Legislature(2013 - 2014)

04/09/2014 03:10 PM Senate FIN


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                 SENATE FINANCE COMMITTEE                                                                                       
                       April 9, 2014                                                                                            
                         3:10 p.m.                                                                                              
                                                                                                                                
3:10:55 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer  called the Senate Finance  Committee meeting                                                                    
to order at 3:10 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Kevin Meyer, Co-Chair                                                                                                   
Senator Anna Fairclough, Vice-Chair                                                                                             
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Click Bishop                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Suzanne   Armstrong,  Staff,   Senator  Kevin   Meyer;  Jeff                                                                    
Ottesen,   Director,   Division  of   Program   Development,                                                                    
Department   of   Transportation  and   Public   Facilities;                                                                    
Michelle Rizk, Associate  Vice President, Statewide Planning                                                                    
and Budget, University of  Alaska; Deven Mitchell, Executive                                                                    
Director, Alaska  Municipal Bond Bank  Authority, Department                                                                    
of Revenue; Representative Alan Austerman.                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 119    BUDGET: CAPITAL                                                                                                       
                                                                                                                                
          CSSB 119(FIN) was REPORTED out of committee with                                                                      
          a "do pass" recommendation.                                                                                           
                                                                                                                                
SB 218    AK MUNICIPAL BOND BANK AUTHORITY                                                                                      
                                                                                                                                
          CSSB 218(FIN)  was REPORTED out of  committee with                                                                    
          individual  recommendations   and  with   two  new                                                                    
          fiscal  impact notes  from  Department of  Revenue                                                                    
          and one new fiscal impact note from the                                                                               
          University of Alaska.                                                                                                 
                                                                                                                                
SENATE BILL NO. 119                                                                                                           
                                                                                                                                
     "An Act making appropriations, including capital                                                                           
     appropriations   and   other   appropriations;   making                                                                    
     appropriations to capitalize funds."                                                                                       
                                                                                                                                
3:11:54 PM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  MOVED  to   ADOPT  the  proposed  committee                                                                    
substitute  for  CSSB  119  (FIN),  Work  Draft  28-GS2672\Y                                                                    
(Martin,  4/9/14).  There  being  NO OBJECTION,  it  was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
3:12:31 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:15:26 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Meyer   queried  the  changes  in   the  committee                                                                    
substitute.                                                                                                                     
                                                                                                                                
SUZANNE ARMSTRONG, STAFF, SENATOR  KEVIN MEYER, spoke to two                                                                    
reports prepared  by the Legislative Finance  Division (LFD)                                                                    
titled, "Multi-year  Agency Summary" and  "Multi-year Agency                                                                    
Summary -  Capital Budget" (copies  on file). She  looked at                                                                    
the  first  column  was  the FY  15  capital  column,  which                                                                    
totaled $2,094.229  million. The unrestricted  general funds                                                                    
(UGF)  totaled  $545.816  million.  The  designated  general                                                                    
funds (DGF) totaled $182.550 million.  The other state funds                                                                    
totaled  $266.517  million.  The  federal  receipts  totaled                                                                    
$1,099.344 million. The second column  was the FY 14 capital                                                                    
supplemental  column, which  totaled $7.31  million. It  was                                                                    
approximately  $2  million  more  than  the  bill  that  was                                                                    
considered   on   the   previous  Monday,   because   of   a                                                                    
supplemental amendment  that was presented by  the Office of                                                                    
Management and Budget (OMB). The  third column was the FY 14                                                                    
operating  supplemental column,  which totaled  $45 million,                                                                    
of  which UGF  was $41  million; DGF  totaled $126,000;  and                                                                    
other state funds were $3.9  million. The largest difference                                                                    
in the bill occurred in the  University of Alaska (UA) FY 15                                                                    
capital budget.  She looked  at page 59  of the  bill, which                                                                    
was the  heat and  power plant at  the University  of Alaska                                                                    
Fairbanks (UAF). On  page 59, lines 21  through 25 contained                                                                    
the  appropriation  which  totaled $195  million,  of  which                                                                    
$37.5 million was  DGF from the Alaska  Capital Income Fund.                                                                    
The  other fund  columns  noted $157.5  million, which  were                                                                    
bond proceeds  that were under  consideration in  a separate                                                                    
bill. She  noted some intent  language that  stipulated that                                                                    
it was  the intent  of the legislature  that UA  implement a                                                                    
utility surcharge, or increase tuition,  in an amount not to                                                                    
exceed annual  revenue of $2  million. This funding  and the                                                                    
fuel  savings resulting  from the  construction  of the  new                                                                    
plant shall be  used to offset university  revenue bond debt                                                                    
service for the UAH heat and power plant.                                                                                       
                                                                                                                                
Co-Chair   Meyer  remarked   that   the   funding  for   the                                                                    
engineering  building was  $5  million  from the  governor's                                                                    
office  request and  $5 million  for  receipt authority.  He                                                                    
stated  that it  was his  original  goal to  fully fund  the                                                                    
engineering  building, but  Co-Chair Kelly  felt that  there                                                                    
needed to be adequate power and heat for the new building.                                                                      
                                                                                                                                
Vice-Chair  Fairclough wondered  if  the  State Library  and                                                                    
Archives Museum (SLAM) was funded  in its entirety. Co-Chair                                                                    
Meyer replied that SLAM was fully funded.                                                                                       
                                                                                                                                
Co-Chair  Kelly  remarked  that the  maintenance  money  was                                                                    
moved from UAF  and some capital requests.  He stressed that                                                                    
the  funding for  the new  facility was  originally intended                                                                    
for  UAF deferred  maintenance. Co-Chair  Meyer stated  that                                                                    
$195 million  was not the  total cost for the  new facility,                                                                    
and additional costs would be in front of the legislature.                                                                      
                                                                                                                                
3:21:49 PM                                                                                                                    
                                                                                                                                
Co-Chair Kelly  stated that there were  many different funds                                                                    
shifted in order to obtain  the new facility. Co-Chair Meyer                                                                    
felt  that  Fairbanks was  incurring  a  great sacrifice  in                                                                    
order to make the project seem viable from his perspective.                                                                     
                                                                                                                                
Ms. Armstrong spoke to Section 41,  on page 109 of the bill,                                                                    
lines   13   through   18,   there   was   a   $50   million                                                                    
reappropriation to  UA for design  and construction  for the                                                                    
UAF  combined  heat  and  power  plant.  The  total  funding                                                                    
proposed  for the  project  in the  current  version of  the                                                                    
legislation was $245 million.                                                                                                   
                                                                                                                                
                                                                                                                                
Co-Chair Meyer  noted the  transfer of  $50,000 in  the SETS                                                                    
fund. Ms. Armstrong clarified that  it was a transfer of $50                                                                    
million.                                                                                                                        
                                                                                                                                
Co-Chair Meyer  asked if there  were any other  changes that                                                                    
should  be   presented.  Ms.  Armstrong  indicated   in  the                                                                    
negative.                                                                                                                       
                                                                                                                                
Vice-Chair  Fairclough  asked  that  the  community  revenue                                                                    
sharing aspect  be put on  the record. She noted  that there                                                                    
were a great number of  public testimonies that stressed the                                                                    
importance  of community  revenue  sharing.   Ms.  Armstrong                                                                    
stated there  was nothing in the  legislation that pertained                                                                    
to community revenue sharing.  The community revenue sharing                                                                    
was funded  through the operating budget.  She remarked that                                                                    
the  legislation  could  be  viewed as  a  type  of  revenue                                                                    
sharing, because of the local investments in the bill.                                                                          
                                                                                                                                
Co-Chair  Kelly  commented  on the  operating  budget  would                                                                    
contain $3 million for revenue sharing.                                                                                         
                                                                                                                                
Vice-Chair Fairclough  noted that he mayor  of Fairbanks was                                                                    
in the audience.                                                                                                                
                                                                                                                                
Co-Chair Meyer  remarked that  the UAF  power plant  was the                                                                    
largest  change in  the budget.  He noted  that the  Loussac                                                                    
Library  was now  at  the original  funding  request of  $10                                                                    
million. He wondered if there  were any other changes in the                                                                    
committee substitute.  Ms. Armstrong  shared that  the grant                                                                    
to  the  Alaska  Railroad  for Positive  Train  Control  was                                                                    
restored to the governor's original request of $15 million.                                                                     
                                                                                                                                
Co-Chair Kelly queried the total  request for positive train                                                                    
control.  Ms. Armstrong  replied  that the  request was  $15                                                                    
million.                                                                                                                        
                                                                                                                                
3:28:01 PM                                                                                                                    
                                                                                                                                
Senator Hoffman MOVED to ADOPT AMENDMENT 1 (copy on file):                                                                      
                                                                                                                                
     Funding Source                                                                                                             
     Amount Federal Receipts: $18,900,000                                                                                       
     GF/Match:  $2,100,000                                                                                                      
                                                                                                                                
     Project Description:                                                                                                       
                                                                                                                                
     This project  will construct the third  and final phase                                                                    
     of the road  connecting the City of King  Cove with the                                                                    
     City  of  Cold Bay  and  its  all-weather airport.  The                                                                    
     project will  construct a 17.2 mile  single lane gravel                                                                    
     road  with turnouts.  This project  contributes to  the                                                                    
     Department's Mission  by reducing  injuries, fatalities                                                                    
     and property  damage and by  improving the  mobility of                                                                    
     people and  goods. Funding is  dependent on  receipt of                                                                    
     funds from the Federal government.                                                                                         
                                                                                                                                
     The Aleutians East Borough owns  and maintains the road                                                                    
     up to  the National Park  boundary. The state  will own                                                                    
     the road  within the National Park  boundaries, but the                                                                    
     Aleutians  East Borough  agrees  to  maintain the  road                                                                    
     within the National Park boundaries.                                                                                       
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion.                                                                                         
                                                                                                                                
Senator  Hoffman  stated  that the  amendment  pertained  to                                                                    
safety and access  in the community of King  Cove. He stated                                                                    
that  the project  was in  its final  phase, and  there were                                                                    
attempts to get federal funding for access to its airport.                                                                      
                                                                                                                                
Co-Chair  Meyer surmised  that the  state  would match  with                                                                    
$2.1  million, if  the state  received the  federal receipts                                                                    
for   $18.9  million.   Senator  Hoffman   replied  in   the                                                                    
affirmative,  and  furthered  that  the road  could  not  be                                                                    
constructed until  the federal  funds were  appropriated and                                                                    
the decision was reversed by the Secretary of the Interior.                                                                     
                                                                                                                                
Vice-Chair Fairclough wondered if  there was funding for the                                                                    
road in  any other form.  Senator Hoffman responded  that he                                                                    
was not aware of any other funding for the project.                                                                             
                                                                                                                                
Vice-Chair Fairclough looked at page  39, line 14, which was                                                                    
a  $100,000 appropriation.  She wondered  if there  were any                                                                    
existing allocations for development.  She remarked that she                                                                    
was  in support  of the  road, but  was merely  wondering if                                                                    
there were  existing funds. Co-Chair  Meyer deferred  to the                                                                    
Department   of   Transportation   and   Public   Facilities                                                                    
(DOT/PF).                                                                                                                       
                                                                                                                                
Vice-Chair Fairclough restated her question.                                                                                    
                                                                                                                                
JEFF  OTTESEN, DIRECTOR,  DIVISION  OF PROGRAM  DEVELOPMENT,                                                                    
DEPARTMENT OF  TRANSPORTATION AND PUBLIC  FACILITIES, stated                                                                    
that the  $100,000 for permitting.  He stressed that  it was                                                                    
considerate separate funds for a separate purpose.                                                                              
                                                                                                                                
Vice-Chair   Fairclough   wondered   if   there   were   any                                                                    
construction  funds.  Mr.  Otteson agreed  to  provide  that                                                                    
information.  He  remarked  that  there  was  a  substantial                                                                    
amount of work that was done on the airport.                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  surmised  that the  amendment  would                                                                    
meet current  projections for  construction, and  there were                                                                    
no  other  appropriations   for  construction.  Mr.  Otteson                                                                    
responded  that  the  budget  requests  were  drafted  after                                                                    
extensive examination of possible previous appropriations.                                                                      
                                                                                                                                
Co-Chair Meyer  wondered if DOT/PF supported  the amendment.                                                                    
Mr. Otteson  responded that  he was  very supportive  of the                                                                    
amendment. He shared  that he had worked on  the project for                                                                    
his entire career at DOT/PF.                                                                                                    
                                                                                                                                
Co-Chair  Meyer  REMOVED  his   objection.  There  being  NO                                                                    
further OBJECTION, AMENDMENT 1 was adopted.                                                                                     
                                                                                                                                
3:34:57 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:37:46 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Meyer  noted that  each  member  of the  committee                                                                    
would like to be added as sponsors to AMENDMENT 1.                                                                              
                                                                                                                                
Ms.  Armstrong  sated  that  LFD   prepared  a  report  that                                                                    
compared the  prior year's budget  with the  current budget.                                                                    
She   stated  that   the   Senate   Finance  Committee   had                                                                    
established criteria that determined  to reduce UGF spending                                                                    
in  both  the  capital  and operating  budgets.  The  report                                                                    
showed a reduction of $439.301  million in UGF in comparison                                                                    
to  the  previous year's  capital  budget.  The report  also                                                                    
showed  an additional  $44.5 million  reduction in  DGF. She                                                                    
stated that the  reduction in UGF was an  effort to preserve                                                                    
the   reserve   accounts   that  were   available   to   the                                                                    
legislature.                                                                                                                    
                                                                                                                                
Co-Chair  Meyer wondered  if the  bonding proceeds  were the                                                                    
reason that the current version  of the bill was higher than                                                                    
the house  version of the  bill. Ms. Armstrong  responded in                                                                    
the  affirmative. She  furthered that  the total  reduction,                                                                    
comparing  2013  to 2014,  it  only  showed a  $184  million                                                                    
reduction. The bond proceeds related  to the addition of the                                                                    
heat and power plant at UAF.                                                                                                    
                                                                                                                                
3:41:30 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:42:52 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
3:43:09 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough moved Amendment 2:                                                                                        
                                                                                                                                
     page 21, line 27                                                                                                           
     after the word "and" insert the word "or."                                                                                 
                                                                                                                                
There being NO OBJECTION it was so ordered.                                                                                     
                                                                                                                                
Co-Chair  Kelly  MOVED  to  REPORT   CSSB  119(FIN)  out  of                                                                    
committee  with  individual  recommendations,  and  drafting                                                                    
instructions   for  Legislative   Legal  Services   and  the                                                                    
Legislative  Finance  Division  to  make  any  necessary  or                                                                    
conforming changes to the bill.                                                                                                 
                                                                                                                                
CSSB  119(FIN) was  REPORTED  out of  committee  with a  "do                                                                    
pass" recommendation.                                                                                                           
                                                                                                                                
3:45:56 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:51:24 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 218                                                                                                           
                                                                                                                                
     "An Act relating to the Alaska Municipal Bond Bank                                                                         
     Authority; and providing for an effective date."                                                                           
                                                                                                                                
3:52:49 PM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  MOVED  to   ADOPT  the  proposed  committee                                                                    
substitute  for   CSSB  218(FIN),  Work   Draft  28-LS1567\N                                                                    
(Wallace, 4/9/14). Co-Chair Meyer OBJECTED for discussion.                                                                      
                                                                                                                                
Ms. Armstrong stated that there  were two sections that were                                                                    
added to  the legislation.  She looked at  page 5,  lines 10                                                                    
through 24,  Section 8, which  was legislative  approval for                                                                    
bond authorization  for the  UAF heat  and power  plant. The                                                                    
section authorized  UA to issue  revenue bonds, and  use the                                                                    
proceeds of the  bonds to pay for  the design, construction,                                                                    
acquisition,  and equipping  for  the heat  and power  plant                                                                    
facility at UAF. The  legislative approval and authorization                                                                    
was required  by statute.  She pointed to  page 5,  lines 25                                                                    
through  31,  and page  6,  lines  1  through 7,  which  was                                                                    
Section 9. The section was  the loan authorization for UA to                                                                    
borrow  an amount  not  to exceed  $150  million by  issuing                                                                    
revenue bonds  or entering  into a  loan agreement  with the                                                                    
Alaska  Municipal Bond  Bank Authority.  She stated  that it                                                                    
provided    the   statutory    legislative   approval    and                                                                    
authorization  for the  bonds that  were discussed  under SB
119.                                                                                                                            
                                                                                                                                
Co-Chair  Meyer wondered  if the  municipal loan  bond would                                                                    
allow  for   bonding  of   additional  $87.5   million.  Ms.                                                                    
Armstrong replied in the affirmative.                                                                                           
                                                                                                                                
Co-Chair Kelly wondered  if $70 million was  a revenue bond.                                                                    
Ms. Armstrong responded in the affirmative.                                                                                     
                                                                                                                                
Vice-Chair Fairclough  looked at the fiscal  note, and noted                                                                    
the addition of  $7 million annually from  the general fund,                                                                    
and  wondered  if  that   should  be  considered  university                                                                    
receipts.  Co-Chair Kelly  replied that  it did  not include                                                                    
the  revenue bond,  but  rather was  sourced  from the  bond                                                                    
bank.                                                                                                                           
                                                                                                                                
Vice-Chair Fairclough remarked that  the fiscal reflected $7                                                                    
million of  new general  fund money. Ms.  Armstrong deferred                                                                    
to Ms. Rizk to discuss the fiscal note.                                                                                         
                                                                                                                                
Co-Chair Meyer  wondered if  there was  an amendment  to the                                                                    
bill. Ms.  Armstrong stated that  there would  be clarifying                                                                    
language to the bill.                                                                                                           
                                                                                                                                
MICHELLE RIZK, ASSOCIATE  VICE PRESIDENT, STATEWIDE PLANNING                                                                    
AND  BUDGET,  UNIVERSITY OF  ALASKA,  looked  at the  fiscal                                                                    
impact  note   from  UA,  and  explained   that  the  amount                                                                    
represented the  debt service associated with  $87.5 million                                                                    
that UA  intended to borrow  from the Alaska  Municipal Bond                                                                    
Bank. In addition to the  amount, UA would issue $70 million                                                                    
of  UA revenue  bonds, so  UA would  be responsible  for the                                                                    
debt service with  the majority of the  funding sources from                                                                    
utility savings.                                                                                                                
                                                                                                                                
Co-Chair  Kelly surmised  that the  savings would  not occur                                                                    
until 2018 or 2019. Ms. Rizk agreed with that summation.                                                                        
                                                                                                                                
Vice-Chair Fairclough  wondered if  the state  was embarking                                                                    
on  its  own  debt  service  from its  own  loan.  Ms.  Rizk                                                                    
responded that the operating  budget reflected a significant                                                                    
reduction  to the  UA budget  of approximately  $16 million.                                                                    
The current fiscal  climate did not allow for UA  to find an                                                                    
additional  $7 million  in addition  to the  contribution of                                                                    
the UA revenue bonds.                                                                                                           
                                                                                                                                
3:58:42 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:03:09 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair Fairclough  remarked that she was  discussing the                                                                    
overall bond debt for Alaska,  and stressed that the Port of                                                                    
Anchorage would also be requesting money.                                                                                       
                                                                                                                                
Co-Chair Meyer asked for a  summary of the financing for the                                                                    
heat and power  plant at UAF. Ms. Armstrong  replied that SB
119  had  a  reappropriation  of   $50  million;  an  FY  15                                                                    
appropriation  of   $37.5  million;  and  SB   218  had  two                                                                    
authorizations:  an authorization  for UA  to issue  revenue                                                                    
bonds in  the amount  of $70  million and  authorization for                                                                    
UAF to utilize  the Alaska Municipal Bond  Bank Authority in                                                                    
the  amount  of  $87.5  million. The  total  would  be  $245                                                                    
million.                                                                                                                        
                                                                                                                                
Co-Chair  Meyer stressed  that  the  different fund  sources                                                                    
were the reason for the higher summary sheets.                                                                                  
                                                                                                                                
Co-Chair  Meyer  REMOVED  his   OBJECTION.  There  being  NO                                                                    
OBJECTION,  the  proposed   committee  substitute  for  CSSB
218(FIN) was adopted.                                                                                                           
                                                                                                                                
Ms.  Armstrong  stated  that there  would  be  a  conceptual                                                                    
amendment.                                                                                                                      
                                                                                                                                
Co-Chair Kelly MOVED the conceptual amendment:                                                                                  
                                                                                                                                
     Page 5, Line 29                                                                                                            
                                                                                                                                
     After the word, "by",                                                                                                      
     insert the phrase, "issuing revenue bonds and"                                                                             
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion.                                                                                         
                                                                                                                                
4:08:42 PM                                                                                                                    
                                                                                                                                
DEVEN  MITCHELL, EXECUTIVE  DIRECTOR, ALASKA  MUNICIPAL BOND                                                                    
BANK AUTHORITY,  DEPARTMENT OF  REVENUE, explained  that the                                                                    
conceptual  amendment was  required  because  the bond  bank                                                                    
program  worked  by  purchasing   the  securities  of  local                                                                    
jurisdictions  on  a  private  placement  basis.  The  other                                                                    
amendment  provided   a  definition   that  allowed   UA  to                                                                    
participate in  the Alaska Municipal Bond  Bank program that                                                                    
uses  the  revenue  bonds.  He stated  that  the  conceptual                                                                    
amendment would provide two  separate terminologies to match                                                                    
to ensure  that the Alaska  Municipal Bond Bank  could carry                                                                    
out the legislative intent of the bill.                                                                                         
                                                                                                                                
Co-Chair  Meyer  REMOVED  his   OBJECTION.  There  being  NO                                                                    
further OBJECTION, it was so ordered.                                                                                           
                                                                                                                                
Co-Chair  Kelly  MOVED  to  REPORT   CSSB  218(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
CSSB 218(FIN) was REPORTED out  of committee with individual                                                                    
recommendations and  with two new  fiscal impact  notes from                                                                    
Department of  Revenue and one  new fiscal impact  note from                                                                    
the University of Alaska.                                                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
4:12:09 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:12 p.m.                                                                                          

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