Legislature(2001 - 2002)

05/02/2001 03:50 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                 SENATE TRANSPORTATION COMMITTEE                                                                              
                           May 2, 2001                                                                                          
                            3:50 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Cowdery, Chair                                                                                                     
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Robin Taylor                                                                                                            
Senator Gary Wilken                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 191(FIN) am                                                                                               
"An Act  authorizing financing  for certain public  transportation                                                              
projects; giving notice  of and approving the entry  into, and the                                                              
issuance  of revenue  obligations that  provide participation  in,                                                              
lease-financing agreements for those  transportation projects; and                                                              
providing for an effective date."                                                                                               
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
HB 191 - No previous Senate committee action.                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Kurt Parkan                                                                                                                 
Deputy Commissioner                                                                                                             
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT:  Answered questions about CSHB 191(FIN)am                                                                 
                                                                                                                                
Mike Scott                                                                                                                      
Municipality of Anchorage and Alaska Municipal League                                                                           
P.O. Box 196650                                                                                                                 
Anchorage, AK  99519                                                                                                            
POSITION STATEMENT:  Supports CSHB 191(FIN)am                                                                                 
                                                                                                                                
John Rabina                                                                                                                     
George K. Baum & Company                                                                                                        
No address provided                                                                                                             
POSITION STATEMENT:  Supports the  GARVEE bond approach to finance                                                            
road construction projects.                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-17, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN JOHN  COWDERY called the Senate Transportation  Committee                                                            
meeting  to  order at  3:50  p.m.  Present were  Senators  Taylor,                                                              
Wilken,  Elton and Cowdery.   Senator  Ward arrived  at 3:51  p.m.                                                              
The committee took up CSHB 191(FIN)am.                                                                                          
                                                                                                                                
          HB 191-FINANCING FOR TRANSPORTATION PROJECTS                                                                        
                                                                                                                                
MR.  KURT  PARKAN,  Deputy  Commissioner   of  the  Department  of                                                              
Transportation   and  Public  Facilities   (DOTPF),  thanked   the                                                              
committee for hearing the "GARVEE  bond" bill.  He noted DOTPF has                                                              
distributed  quite  a  bit  of  information  on  GARVEE  bonds  to                                                              
committee members  so, in  the interest of  time, he  would answer                                                              
questions committee members may have.                                                                                           
                                                                                                                                
SENATOR  WARD  told  the  committee   he  planned  to  propose  an                                                              
amendment at the appropriate time.                                                                                              
                                                                                                                                
SENATOR TAYLOR  asked if the list  of projects in  CSHB 191(FIN)am                                                              
are in the Statewide Transportation Improvement Plan (STIP).                                                                    
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN said that all of the  projects will be                                                              
in  the STIP  if they  aren't already  because that  is a  federal                                                              
requirement  of  GARVEE  bonds.  He explained  that  some  of  the                                                              
projects added  by the House are  further out on the STIP  but all                                                              
projects in the bill have been identified  by DOTPF as projects in                                                              
the STIP.                                                                                                                       
                                                                                                                                
SENATOR TAYLOR  said a project could  be included in the  STIP yet                                                              
take six years  to get to the  top of the list.  He  asked whether                                                              
DOTPF has modified  the STIP to bring it into  compliance with the                                                              
list in CSHB 191(FIN)am.                                                                                                        
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  said  the STIP  does not  need to  be                                                              
modified until  DOTPF has  authorization for  the bonds,  at which                                                              
time the STIP will be modified using  a process established by the                                                              
Federal Highway Administration (FHA).                                                                                           
                                                                                                                                
SENATOR TAYLOR asked how the legislature  will be assured that the                                                              
projects in CSHB 191(FIN)am will  in fact appear on that list.  He                                                              
commented  that he  thought  the STIP  was  an independent  rating                                                              
system done within DOTPF.                                                                                                       
                                                                                                                                
DEPUTY  COMMISSIONER   PARKAN  explained  the  STIP   has  certain                                                              
mechanisms by which projects are included.  He said:                                                                            
                                                                                                                                
     Certainly  there's  the  CTP program  which  has  rating                                                                   
     criteria;  there's the  NHS; there's  other elements  of                                                                   
     it.   With GARVEES, the  projects are absolutely  placed                                                                   
     into the  STIP.  If  we go forward  within them  at all,                                                                   
     they have  to be in the  STIP.  It's in  effect, forcing                                                                   
     projects to be  placed in the STIP, which is,  in a way,                                                                   
     more  controlling  of a  project's completion  than  the                                                                   
     STIP  itself under  the normal  process  of the  program                                                                   
     because, as  you know, projects  shift and we  feel that                                                                   
     all of  the projects  within the  GARVEE package can  be                                                                   
     completed within the five-year  period of time necessary                                                                   
     to do so to qualify for the GARVEEs.                                                                                       
                                                                                                                                
SENATOR  TAYLOR   expressed  concern  that  he   has  watched  the                                                              
legislature rely upon the STIP year  after year and fund projects,                                                              
only to never  see those projects  built.  The next time  the STIP                                                              
is presented to the legislature,  those projects have been delayed                                                              
three to five years.   Now a whole list of projects  can either be                                                              
moved into  or within  the STIP to  convenience this  legislation.                                                              
He said he  has never once understood  how the STIP worked  or why                                                              
things are moved but it appears to  be caused by a lot of politics                                                              
within the department and the administration.   He again asked how                                                              
the legislature  will  have any assurance  that  the list in  this                                                              
bill will not be changed.                                                                                                       
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  told  Senator Taylor  that DOTPF  has                                                              
looked  at  all  of  the  projects  identified  and  believes  all                                                              
projects can  be completed within  the time period required.   All                                                              
projects are  STIP-eligible and have  been identified by  DOTPF as                                                              
feasible.  Including them in GARVEEs  provides more assurance that                                                              
they will  be completed in the  time frame allocated than  if they                                                              
were funded  through the normal STIP  process.  He  indicated that                                                              
projects  get delayed  for  many reasons,  but  DOTPF believes  it                                                              
cannot  switch  the projects  in  CSHB  191(FIN)am out  for  other                                                              
projects.                                                                                                                       
                                                                                                                                
SENATOR TAYLOR asked if item 42 would be the third fast ferry.                                                                  
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said depending  on the ultimate outcome                                                              
of the capital budget, it could be the second or the third.                                                                     
                                                                                                                                
SENATOR TAYLOR asked what route the  fast ferry in CSHB 191(FIN)am                                                              
will cover.                                                                                                                     
                                                                                                                                
DEPUTY  COMMISSIONER   PARKAN  explained  that   DOTPF's  original                                                              
proposal contained  funding for  two fast  ferries: one  ferry was                                                              
identified  for  a  Ketchikan-Wrangell   link;  the  other  was  a                                                              
Petersburg-Juneau link.   The House  took one out and  replaced it                                                              
with other  projects, most of them  in Southeast.   DOTPF's intent                                                              
was  to  have  the  Ketchikan-Wrangell  ferry  online  before  the                                                              
Petersburg-Juneau  ferry.  In the  broader scheme, the  first fast                                                              
ferry  will  be   the  Sitka  shuttle,  which   has  already  been                                                              
authorized.    The second  fast  ferry  is designated  for  Prince                                                              
William Sound and  was included in the capital budget.   The third                                                              
fast ferry is  designated for the Ketchikan-Wrangell  link and the                                                              
fourth is  for the Petersburg-Juneau  link.  Since one  vessel has                                                              
been taken out of the GARVEE package  and the Prince William Sound                                                              
vessel is  in limbo,  DOTPF has not  had much internal  discussion                                                              
about what the scenario will be.                                                                                                
                                                                                                                                
SENATOR  TAYLOR asked  if the  plan was  to fund  the first  ferry                                                              
with SHAKWAK funds,  the second with funds in  the capital budget,                                                              
and  the third  and  fourth with  GARVEE  bonds [CSHB  191(FIN)am]                                                              
except that one was removed by the House.                                                                                       
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said that is correct.                                                                                
                                                                                                                                
SENATOR TAYLOR asked  if there is any geographical  balance to the                                                              
list in  CSHB 191(FIN)am.   He  pointed out  that $58 million  was                                                              
included for  a road in  Anchorage, yet  the bill only  includes a                                                              
few hundred thousand for a road in Ketchikan.                                                                                   
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN said he  didn't have the  breakdown at                                                              
the moment  but he estimated the  bill contains about  $70 million                                                              
for projects in  Southeast, including the two ferries  but one was                                                              
removed  and replaced  with the same  amount of  funding for  road                                                              
projects; $147  million for Anchorage  projects; $57  million each                                                              
for  projects in  Fairbanks  and  the Mat-Su  Valley;  $30 to  $40                                                              
million  for  projects  in  rural  Alaska;  and  $15  million  for                                                              
projects  in the  Kenai  Peninsula.  The balance  was  distributed                                                              
statewide.                                                                                                                      
                                                                                                                                
SENATOR TAYLOR  noted if $70  million was originally  included for                                                              
two high-speed  ferries for  Southeast, each  cost $35  million so                                                              
essentially Southeast  will get a  ferry and, "except  for Juneau,                                                              
it looks like kind of chump change to me."                                                                                      
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN said  Southeast  will  get about  $30                                                              
million in road projects and about $35 million for the ferry.                                                                   
                                                                                                                                
CHAIRMAN COWDERY  asked why  many projects  were deleted  from the                                                              
original bill.                                                                                                                  
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN offered  to  provide  members with  a                                                              
side-by-side  comparison of  the  original version  and the  House                                                              
Finance Committee version.  He pointed  out that the House Finance                                                              
Committee wanted  a smaller package.   He indicated that  items 34                                                              
through  56 on  page 4  are the  projects that  the House  Finance                                                              
Committee replaced the second fast ferry with.                                                                                  
                                                                                                                                
CHAIRMAN COWDERY  commented on an  article in the  Anchorage Daily                                                            
News about  how the  cost of school  upgrades have soared  because                                                            
busy contractors are  bidding higher as a result  of the heated up                                                              
economy.    He noted  the  [legislature]  just passed  an  airport                                                              
funding bill last night.  He asked  who will build these projects,                                                              
whether DOTPF  will try to  attract out-of-state  contractors, and                                                              
whether Mr. Parkan  believes passing this bill is  the right thing                                                              
to do.                                                                                                                          
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN said  DOTPF does believe  passing this                                                              
bill is  the right thing  to do.   He noted  that part of  what is                                                              
driving up  the cost  of "vertical"  [building] construction  is a                                                              
shortage of  electricians.   DOTPF projects  are considered  to be                                                              
"horizontal"  [roads] so  they do  not use the  same labor  force.                                                              
The spread of the original bill in  the amount of $425 million had                                                              
construction  costs  at $250  million.   The  new  number will  be                                                              
considerably less  than $250 million  and will be spread  out over                                                              
five years  so the amount  that will be added  to any one  year is                                                              
fairly small.   As a measure of workforce availability,  DOTPF has                                                              
reviewed  the most  recent bids  it  has received.   Almost  every                                                              
project received between  four and six bids, which  indicates that                                                              
competition  for road  construction  projects  is fairly  healthy.                                                              
Mr. Parkan noted that in his recent  conversations with the Alaska                                                              
General Contractors (AGC), he was  told the AGC would not have any                                                              
problem absorbing  additional construction within its  ranks.  AGC                                                              
is interested  in DOTPF's  ability  to deal with  the projects  in                                                              
terms of  design engineers;  DOTPF  has been working  on that  and                                                              
feels  confident  it  can  continue  to spend  the  FHA  funds  it                                                              
receives.                                                                                                                       
                                                                                                                                
CHAIRMAN COWDERY said  having been a contractor he  knows that any                                                              
potential  savings during  a heated  up economy  is out of  sight.                                                              
Also, the  article mentioned that  the projects will  require road                                                              
building and  site preparation.   He also expressed  concern about                                                              
this legislature binding future legislatures  by requiring them to                                                              
appropriate money for these projects.                                                                                           
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN  agreed   this  legislature  will  be                                                              
issuing debt  and obligating future  funds but DOTPF  believes the                                                              
benefits  realized  by  the  economy   will  outweigh  the  costs.                                                              
Regarding the  argument about obligating future  legislatures, Mr.                                                              
Parkan said that same argument can  be made for any bond debt.  In                                                              
his view,  there is no  difference in  paying the debt  service on                                                              
these projects with  the federal dollars received  from paying the                                                              
debt service on the Fairbanks courthouse, for example.                                                                          
                                                                                                                                
Number 1320                                                                                                                     
                                                                                                                                
CHAIRMAN COWDERY commented  that the matter would  be different if                                                              
these projects were built with bonds  approved with a public vote.                                                              
                                                                                                                                
SENATOR WILKEN  asked if certificates of participation  (COPs) are                                                              
used when  a private  party enters  into a  contract in  which the                                                              
state issues debt  for a building and then leases  the building to                                                              
the private party who pays for it through the COPs.                                                                             
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said that is his understanding.                                                                      
                                                                                                                                
SENATOR WILKEN asked,  in the case of a road,  whether the leasing                                                              
company owns the road.                                                                                                          
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  said effectively,  whoever holds  the                                                              
debt certificates could claim that asset.                                                                                       
                                                                                                                                
SENATOR WILKEN  stated the certificate  of participation is  a 15-                                                              
year pay down  but the state only  has a guaranteed six-year  T 21                                                              
revenue stream.  He noted if that  program isn't reauthorized, the                                                              
full faith  and credit of the people  would kick in and  the state                                                              
would  have  what  amounts  to a  general  obligation  bond.    He                                                              
questioned if the certificate of  participation in that case would                                                              
essentially be an  end run around the Constitution  because public                                                              
votes are required on general obligation  bonds. He felt that is a                                                              
legal  question that  needs to  be answered  before going  forward                                                              
with this legislation.                                                                                                          
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  said  the obligation  is against  the                                                              
federal funds  but the  bill allows the  legislature to  use other                                                              
revenues available  to it, including  the general fund.   He asked                                                              
that Devon Mitchell speak to the  mechanics of the certificates of                                                              
participation but  he noted that  DOTPF is comfortable that  the T                                                              
21  will be  reauthorized because  it  relies on  the bond  rating                                                              
agencies to provide  that level of comfort.  About  10 states have                                                              
issued  GARVEEs knowing  that the  reauthorization  is coming  up.                                                              
The ratings have  been very good. He noted that  John Rabina could                                                              
address  the committee  on that  aspect of  the market's  comfort.                                                              
Mr. Parkan  said the  T 21  put firewalls  in place which  require                                                              
about 90 percent of the money invested  to be given to the states.                                                              
That has  created a  sense of  ownership of  that money  among the                                                              
states.   He  feels  it will  be very  difficult  for Congress  to                                                              
change a mechanism that is so beneficial to the states.                                                                         
                                                                                                                                
SENATOR  WILKEN  commented  that   CSHB  191(FIN)am  presents  two                                                              
problems:   a legal problem, which  could be remedied by  a letter                                                              
of affirmation  about the bill's  legitimacy from  the department;                                                              
and second,  whether  the majority  of legislators  want to  use a                                                              
certificate of  participation without  a vote  of the people.   He                                                              
then  asked  Mr.  Parkan  about  the  list  of  projects  in  CSHB
191(FIN)am  and   how  items  3   and  4  (the  Ted   Stevens  Way                                                              
Reconstruction  project  in  Kotzebue  and  the  Wood  River  Road                                                              
Reconstruction  project  in  Dillingham)  were  added  since  they                                                              
weren't in the Governor's original proposal.                                                                                    
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  explained  that the  Ted Stevens  Way                                                              
Reconstruction project was in the  GARVEE package last year and it                                                              
was scheduled  in the STIP for  2004  The House  Finance Committee                                                              
put this  list together and  showed it to  DOTPF to make  sure the                                                              
projects   would  fit   within  the  GARVEE   framework.   To  his                                                              
understanding, the  House Finance Committee took  the projects off                                                              
of  the out  years of  the STIP,  particularly as  they relate  to                                                              
Southeast.  He added the Wood River  Road Construction project was                                                              
also in the STIP for 2004.                                                                                                      
                                                                                                                                
SENATOR WILKEN  asked if  all of the  projects in CSHB  191(FIN)am                                                              
are in the STIP.                                                                                                                
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said that is correct.                                                                                
                                                                                                                                
SENATOR  WILKEN noted  that his  community  has expressed  concern                                                              
about the reduction of $10 million  to $3.1 million for [Fairbanks                                                              
North  Star] borough-wide  roads and  trails.   He also  commented                                                              
that since  February 15 of 2000,  he has discussed with  DOTPF the                                                              
issue  of the  nine  percent match  with  the federal  government.                                                              
DOTPF has provided some letters of  assurance that he believes are                                                              
weak.  He asked if DOTPF considers  the letter of April 2, 2001 to                                                              
be the  authorization that  allows the state  to use  its interest                                                              
earnings as  the nine percent match.   If so, Alaska would  be the                                                              
first state in the nation allowed  to do so.  He expressed concern                                                              
that the  federal government has  said, "maybe you can,  and we're                                                              
going  to approve  it when  you apply,"    therefore maybe  Alaska                                                              
can't.  He asked Mr. Parkan where this issue stands.                                                                            
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN replied,  as it relates  to arbitrage,                                                              
the state is clearly  subject to the IRS rules.   As it relates to                                                              
the use  of the  interest earnings  to satisfy  the state's  match                                                              
requirement, DOTPF  staff has talked  to FHA staff  in Washington,                                                              
D.C.  and was  told that  what Alaska  is proposing  can be  done.                                                              
DOTPF  must file  a TEO  45 application,  which  is an  innovative                                                              
financing  application.     DOTPF  believes  it   is  a  pro-forma                                                              
exercise; that  application should  be submitted  within a  day or                                                              
two and FHA expects  to be able to give DOTPF  a tentative read on                                                              
the  application within  a day  of  receipt.   He reiterated  that                                                              
DOTPF must  take the first  step of filing  the application  - the                                                              
FHA will  not provide  a definitive  answer until  it reviews  the                                                              
application.                                                                                                                    
                                                                                                                                
SENATOR WILKEN  asked if the  legislature chooses to  proceed with                                                              
the GARVEE  bond bill,  whether it  would be  acceptable to  put a                                                              
section in the bill making it contingent upon FHA approval.                                                                     
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said it would.                                                                                       
                                                                                                                                
Number 1766                                                                                                                     
                                                                                                                                
SENATOR ELTON commented, in response  to the discussion about this                                                              
bill  overheating  the  construction   economy,  that  the  Senate                                                              
Transportation Committee met with  many design people in Anchorage                                                              
[February  23] who said  they would  be able  to handle  the work.                                                              
Some concern  was expressed that if  the work isn't done  now, the                                                              
state would  be facing problems  when construction work  begins on                                                              
the gas line.   He said he  feels that the GARVEE bond  program is                                                              
too good to  be true and that  the state should act  with dispatch                                                              
before the rules change.                                                                                                        
                                                                                                                                
CHAIRMAN COWDERY  stated that  at the  Anchorage meeting,  some of                                                              
the  questions  focused  on  whether   Alaska  has  enough  design                                                              
engineers  to design  some of  the 10  to 20 year  projects.   The                                                              
committee was told it does.                                                                                                     
                                                                                                                                
SENATOR WARD asked who from the FHA  gave DOTPF verbal approval to                                                              
use interest earnings for the state match, and on what date.                                                                    
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN  said DOTPF  has received two  letters                                                              
from the FHA; one in February and one in April.                                                                                 
                                                                                                                                
SENATOR WARD asked if those letters  represent the verbal approval                                                              
he spoke about.                                                                                                                 
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN  answered that  when the question  was                                                              
raised  at a  previous meeting,  DOTPF  asked the  FHA to  provide                                                              
something in writing and it provided those two letters.                                                                         
                                                                                                                                
SENATOR WARD asked if any other opinions  exist or whether the two                                                              
letters are all the state has to go on.                                                                                         
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN said  the two  letters are  what DOTPF                                                              
has to date.                                                                                                                    
                                                                                                                                
SENATOR TAYLOR asked if anything  prevents the use of GARVEE bonds                                                              
for harbor improvements.                                                                                                        
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  said  all of  the  projects that  fit                                                              
within GARVEEs  must qualify  for FHA funding  and fit  within the                                                              
STIP so  harbors are  not included in  the formula programs  under                                                              
the FHA funding program.  He noted  congressional funding has been                                                              
earmarked and specifically exempted  from the federal highway fund                                                              
rules; one such project being the Point Mackenzie project.                                                                      
                                                                                                                                
SENATOR TAYLOR asked how far the STIP extends.                                                                                  
                                                                                                                                
DEPUTY COMMISSIONER PARKAN answered the STIP is a six-year plan.                                                                
                                                                                                                                
SENATOR TAYLOR  asked if the maximum  time that people  would have                                                              
to wait for any  project in CSHB 191(FIN)am to be  started is five                                                              
years if the STIP didn't change in that time period.                                                                            
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  said that  he believes  the six  year                                                              
plan includes projects that are further out.                                                                                    
                                                                                                                                
SENATOR TAYLOR  asserted that it  is basically a  six-year waiting                                                              
list that DOTPF tries to work its way up on.                                                                                    
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said the  waiting list is actually much                                                              
longer  but   DOTPF  identifies  six-years'  worth   of  projects.                                                              
Projects are also identified for the years 2006, 2007 and 2008.                                                                 
                                                                                                                                
SENATOR  TAYLOR  asked  if  some  of  those  [the  six-year  plus]                                                              
projects are also included in CSHB 191(FIN)am.                                                                                  
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said that is correct.                                                                                
                                                                                                                                
SENATOR   TAYLOR  commented   that  through   this  process   this                                                              
legislature will spend $700 million  to build these projects.  The                                                              
state will receive $425 million for  the projects, the projects on                                                              
the STIP will move up faster, and  DOTPF is assuring that projects                                                              
will not disappear and reappear on the STIP.                                                                                    
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN stated  that some  of the projects  on                                                              
the  early  years  of  the STIP  will  be  done  through  GARVEEs,                                                              
allowing other projects to move up faster on the STIP.                                                                          
                                                                                                                                
SENATOR  TAYLOR asked  why the  state should  mortgage itself  for                                                              
$700  million  and  pay  a "$300  million  penalty"  to  speed  up                                                              
projects that  would be built in  two years if the state  is going                                                              
to  get the  cash  anyway  on an  annual  basis from  the  federal                                                              
government.    Doing  so will  prevent  future  legislatures  from                                                              
appropriating money for future projects.                                                                                        
                                                                                                                                
Number 2234                                                                                                                     
                                                                                                                                
DEPUTY  COMMISSIONER PARKAN  pointed out  that DOTPF  had a  cost-                                                              
benefit analysis conducted that shows  the benefit to accelerating                                                              
the  timeframe of  the STIP  projects  through the  use of  GARVEE                                                              
bonds.  He  noted that  doing  the  projects sooner  will  prevent                                                              
inflationary  costs. Savings  to  the general  fund  by using  the                                                              
interest earnings  is also  of value.  In addition, this  approach                                                              
provides a sense of certainty that  the projects in the near years                                                              
in the STIP  will be done.   Any projects authorized by  the bonds                                                              
will have  to be  completed within  five years.   Communities  are                                                              
hopeful  that some of  the projects  that have  been delayed  will                                                              
actually get done;  one example being the Illinois  Street project                                                              
in Anchorage.                                                                                                                   
                                                                                                                                
SENATOR  TAYLOR alleged  that the  legislature appropriates  funds                                                              
for projects  through the capital  budget, which this  year equals                                                              
about $1.2  billion, yet  many of the  projects do not  get built.                                                              
He referred  to item  43 on page  4, line  10,  (Ketchikan:  South                                                              
Tongass Highway  Widening and Path  Extension, Phase 1)  and noted                                                              
that he and  Representative Williams appropriated  money to repair                                                              
that   highway  and   build  a   bike  path   during  the   Hickel                                                              
Administration. Two  years later, the Knowles  Administration came                                                              
along  and  built the  bike  path  but  the  road has  never  been                                                              
improved.  Every year that project shows up on the STIP.                                                                        
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN  responded  that  the  projects  that                                                              
Senator  Taylor has  had concerns  about  over the  years will  be                                                              
completed if this  bill passes.  He pointed out that  in the cost-                                                              
benefit analysis,  the author concluded  that the 15  year payback                                                              
period using  GARVEE bonds  provides a lower  state cost  than the                                                              
"pay-as-you-go" STIP approach.                                                                                                  
                                                                                                                                
SENATOR  TAYLOR asked  how  many times  a state  can  do a  GARVEE                                                              
project.                                                                                                                        
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN  said  a  state can  use  the  GARVEE                                                              
program as many  times as it wishes.  Some of  the ten states that                                                              
have used GARVEE  bonds have issued  them in a series so  that all                                                              
of the  bonds are  not issued at  once.   Some states have  passed                                                              
legislation in unanimous support of this approach.                                                                              
                                                                                                                                
SENATOR TAYLOR said  he was asking when the state  will run out of                                                              
money. He asked:                                                                                                                
                                                                                                                                
     How many times can you mortgage  the future and then the                                                                   
     next one do it, pretty soon  don't you run out of future                                                                   
     that you can bond and indebt  so that everybody can take                                                                   
     credit for  - I  went to the  legislature and I  brought                                                                   
     you  home another  $425 million  [in]  projects but,  in                                                                   
     doing so,  I just spent the  money that was going  to be                                                                   
     available for the next three-four  years?  At what point                                                                   
     do you run out?                                                                                                            
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN  said that DOTPF  expects the  federal                                                              
allocation to the state to increase  at a rate of 4 to 5 percent a                                                              
year.   If  CSHB  191(FIN)am passes,  DOTPF  will  issue debt  and                                                              
mortgage  the future  but the state  will receive  more money  and                                                              
there is  value associated  with improved safety.   He  noted that                                                              
some states  have issued  a much  higher percentage  of debt  than                                                              
Alaska is.                                                                                                                      
                                                                                                                                
TAPE 01-17, SIDE B                                                                                                            
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN said  that DOTPF expects  its coverage                                                              
to be eight times,  while some states have three  times, so Alaska                                                              
is issuing  debt for a very  conservative amount compared  to some                                                              
other states.                                                                                                                   
                                                                                                                                
SENATOR TAYLOR asked Mr. Parkan to explain the percentage.                                                                      
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN explained  that Alaska's  debt service                                                              
payment would  be a little  less than  10 percent, equal  to about                                                              
$36 million per year.                                                                                                           
                                                                                                                                
SENATOR TAYLOR  remarked that if DOTPF  did this at the  same rate                                                              
every year, the ability of future  legislatures to expend money on                                                              
behalf  of capital projects  would  be limited  by that amount  of                                                              
money.   He stated that  eventually the  state would be  unable to                                                              
build any  projects for  15 years while  it waits for  the federal                                                              
funds to come in to pay off the projects already built.                                                                         
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN  said  he  doesn't  think  anyone  is                                                              
suggesting that the state issue GARVEE  bonds every year but it is                                                              
clearly the legislature's prerogative to do so.                                                                                 
                                                                                                                                
SENATOR WARD noted  that Senator Wilken asked for  a legal opinion                                                              
on using  interest income to  pay for the  state match.   He asked                                                              
that DOTPF  also provide  the names of  the ten states  that issue                                                              
GARVEE bonds  and how  their state  constitutions address  binding                                                              
future legislatures.                                                                                                            
                                                                                                                                
DEPUTY COMMISSIONER PARKAN said he  would be happy to provide that                                                              
information and pointed out that  quite a bit of analysis has been                                                              
done on those states.                                                                                                           
                                                                                                                                
SENATOR WARD  asserted that  Alaska differs  from other  states in                                                              
that  many others  allow for  dedicated funds  and have  different                                                              
abilities  to encumber  future funds.   He indicated  that  is the                                                              
type of information the committee  needs before committing to this                                                              
legislation.                                                                                                                    
                                                                                                                                
CHAIRMAN  COWDERY  asked for  an  estimate of  the  administrative                                                              
costs associated with this bill.   He noted he would hold the bill                                                              
in committee to await answers to committee members' questions.                                                                  
                                                                                                                                
SENATOR  WARD  noted he  would  not  move  to adopt  his  proposed                                                              
amendment today.   He asked Mr.  Parkan to provide an  analysis of                                                              
that amendment.                                                                                                                 
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN  asked if Chairman  Cowdery wanted  an                                                              
estimate  of   the  administrative   costs  similar  to   what  is                                                              
associated with DOTPF's normal projects.                                                                                        
                                                                                                                                
CHAIRMAN COWDERY  explained he is  interested in  the pass-through                                                              
fees and how much DOTPF will take to administer the projects.                                                                   
                                                                                                                                
DEPUTY COMMISSIONER  PARKAN said the  amount remains the  same for                                                              
any project.                                                                                                                    
                                                                                                                                
SENATOR  TAYLOR asked  why the  administration is  not taking  the                                                              
projects to the voters as has been done historically.                                                                           
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN  said voter  approval  occurs  before                                                              
general  obligation  debt is  issued,  but  the state  has  issued                                                              
millions of dollars of debt without  a vote of the people as well,                                                              
such as for school debt reimbursement.                                                                                          
                                                                                                                                
SENATOR TAYLOR maintained that school  debt reimbursement requires                                                              
a vote  of the tax  payers of that  community, except  in villages                                                              
that  don't pay  anything  for schools.    The legislature  allows                                                              
communities to  incur debt  but only after  a vote of  the people.                                                              
He questioned  why the state should  be in such a big  hurry to do                                                              
these projects,  many of which will  be built within the  next few                                                              
years anyway.                                                                                                                   
                                                                                                                                
DEPUTY  COMMISSIONER   PARKAN  explained   that  certificates   of                                                              
participation are issued  by the state all of the  time - they are                                                              
not an  end run.  DOTPF  did, last year,  propose to do  a general                                                              
obligation debt.   He noted he shared with the  committee a letter                                                              
from the  attorney general's office  about the difference  between                                                              
the two  proposals.   He offered to  provide members  with another                                                              
copy.   DOTPF looked  at several  things and,  in short,  the bond                                                              
market  is much  more  comfortable  now than  it  was before  with                                                              
GARVEEs.   DOTPF believes it will  have a fairly good  bond rating                                                              
with  the   certificates  of   participation.    Clearly   general                                                              
obligation  bonds provide  the best  ratings  possible because  of                                                              
full faith and  credit but interest rates are very  low right now.                                                              
In addition, DOTPF wanted to get  the projects done soon.  Had the                                                              
GARVEEs been approved  last year, they could have  been put on the                                                              
ballot in  the general  election.  He  felt Senator Elton's  point                                                              
about  the need  to  get these  projects done  in  advance of  the                                                              
construction of a gas line is a good one.                                                                                       
                                                                                                                                
SENATOR WARD  asked what  the time  frame will be  to get  a legal                                                              
opinion and the analysis of the ten other states.                                                                               
                                                                                                                                
DEPUTY  COMMISSIONER  PARKAN said  he  would  try to  provide  the                                                              
committee with that information the next day.                                                                                   
                                                                                                                                
CHAIRMAN COWDERY asked for public testimony.                                                                                    
                                                                                                                                
MR. MIKE SCOTT,  representing the Municipality of  Anchorage (MOA)                                                              
-  both the  Mayor  and the  Assembly,  and the  Alaska  Municipal                                                              
League (AML), stated wholehearted  support for the GARVEE approach                                                              
presented in  CSHB 191(FIN)am.   Anchorage has some  critical road                                                              
needs  that the  Mayor and  Assembly  want accelerated.   The  MOA                                                              
believes this bill will assure that  these road projects are built                                                              
in  a timely  fashion.   Mr. Scott  said  the MOA  shares some  of                                                              
committee members'  frustration and  MOA has acknowledged  that it                                                              
intends to  do a better  job of getting  these projects done.   He                                                              
said he  has heard  that contractors  need more  business and  are                                                              
ready to go.                                                                                                                    
                                                                                                                                
MR.  SCOTT   pointed  out  that   DOTPF  could  do   transfers  of                                                              
responsibilities with  some communities on selected  projects.  He                                                              
acknowledged that  the question of  whether these  projects should                                                              
be voted  on by the  public is a  valid one. The  legislature will                                                              
have the  MOA's support  in going  to the  voters, which  could be                                                              
done  with municipal  elections  in  October in  the  case one  is                                                              
deemed  necessary  in the  legal  opinion.    Mr. Scott  said  the                                                              
difference between  GARVEE bonds  and general obligation  bonds is                                                              
that  everyone's property  is  put up  as  collateral for  general                                                              
obligation bonds whereas a facility  is put up as collateral for a                                                              
certificate  of  participation  project.   Regarding  harbors  and                                                              
ports, Mr.  Scott said they can  be financed through FHA  funds if                                                              
authorized by  Congress.   HB 234 contains  about $35  million for                                                              
ports  and  harbors;  that  bill  is now  in  the  Senate  Finance                                                              
Committee.   Port  and harbor  improvements  could be  conditioned                                                              
upon congressional approval.                                                                                                    
                                                                                                                                
MR.  SCOTT  said  that  he commutes  from  the  Mat-Su  Valley  to                                                              
Anchorage daily.  During the evening,  traffic can be backed up at                                                              
a traffic light  on the Parks Highway for one-half  mile.  The MOA                                                              
believes that although CSHB 191(FIN)am  is not a perfect solution,                                                              
it  is better  than  any other  proposals  to date.    The MOA  is                                                              
prepared to work and partner with DOTPF if necessary.                                                                           
                                                                                                                                
CHAIRMAN COWDERY  asked if the Abbott  Loop extension to  Tudor is                                                              
included in this bill.                                                                                                          
                                                                                                                                
MR. SCOTT said he believes the Chairman  holds great sway over the                                                              
future of that project and the MOA defers to his judgment.                                                                      
                                                                                                                                
CHAIRMAN  COWDERY  repeated  that   he  would  hold  the  bill  in                                                              
committee.                                                                                                                      
                                                                                                                                
MR.  JOHN RABINA,  Senior Vice  President  of the  George K.  Baum                                                              
Company,  an   investment  bank,   informed  the  committee   that                                                              
regarding   the  viability   of   the  structure   the  state   is                                                              
considering,   about  ten  states   have  very  viable   programs.                                                              
Regarding security,  the FHA has  been involved in these  kinds of                                                              
appropriation programs  since 1915 so  it has a long  history with                                                              
them.   Regarding general obligation  bonds, he believes  they are                                                              
also a  viable vehicle but  he believes  the state has  not issued                                                              
one since  1982. He  has personally  been involved  in about  $1.6                                                              
billion  in financing  for  the state  over  the  last ten  years.                                                              
Either method would  work but he believes the GARVEE  concept is a                                                              
good one.   He believes comparing  the other ten states  to Alaska                                                              
is a good idea.  He offered to answer questions.                                                                                
                                                                                                                                
Number 1642                                                                                                                     
                                                                                                                                
CHAIRMAN  COWDERY noted  the Alaska  Constitution is  a model  for                                                              
other  countries so  he  is not  certain  that  the other  states'                                                              
powers of appropriation will be similar to Alaska's.                                                                            
                                                                                                                                
MR. RABINA said Alaska is not the  same but he could not elaborate                                                              
at this time.                                                                                                                   
                                                                                                                                
SENATOR  WARD asked  if GARVEE  and general  obligation bonds  are                                                              
issued at the same time, whether  they would be repaid in the same                                                              
way.                                                                                                                            
                                                                                                                                
MR. RABINA  said they  would; general  obligation bonds  typically                                                              
have a higher rating  because most of them are based  on an annual                                                              
tax.  A revenue  bond has a slightly higher  interest rate because                                                              
it is usually based  upon some kind of enterprise  so they rely on                                                              
water or electric  rates or toll  road fares.  With regard  to the                                                              
State  of Alaska  and  GARVEE bonds,  the  security  would be  the                                                              
annual appropriation from the FHA.                                                                                              
                                                                                                                                
CHAIRMAN COWDERY  said the question  for most legislators  is that                                                              
they don't plan to be in the legislature 15 years from now.  He                                                                 
then adjourned the meeting at 4:48 p.m.                                                                                         

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