-Chair  Stedman asked  for clarification  of soft  and hard                                                                   
liabilities.    Representative   Hawker  explained  that  the                                                                   
obligation  to  the  pension  system  is  a  soft  liability,                                                                   
because it  does not have a  document behind it other  than a                                                                   
moral  and contractual  obligation to  the pension  fund.   A                                                                   
hard liability  is  when you go  to the  capital markets  and                                                                   
sign  a loan  document  with specific  repayment  terms.   He                                                                   
explained  that   this  bill   would  involve  a   hard  debt                                                                   
obligation  substituting for  a  soft debt  obligation.   The                                                                   
payment  of the  hard obligation  is subject  to a  recurring                                                                   
legislative appropriation.                                                                                                      
                                                                                                                                
10:17:40 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman MOVED to ADOPT Amendment 1:                                                                                    
                                                                                                                                
     Page 3, line 20, following ".":                                                                                            
     Insert "However,  a subsidiary  created for  the purpose                                                               
     of   financing   or  facilitating   the   financing   of                                                               
     prepayment  of   a  governmental  employer's   share  of                                                               
     unfunded  accrued  actuarial   liability  of  retirement                                                               
     systems  may only borrow  money and  issue bonds  if the                                                               
     state bond rating is AA- or better."                                                                                   
                                                                                                                                
     Page 5, line 26, following "37.15.955":                                                                                    
     Insert ",  but only if the  state bond rating is  AA- or                                                                   
     better"                                                                                                                    
                                                                                                                                
     Page 8, line 26, following "if":                                                                                           
     Insert "the state bond rating is AA- or better and if"                                                                     
                                                                                                                                
     Page 11, line 2, following "37.16.900":                                                                                    
     Insert ",  but only if the  state bond rating is  AA- or                                                                   
     better"                                                                                                                    
                                                                                                                                
     Page 15, line 14, following "if":                                                                                          
     Insert "the state bond rating is AA- or better and if"                                                                     
                                                                                                                                
     Page 19, line 12, following "AS 44.85.085":                                                                            
     Insert ",  but only if the  state bond rating is  AA- or                                                               
     better"                                                                                                                
                                                                                                                                
     Page 23, line 7, following "may":                                                                                          
     Insert ", if the state bond rating is AA- or better,"                                                                      
                                                                                                                                
     Page 23, line 27, following "appropriate":                                                                                 
     Insert ",  but only if the  state bond rating is  AA- or                                                                   
     better"                                                                                                                    
                                                                                                                                
     Page 25, line 1, following "reasonable":                                                                               
     Insert ";  however, to carry  out this paragraph,  bonds                                                               
     and other  obligations may only  be issued if  the state                                                               
     bond rating is AA- or better"                                                                                          
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
DARWIN   PETERSON,  STAFF,   CO-CHAIR   STEDMAN,  offered   a                                                                   
Conceptual   Amendment   to  Amendment   1,   on  behalf   of                                                                   
Representative  Hawker,  to add  "the equivalent  of"  before                                                                   
"AA-" throughout  the bill.  Co-Chair Stedman  explained that                                                                   
the AA-  rating is Standard and  Poor's and the intent  is to                                                                   
include equivalent  ratings from  other rating agencies  such                                                                   
Moody's.                                                                                                                        
                                                                                                                                
Mr.  Peterson  explained the  intent  of  Amendment  1 is  to                                                                   
prohibit the state  from issuing POB's if the  state's credit                                                                   
rating  is not the  equivalent  of AA- or  better.   Co-Chair                                                                   
Stedman pointed out that the state  is currently AA, although                                                                   
the bonds would be issued at AA-.   Mr. Peterson continued to                                                                   
explain that  the intent of  the amendment would  ensure that                                                                   
if  the  state's  credit rating  falls  below  an  acceptable                                                                   
level, the state would cease issuing  any new POB's until the                                                                   
debt is paid off or the credit rating improves.                                                                                 
                                                                                                                                
Representative Hawker testified  in support of the amendment.                                                                   
                                                                                                                                
BRIAN  ANDREWS,   DEPUTY  COMMISSIONER,  TREASURY   DIVISION,                                                                   
DEPARTMENT OF  REVENUE, reported  that the Department  has no                                                                   
problem with  the amendment.   He reported that the  state is                                                                   
now rated at AA+ by Standard and Poor.                                                                                          
                                                                                                                                
Senator Elton  asked for clarification about  the issuance of                                                                   
bonds.   Mr. Peterson  replied that the  state can  not issue                                                                   
bonds unless its  rating is AA- or better,  regardless of the                                                                   
individual  ratings of the  bonds.   Senator Elton  asked why                                                                   
that approach  was taken, rather than stipulating  the rating                                                                   
of  the POB's.   Mr.  Andrews  explained that  POB's carry  a                                                                   
credit  rating one  notch below  the  state's credit  rating.                                                                   
The amendment tightens up the bill.                                                                                             
                                                                                                                                
10:23:05 AM                                                                                                                   
                                                                                                                                
Senator  Elton shared  an approach which  would prohibit  the                                                                   
issuance of a low-rated bond.   Representative Hawker thought                                                                   
that was a viable  approach, but the amendment  would work as                                                                   
well.     Senator  Elton   said  he   was  just  asking   for                                                                   
clarification.   Representative Hawker thought  the amendment                                                                   
would be preferable because it  refers to the state's overall                                                                   
rating when a transaction is entered.                                                                                           
                                                                                                                                
Senator  Thomas  asked  if  a significant  event  such  as  a                                                                   
downward price  of oil  would have an  effect on  the state's                                                                   
credit  rating.   Mr. Andrews  explained  that credit  rating                                                                   
agencies look at several factors.                                                                                               
                                                                                                                                
Co-Chair Stedman WITHDREW his OBJECTION to Amendment 1.                                                                         
                                                                                                                                
Amendment 1, as amended, was ADOPTED.                                                                                           
                                                                                                                                
10:27:17 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman MOVED to ADOPT Amendment 2:                                                                                    
                                                                                                                                
     Page 3, line 19, following "may":                                                                                          
     Insert ", subject to AS 37.15.903,"                                                                                    
                                                                                                                                
     Page 6, line 2:                                                                                                            
     Delete "may not exceed $5,000,000,000"                                                                                     
     Insert "is limited as provided in AS 37.15.903"                                                                            
                                                                                                                                
     Page 6, following line 10:                                                                                                 
     Insert a new section to read:                                                                                              
     "Sec.  37.15.903.  Pension  obligation bond  limit.  The                                                                 
     total  unpaid  principal   amount  of  bonds,  including                                                                   
     refunding  bonds, but excluding  refunded bonds,  issued                                                                   
     by all state  entities added together, for  the purposes                                                                   
     of  financing  prepayment  of  all  or a  portion  of  a                                                                   
     governmental   employer's  share  of   unfunded  accrued                                                                   
     liability   of  retirement   systems,  may  not   exceed                                                                   
     $5,000,000,000."                                                                                                           
                                                                                                                                
     Page 11, line 9:                                                                                                           
     Delete "may not exceed $5,000,000,000"                                                                                     
     Insert "is limited as provided in AS 37.15.903"                                                                            
                                                                                                                                
     Page 19, line 12, following "AS 44.85.085":                                                                            
     Insert  "; this  assistance  is limited  as provided  in                                                               
     AS 37.15.903"                                                                                                          
                                                                                                                                
     Page 23, line 7, following "may":                                                                                          
     Insert ", subject to AS 37.15.903,"                                                                                        
                                                                                                                                
     Page 23, line 25, following "debt":                                                                                        
     Insert ", subject to AS 37.15.903,"                                                                                        
                                                                                                                                
     Page 25, line 1, following "reasonable"                                                                                
     Insert "; bonds issued under  this paragraph are subject                                                               
     to AS 37.15.903"                                                                                                       
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
Mr.  Peterson  explained  that the  amendment  restricts  the                                                                   
state's  ability to  issue  bonds in  excess  of $5  billion.                                                                   
Representative  Hawker  approved   of  the  amendment.    Mr.                                                                   
Andrews agreed.                                                                                                                 
                                                                                                                                
Co-Chair Hoffman asked if other states have limitations.                                                                        
Mr. Andrews did not know.                                                                                                       
                                                                                                                                
10:28:27 AM                                                                                                                   
                                                                                                                                
DEBBIE  SCHNEBEL,   SENIOR  VICE   PRESIDENT,  SCOTT   BALICE                                                                   
STRATEGIES, explained that it  varies state by state.  States                                                                   
where the legislature  is in session for longer  periods have                                                                   
the ability to approve the exact amount being issued.                                                                           
                                                                                                                                
Co-Chair Stedman  related that the  idea to limit  the amount                                                                   
was so  that the legislature could  come back and  request an                                                                   
increase if necessary.   The $5 billion would  be issued over                                                                   
a  few  years,   which  would  give  the   Administration  an                                                                   
opportunity to review the process  and consider an extension.                                                                   
                                                                                                                                
Senator Thomas referenced lines  10-14 and asked if they were                                                                   
specifically  addressing the  retirement unfunded  liability.                                                                   
Mr. Peterson said yes.                                                                                                          
                                                                                                                                
Co-Chair  Stedman WITHDREW  his  objection.   There being  NO                                                                   
OBJECTION, Amendment 2 was adopted.                                                                                             
                                                                                                                                
10:30:53 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman MOVED to ADOPT Amendment 3:                                                                                    
                                                                                                                                
     Page 6, lines 15 - 17:                                                                                                     
     Delete  "The  committee, on  behalf  of  the state,  may                                                                   
     obligate and  bind the state  to set aside and  pay into                                                                   
     the  bond  redemption  fund,   on  a  monthly  or  other                                                                   
     periodic basis."                                                                                                           
                                                                                                                                
Co-Chair Stedman OBJECTED.                                                                                                      
                                                                                                                                
Mr. Peterson explained  that the amendment is  in response to                                                                   
a  legal memorandum  dated  March 26  from  Tamara Cook.  She                                                                   
expressed  some hesitation  and concern  with regards  to the                                                                   
state's  constitutional limits  on  what debt  the state  can                                                                   
issue.   In  the  second  paragraph  of the  memorandum,  she                                                                   
specifically suggested looking  at a sentence in Section 3 of                                                                   
the bill  as a potential  problem.   She suggested   deleting                                                                   
the  sentence,  which  would  allow  the  bond  committee  to                                                                   
obligate and bind the state to pay bond debt.                                                                                   
                                                                                                                                
TAMARA   COOK,   DIRECTOR,   LEGISLATIVE    LEGAL   SERVICES,                                                                   
LEGISLATIVE  AFFAIRS  AGENCY,   agreed  with  Mr.  Peterson's                                                                   
description   of  the  concern   regarding  the   problematic                                                                   
sentence.  She  understood that the pension  obligation bonds                                                                   
will  not be  secured by  the full  faith and  credit of  the                                                                   
state.   She voiced concern about  the notion that  the state                                                                   
bond committee would be able to obligate the state.                                                                             
                                                                                                                                
Representative Hawker concurred with the amendment.                                                                             
                                                                                                                                
Mr. Andrews  also concurred  with Ms. Cook's  interpretation.                                                                   
The intent  of the  bill was "to  use this as  appropriation-                                                                   
type debt."                                                                                                                     
                                                                                                                                
Co-Chair  Stedman WITHDREW  his  objection.   There being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
10:34:07 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman MOVED to ADOPT Amendment 4:                                                                                    
                                                                                                                                
     Page 1, lines 10 - 12:                                                                                                     
     Delete "to issue obligations  to prepay all or a portion                                                                 
     of the  governmental employer's  shares of the  unfunded                                                                 
     accrued  actuarial  liabilities  of  retirement  systems                                                                 
     and"                                                                                                                   
                                                                                                                                
     Page 2, line 4:                                                                                                            
     Delete "for that purpose"                                                                                                
     Insert "by  a state entity for the purpose  of prepaying                                                                 
     all or  a portion of  the governmental employee's  share                                                                 
     of  the   unfunded  accrued  actuarial   liabilities  of                                                                 
     retirement systems"                                                                                                      
                                                                                                                                
     Page 4, lines 15 - 18:                                                                                                     
     Delete "A  municipality, or  two or more  municipalities                                                                   
     jointly,  may  issue  obligations  to prepay  all  or  a                                                                   
     portion  of each participating  municipality's  share of                                                                   
     the   accrued   actuarial  liabilities   of   retirement                                                                   
     systems."                                                                                                                  
                                                                                                                                
     Page 4, line 22, following "obligations":                                                                                  
     Insert "by a state entity"                                                                                                 
                                                                                                                                
     Page 4, line 29, following "issued":                                                                                       
     Insert "by a state entity"                                                                                                 
                                                                                                                                
Co-Chair Stedman OBJECTED.                                                                                                      
                                                                                                                                
Mr.  Peterson  related that  Senator  Elton's  staff noted  a                                                                   
drafting error on  page 1, line 9, of Amendment  4.  The word                                                                   
"employee's" should be "employer's".                                                                                            
                                                                                                                                
Ms. Cook agreed that it should  be changed to "employer's" on                                                                   
line 9 of the amendment.                                                                                                        
                                                                                                                                
Mr.  Peterson  explained  that   Amendment  4  restricts  the                                                                   
bonding  ability to  the state  and prohibits  municipalities                                                                   
from  issuing debt.   It  does  not prohibit  the state  from                                                                   
issuing debt on behalf of the municipality.                                                                                     
                                                                                                                                
10:36:00 AM                                                                                                                   
                                                                                                                                
Representative  Hawker agreed with  Amendment 4, in  light of                                                                   
passage of SB 125.  The bill does  not expand any authorities                                                                   
of municipalities  beyond what  they may  or may not  already                                                                   
have.                                                                                                                           
                                                                                                                                
Mr. Andrews concurred with Representative  Hawker's comments.                                                                   
                                                                                                                                
Co-Chair  Stedman WITHDREW  his  objection.   There being  NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
10:37:57 AM                                                                                                                   
                                                                                                                                
Mr. Andrews  addressed the  fiscal notes.   He said  that the                                                                   
Department  of  Revenue  has an  indeterminate  note  because                                                                   
potential cost  savings to  the state are  not known  at this                                                                   
time.   He provided  information about  potential savings  to                                                                   
the state.   He referred to a  handout on PERS and  TERS cash                                                                   
contribution  and pension obligation  bond analysis  (copy on                                                                   
file.)                                                                                                                          
                                                                                                                                
Co-Chair Stedman requested that information.                                                                                    
                                                                                                                                
Mr.  Andrews  noted  that  the  matrixes  were  developed  in                                                                   
conjunction   with   the   actuary  for   the   state,   Buck                                                                   
Consultants.   He turned  to the first  page, which  shows an                                                                   
interest rate  of 5.25 percent.   He reported that  last week                                                                   
the state of Wisconsin did a $900  million POB restructure at                                                                   
5 percent.    He  highlighted the percentage  of growth  of 4                                                                   
percent  and  explained  the   methodology.    The  actuarial                                                                   
required rate of return was 8.25 percent.                                                                                       
                                                                                                                                
Mr. Andrews  turned to  the second page  to show  the average                                                                   
annual  contribution rate  that  the employer  needs to  make                                                                   
into the  PERS system.   He further  explained reductions  in                                                                   
annual contributions rates based on the amount of POB.                                                                          
                                                                                                                                
Mr. Andrews explained the various savings matrixes.                                                                             
                                                                                                                                
10:42:51 AM                                                                                                                   
                                                                                                                                
Mr. Andrews  explained what would  happen with  a combination                                                                   
of POB's and  cash.  He turned  back to the first  matrix and                                                                   
used $1 billion  cash and $1 billion POB as an  example.  The                                                                   
annual  contribution rate  goes  from 35.22  percent down  to                                                                   
30.28  percent, which  leads  to a  reduction  in the  annual                                                                   
dollar requirement  and a net  present value savings  of $2.1                                                                   
billion.                                                                                                                        
                                                                                                                                
If the investments  from the proceeds of the  POB are greater                                                                   
than  8.25  percent, there  would  be  further savings.    On                                                                   
average,  the  pension plan  for  the  last 15-16  years  has                                                                   
earned 9.6 percent each year.                                                                                                   
                                                                                                                                
Senator Olson asked  if the rate of 9.6 would  continue.  Mr.                                                                   
Andrews said  past history is  a good indicator.   Currently,                                                                   
asset allocations are set up so  that the state is looking at                                                                   
a return of 8.5 percent for the next five years.                                                                                
                                                                                                                                
10:45:49 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman MOVED  to REPORT  SCS CSHB  13(FIN) out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
SCS CSHB  13(FIN) was  REPORTED out of  Committee with  a "do                                                                   
pass" recommendation  and a new indeterminate  fiscal note by                                                                   
the Department of  Revenue and a new zero fiscal  note by the                                                                   
Department of Administration.                                                                                                   
                                                                                                                                
Representative Hawker  pointed out an  error on page  2, line                                                                   
11.  It  should say "may" instead  of "any".  He  thanked the                                                                   
Committee for their hard work.                                                                                                  
                                                                                                                                
Co-Chair  Stedman commented  that  it is  the  first step  in                                                                   
addressing unfunded liability.                                                                                                  
                                                                                                                                
10:48:31 AM                                                                                                                   
                                                                                                                                
HOUSE BILL NO. 315                                                                                                            
                                                                                                                                
     "An Act extending the termination date of the Big Game                                                                     
     Commercial Services Board; and providing for an                                                                            
     effective date."                                                                                                           
                                                                                                                                
LINDA  HAY,  STAFF,  LB&A  COMMITTEE,   REPRESENTATIVE  RALPH                                                                   
SAMUELS, said  the bill  extends the sunset  date of  the Big                                                                   
Game  Commercial  Services  Board.    It  complies  with  the                                                                   
recommendation  of the Division  of Legislative  Audit, which                                                                   
recently reviewed the activities of the Board.                                                                                  
                                                                                                                                
PAT   DAVIDSON,  LEGISLATIVE   AUDITOR,   LEGISLATIVE   AUDIT                                                                   
DIVISION,   LEGISLATIVE   AFFAIRS   AGENCY,   explained   the                                                                   
recommendation to increase the  Board for four years based on                                                                   
the fact  that the Board has  only been in operation  for two                                                                   
years after being restarted.   There were also administrative                                                                   
difficulties that could be improved.                                                                                            
                                                                                                                                
Co-Chair Stedman  asked if any  complaints had  been received                                                                   
from  hunters.   Ms.  Davidson spoke  of  the sunset  review,                                                                   
which looked  at investigations.   The Board is  dealing with                                                                   
the issues that come before it.                                                                                                 
                                                                                                                                
Co-Chair  Stedman asked  if the  oversight of  guides is  the                                                                   
same on federal lands as it is  on state lands.  Ms. Davidson                                                                   
explained  that  the  Board  licenses   individuals  who  are                                                                   
licensed  guides.   The differing  landowners have  differing                                                                   
requirements of the people that operate on their land.                                                                          
                                                                                                                                
10:52:31 AM                                                                                                                   
                                                                                                                                
Senator Thomas asked  if it was possible for  someone to come                                                                   
back  and work  in the  industry after  having their  license                                                                   
removed.   Ms.  Davidson replied  that  there is  a range  of                                                                   
sanctions with any disciplinary action.                                                                                         
                                                                                                                                
PAUL  JOHNSON, CHAIR,  BIG  GAME COMMERCIAL  SERVICES  BOARD,                                                                   
said if a person  has had their license pulled,  they may not                                                                   
return as a transporter until  their restitution is done.  He                                                                   
commented on how permits were issued on various lands.                                                                          
                                                                                                                                
JENNIFER STRICKLER,  CHIEF, PROFESSIONAL LICENSING,  DIVISION                                                                   
OF  CORPORATIONS,   BUSINESS,  AND  PROFESSIONAL   LICENSING,                                                                   
DEPARTMENT OF  COMMERCE, COMMUNITY AND ECONOMIC  DEVELOPMENT,                                                                   
testified  in support the  bill and  the continuation  of the                                                                   
Board.   She  noted  that the  Board has  made  an effort  to                                                                   
strengthen the licensing laws for guides.                                                                                       
                                                                                                                                
Ms. Strickler described projects  the Board has been involved                                                                   
with.  She pointed out that the  fiscal note is not a request                                                                   
for new  funds.  It  is based on  an annual average  of costs                                                                   
because licenses are based on  a biannual period.  She listed                                                                   
expensed covered in the fiscal note.                                                                                            
                                                                                                                                
10:57:50 AM                                                                                                                   
                                                                                                                                
ROBERT  FITHIAN,  EXECUTIVE  DIRECTOR,   ALASKA  PROFESSIONAL                                                                   
HUNTERS  ASSOCIATION,  spoke   in  favor  of  HB  315.    The                                                                   
professional  guide  industry  is  very  important  to  rural                                                                   
Alaska.    It is  dependant  on  three  stewardship  factors:                                                                   
industry  stewardship,  prudent   wildlife  stewardship,  and                                                                   
public  land   access  opportunity.     The  Board   provides                                                                   
oversight and accountability in these areas.                                                                                    
                                                                                                                                
Co-Chair  Hoffman  commented  about the  composition  of  the                                                                   
Board of Fish.   He inquired if there has been  discussion or                                                                   
issues regarding the composition of the Board of Game.                                                                          
                                                                                                                                
Mr. Johnson replied  positively about the composition  of the                                                                   
Board.    He  said there  was  a  recent  private  landholder                                                                   
appointment.    Co-Chair  Hoffman commented  on  the  largest                                                                   
private landholders,  Native Corporations.  He  asked if they                                                                   
were represented  as one  of the  two private landholders  on                                                                   
the Board.  Mr. Johnson said that was correct.                                                                                  
                                                                                                                                
11:00:21 AM                                                                                                                   
                                                                                                                                
Co-Chair  Hoffman MOVED  to REPORT  HB 315  out of  Committee                                                                   
with individual  recommendations and the  accompanying fiscal                                                                   
note.  There being NO OBJECTION, it was so ordered.                                                                             
                                                                                                                                
HB 315 was REPORTED out of Committee with a "do pass"                                                                           
recommendation and with fiscal note #3 by Department of                                                                         
Commerce, Community and Economic Development.                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 233(L&C)                                                                                                
                                                                                                                                
     "An Act relating to giving notice of unclaimed net                                                                         
     margin distributions made by electric and telephone                                                                        
     cooperatives."                                                                                                             
                                                                                                                                
CSHB 233(L&C) was scheduled but not heard.                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 11:00 AM.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects