Legislature(2001 - 2002)

02/26/2002 01:37 PM Senate TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                 SENATE TRANSPORTATION COMMITTEE                                                                              
                        February 26, 2002                                                                                       
                            1:37 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
Senator John Cowdery, Chair                                                                                                     
Senator Gary Wilken                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Jerry Ward, Vice Chair                                                                                                  
Senator Robin Taylor                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 269                                                                                                             
"An Act naming bridge number 1121, across the Knik River, the                                                                   
Sergeant James Bondsteel Bridge of Honor; and providing for an                                                                  
effective date."                                                                                                                
     MOVED SB 269 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 271                                                                                                             
"An Act  establishing the  Alaska Marine  and Rail  Transportation                                                              
Authority; establishing  the marine and rail  transportation fund;                                                              
relating to  ferries and ferry  terminals; relating to  the Alaska                                                              
Railroad Corporation; and providing for an effective date."                                                                     
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 32                                                                                                  
Proposing amendments to the Constitution of the State of Alaska                                                                 
relating to a marine and rail transportation fund.                                                                              
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 269 - No previous action to record.                                                                                          
                                                                                                                                
SB 271 - No previous action to record.                                                                                          
                                                                                                                                
SJR 32 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Carol Carroll                                                                                                               
Department of Military and Veterans Affairs                                                                                     
PO Box 5800                                                                                                                     
Ft Richardson, AK  99505-0800                                                                                                   
POSITION STATEMENT:   Supported SB 269 and, as  the representative                                                            
of the Department of Natural Resources, opposed SB 271                                                                          
                                                                                                                                
Mr. Bill O'Leary                                                                                                                
Vice President                                                                                                                  
Alaska Railroad Corporation                                                                                                     
PO Box 107500                                                                                                                   
Anchorage, AK 99510-7500                                                                                                        
POSITION STATEMENT:  Opposed to SB 271                                                                                        
                                                                                                                                
Mr. Bob Doll                                                                                                                    
Regional Director, Southeast Region                                                                                             
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT:  Took no position on SB 271                                                                               
                                                                                                                                
Captain George Capacci                                                                                                          
General Manager, Marine Highway System                                                                                          
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT:  Answered questions pertaining to SB 271                                                                  
                                                                                                                                
Mr. Herb McDonald                                                                                                               
Karloff Transportation                                                                                                          
No address provided                                                                                                             
POSITION STATEMENT:  Opposed SB 271                                                                                           
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-9, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN JOHN  COWDERY called the Senate Transportation  Committee                                                            
meeting to order  at 1:37 p.m. Senators Wilken,  Elton and Cowdery                                                              
were present. The committee took up SB 269.                                                                                     
                                                                                                                                
             SB 269-NAMING BONDSTEEL BRIDGE OF HONOR                                                                        
                                                                                                                                
MR. LADDIE SHAW,  State Director for Veterans  Affairs, Department                                                              
of  Military and  Veterans Affairs,  asked members  to support  SB
269. The  legislation honors an  Alaska Medal of  Honor recipient,                                                              
James Bondsteel, who died on that  bridge. He said that to honor a                                                              
veteran  in  any  way  is appreciated,  but  for  someone  of  Mr.                                                              
Bondsteel's stature, the honor is without question.                                                                             
                                                                                                                                
With no  further questions  or discussion,  SENATOR WARD  moved SB
269 from committee with individual recommendations.                                                                             
                                                                                                                                
CHAIRMAN COWDERY announced  that with no opposition,  SB 269 would                                                              
move to its next  committee of referral. He then  informed members                                                              
the committee would take up SB 271.                                                                                             
                                                                                                                                
         SB 271-MARINE AND RAIL TRANSPORTATION AUTHORITY                                                                    
                                                                                                                                
SENATOR WARD, sponsor  of SB 271, first asked  Chairman Cowdery if                                                              
the committee has received the requested  warrants from the Alaska                                                              
Railroad Corporation (ARRC).                                                                                                    
                                                                                                                                
CHAIRMAN  COWDERY said  ARRC has  promised him  that the  warrants                                                              
will be forthcoming and should be delivered in about one week.                                                                  
                                                                                                                                
SENATOR  WARD  expressed concern  that  the  warrants are  a  very                                                              
important part of  the discussion about SB 271.   He then made the                                                              
following comments about SB 271.                                                                                                
                                                                                                                                
The  concept of  an authority  is  not new,  but in  this time  of                                                              
streamlining and  consolidating, an authority makes  sense. SB 271                                                              
will create  a transportation  authority  with two divisions:  one                                                              
for the ARRC  and the other  for the Alaska Marine  Highway System                                                              
(AMHS). When  the state  purchased the  railroad from the  federal                                                              
government, part of the discussion  was that the state would allow                                                              
the real  estate holdings  to be  transferred  with it instead  of                                                              
separating them out  and the land would be sold  after five years.                                                              
The purpose  of the delayed  sale was to  provide time to  see how                                                              
the operation  of the  ARRC was  going. That  agreement has  since                                                              
changed and  he believes  for the  better. He  believes ARRC  is a                                                              
great state asset and that should be extended to Canada.                                                                        
                                                                                                                                
SENATOR WARD said he introduced SB  271 to provide a land base for                                                              
the AMHS.  Funding for  the AMHS has  been left  to the will  of a                                                              
majority  of  legislators and  the  governor;  the AMHS  has  been                                                              
subject   to  appropriations.   He   noted  that   spoke  to   his                                                              
constituents about  the AMHS and  found that funding for  the AMHS                                                              
will not get  much support from his area because  his constituents                                                              
do not  use it.  He believes creating  a transportation  authority                                                              
for the two entities and granting  it an additional land base will                                                              
be  a good  first step.  He noted  SB  271 was  modeled after  the                                                              
Washington State authority, which  has a land base. He crafted the                                                              
legislation  to enable the  authority to  grow and eventually  add                                                              
dividends  back to the  state in  the form  of new  transportation                                                              
projects. Had  a land base  been given to  the AMHS when  the ARRC                                                              
was purchased, he probably would  not be introducing this bill. He                                                              
feels SB 271 provides a long-term solution to funding the AMHS.                                                                 
                                                                                                                                
SENATOR  WARD  cautioned,  as  the Chair  of  the  Senate  Finance                                                              
subcommittee  on  the  Department  of  Transportation  and  Public                                                              
Facilities, the state  will be faced with choosing  which types of                                                              
transportation should  be funded and he does not  believe the AMHS                                                              
and  ARRC should  be  forced to  compete  against  each other  for                                                              
general  fund  dollars when  they  can  be  given land  bases.  He                                                              
estimated that  Southeast Alaska contains around  500,000 acres of                                                              
state land. He would favor giving  the new authority all or any of                                                              
that land to develop.                                                                                                           
                                                                                                                                
SENATOR WARD maintained  that ARRC is working well  because it has                                                              
a land base but the AMHS is not.  He held that both transportation                                                              
entities  fear this proposal  because they  fear losing  authority                                                              
over their own enterprises. He said  the parties involved must set                                                              
aside inherent fears over jurisdiction  to come up with a workable                                                              
plan. He then offered to answer questions.                                                                                      
                                                                                                                                
1:45 p.m.                                                                                                                       
                                                                                                                                
CHAIRMAN COWDERY  recognized the  presence of Senators  Taylor and                                                              
Ward.  He  then informed  members  that  he  did not  support  the                                                              
purchase of  the railroad years ago,  and did not vote  for it. He                                                              
asked, for the record, how much land the AMHS owns at this time.                                                                
                                                                                                                                
SENATOR WARD said it owns none.                                                                                                 
                                                                                                                                
SENATOR  ELTON commented  that the  approach  laid out  in SB  271                                                              
gives  the legislature  an opportunity  to  discuss other  things,                                                              
such as how the  AMHS is funded. He thanked Senator  Ward for that                                                              
opportunity. He  stated that unlike  a land-based  highway system,                                                              
50 percent of the AMHS funds come  from users. A few years ago, an                                                              
idea similar  to SB  271 was proposed.  At that  time he  was told                                                              
that to build  a rural two-lane road in the  Kenai Peninsula would                                                              
cost $1.3 million. Maintenance costs  would be $6,400 per year per                                                              
mile for  one lane. None  of that money  comes from the  users, it                                                              
comes  from  the  general  fund. He  said  the  possibilities  for                                                              
transportation funding  are intriguing. He suggested  establishing                                                              
a land  base for  the highway  system and  providing DOTPF  with a                                                              
corridor  along  the  highway  to leverage  so  that  DOTPF  could                                                              
hopefully do as well on earnings as ARRC has done.                                                                              
                                                                                                                                
SENATOR ELTON  said one of the  good notions behind  this approach                                                              
is  the acknowledgement  that the  state  needs to  invest in  its                                                              
transportation systems. He said he  is skeptical that an authority                                                              
of this type  will solve the  problem as quickly as  necessary. He                                                              
indicated that  if SB 271  passes, no  benefits would be  seen for                                                              
five years.                                                                                                                     
                                                                                                                                
SENATOR  ELTON  then  asked several  questions,  the  first  being                                                              
whether  the   transportation  authority  would  fall   under  the                                                              
Executive Budget  Act or whether  it would assume the  position of                                                              
ARRC, outside of the Executive Budget Act.                                                                                      
                                                                                                                                
SENATOR  WARD  replied that  it  would  fall under  the  Executive                                                              
Budget Act. He  maintained that Senator Elton hit  on the problem,                                                              
that being  that the legislature  and governor, if they  wanted to                                                              
develop  some of  the land  along  the roadway  system to  produce                                                              
income to  pay for transportation  needs, could  have done  so but                                                              
has  not.  A  transportation  authority,  whose  sole  purpose  is                                                              
transportation, would  develop that land before  laying people off                                                              
or stopping runs  between towns. He said as the  previous chairman                                                              
of the  Senate Transportation  Committee, he  heard from  the port                                                              
authority  at  Bellingham  and others  about  their  function  and                                                              
mission and  land-based revenue systems.   He said he  agrees with                                                              
Senator Elton about  the cost of roads on the  Kenai Peninsula but                                                              
he sees  this as  a political  problem.  He noted  that at a  town                                                              
meeting in Nikiski, and learned that  if it comes down to a choice                                                              
of fully  funding a school in  that district or funding  the AMHS,                                                              
the AMHS will  be in trouble. He  said he is trying to  avoid that                                                              
scenario.                                                                                                                       
                                                                                                                                
SENATOR WARD said Alaska needs a  statewide transportation plan of                                                              
which  a  transportation  authority  would be  a  cornerstone.  He                                                              
indicated that  he does not  disagree with anything  Senator Elton                                                              
said about  the AMHS, but  the majority  of Alaskans do  not share                                                              
the  same view.  He repeated  that  legislators need  to take  the                                                              
funding  argument  off  of  the table  and  let  a  transportation                                                              
authority deal with it.                                                                                                         
                                                                                                                                
SENATOR ELTON said his second question  pertains to the two fiscal                                                              
notes that add up  to $7 or $8 million per year.  He asked Senator                                                              
Ward how much revenue from the land base is projected.                                                                          
                                                                                                                                
SENATOR  TAYLOR referred  to the  second page  of the ARRC  fiscal                                                              
note and  read, "No  revenue is  assumed to  be received  from the                                                              
lands to  be transferred  during the time  of the fiscal  note (FY                                                              
03-08). He  said it does not shock  him that the state  could give                                                              
to this  authority 500,000  acres and the  authority would  not be                                                              
able to make a dime off of it for five years.                                                                                   
                                                                                                                                
SENATOR  WARD added  that when he  spoke to  people in  Washington                                                              
about its authority,  he could tell that every  time the authority                                                              
leased or sold  land, it was completely focused  on transportation                                                              
needs. This  half million acres is  in existence today but  is not                                                              
helping  the  transportation  needs  of  Alaska.  He  believes  an                                                              
authority will figure  out a way to develop it.  Otherwise, Alaska                                                              
will run into very large transportation problems.                                                                               
                                                                                                                                
SENATOR ELTON asserted that one of  the charges for 20 senators is                                                              
to have  a statewide  outlook because  most citizens would  rather                                                              
fund their local  school than a transportation  project in another                                                              
region.  He said  that  requesting  funds for  the  AMHS from  the                                                              
legislature is no different than  requesting funds for the rest of                                                              
the highway system, the exception  being that users pay 50 percent                                                              
of the cost of the AMHS while the  users of the highway system pay                                                              
nothing.                                                                                                                        
                                                                                                                                
CHAIRMAN  COWDERY maintained  that  the trucking  industry pays  a                                                              
fair share through fuel taxes. He  then noted that Senator Elton's                                                              
comparison of building costs of a  two land road in Kenai with the                                                              
AMHS  is  inaccurate because  the  AMHS  does  not have  the  same                                                              
environmental requirements and restrictions.                                                                                    
                                                                                                                                
SENATOR  ELTON said  that is  true but  the cost  of a fast  ferry                                                              
would  purchase  a  rural  road system  in  the  Kenai  Peninsula.                                                              
However,  the  road  system  would   cost  $204,000  per  year  to                                                              
maintain, which  is much  more than it  will cost to  maintain the                                                              
ferry.                                                                                                                          
                                                                                                                                
CHAIRMAN COWDERY  maintained that  at the  last meeting,  he asked                                                              
DOTPF officials how many roads they  had built. They had not built                                                              
any so he does not know how they  could be so certain of the cost.                                                              
                                                                                                                                
SENATOR WARD responded:                                                                                                         
                                                                                                                                
     The Marine  Highway System's  maintenance is  absolutely                                                                   
     being put at  the back of the column. The  ships and the                                                                   
     people that work there - because  they have contacted me                                                                   
     -  they  feel   like  as  if  they're  treated   like  a                                                                   
     stepchild.  All I'm  trying to  do is give  them a  land                                                                   
     base so they don't have to be  - eventually we'll end up                                                                   
     just rusting  a hole in these  things and it's  going to                                                                   
     fall  apart.  We're  talking  hundreds  of  millions  of                                                                   
     dollars  to replace  it. We  have to  start just  simple                                                                   
     maintenance  and we're talking  about just enough  money                                                                   
     to  keep them afloat  let alone  fixing it.  We have  to                                                                   
     refocus this  and if somebody's  got a better  plan than                                                                   
     this, please bring it forward.                                                                                             
                                                                                                                                
SENATOR ELTON agreed the AMHS has been treated like a stepchild.                                                                
                                                                                                                                
SENATOR  TAYLOR commented  that  he passed  a  bill that  provided                                                              
250,000  acres  over a  10-year  period  to  be selected  for  the                                                              
University of  Alaska. This Administration  vetoed that bill  so a                                                              
case is on its  way to the Supreme Court. He stated  he would love                                                              
to see  Alaska's 103  million acres of  land finally  provide some                                                              
kind  of economic  base  for  schools  and job  opportunities.  He                                                              
questioned  how  Senator  Ward intends  to  get  this  legislation                                                              
passed  if the  Governor  would not  support  a  prior effort.  He                                                              
maintained that this Administration  has not requested an increase                                                              
in the AMHS budget for eight years  except for a shortfall for the                                                              
Kennecott.  In addition,  this Administration  destroyed the  AMHS                                                              
trust fund  because  instead of asking  for funds  when they  were                                                              
needed, it [used the trust fund].                                                                                               
                                                                                                                                
CHAIRMAN COWDERY then took public testimony.                                                                                    
                                                                                                                                
MR. BILL  O'LEARY, Vice  President  of Finance  for ARRC, said  he                                                              
would provide  a short  background  of ARRC and  then discuss  the                                                              
ARRC's  position  on  the  bill   in  light  of  its  history  and                                                              
structure.                                                                                                                      
                                                                                                                                
     The  federally-owned  railroad  was transferred  to  the                                                                   
     state  17  years  ago,  creating   the  Alaska  Railroad                                                                   
     Corporation.   When  legislators   crafted  the   Alaska                                                                   
     Railroad Corporation  Act, they produced a  well thought                                                                   
     out document  that positioned  the new entity  to thrive                                                                   
     without operating subsidy from the state.                                                                                  
                                                                                                                                
     The  Federal Transfer  Act, an  enabling state  statute,                                                                   
     provided  the  railroad  with  many tools  to  face  the                                                                   
     mandated challenges of being  a self-sustaining economic                                                                   
     driver  for  Alaska.  Some of  these  tools  included  -                                                                   
     similar  to the Lower  48 railroads  - significant  land                                                                   
     holdings  were  transferred   to  the  corporation.  The                                                                   
     corporation was granted tax-exempt status.                                                                                 
                                                                                                                                
     The  railroad was  separated from the  state budget  and                                                                   
     appropriation  process  so  it could  rapidly  react  to                                                                   
     market  demands. The  corporation was  also given  legal                                                                   
     tools  to  protect  both  itself   and  the  state  from                                                                   
     liability.  The  railroad has  used  these  tools to  be                                                                   
     successful  in  meeting  its  mission,  a  mission  that                                                                   
     requires  it to  act  like a  private  business in  many                                                                   
     respects but  with a responsibility to the  public as it                                                                   
     goes  forward to  promote economic  development for  the                                                                   
     state.  To   accomplish  this  difficult   mission,  the                                                                   
     railroad  has required  no state  operating subsidy  but                                                                   
     rather has operated profitably  for the vast majority of                                                                   
     the  last 17 years.  In fact  we are  projecting a  $4.2                                                                   
     million  net earning  figure for our  fiscal 2002.  Each                                                                   
     year  these  earnings  have  been  reinvested  into  the                                                                   
     corporation's  infrastructure  in an  effort to  address                                                                   
     the   significant  deferred   maintenance  problem   the                                                                   
     corporation inherited from its federal ownership days.                                                                     
                                                                                                                                
     Let  me be very  clear about  one thing  - there are  no                                                                   
     surpluses  at the Alaska  Railroad. Every dollar  earned                                                                   
     is  plowed back  into the company  and it  is still  not                                                                   
     enough   to  meet   the  needs   of   a  massive   plant                                                                   
     infrastructure  that is  required to  run a railroad  24                                                                   
     hours  a day,  7 days  a week  in the  state of  Alaska.                                                                   
     Indeed  the  railroad's  limited   ability  to  generate                                                                   
     sufficient  internal  capital  funds has  only  recently                                                                   
     been  assisted by  its eligibility  for federal  funding                                                                   
     for certain of the corporation's capital needs.                                                                            
                                                                                                                                
     So what has  been the primary component of  our earnings                                                                   
     over  these  years?  The  corporation  has  historically                                                                   
     relied upon its real estate  activities for the majority                                                                   
     of  its  earnings.  For  2001,   virtually  all  of  the                                                                   
     company's net earnings will  be a result of real estate.                                                                   
     Since transfer,  real estate has  played a key  role for                                                                   
     the  corporation. Similar  to the  Lower 48  experience,                                                                   
     Alaskan  towns have  grown up  around  the Railbelt.  As                                                                   
     these  towns  grew,  rail  land  became  more  and  more                                                                   
     valuable.   The  railroad   has   capitalized  on   this                                                                   
     phenomenon,  leasing approximately  2500  acres of  rail                                                                   
     land currently  and generating  significant income  from                                                                   
     it.                                                                                                                        
                                                                                                                                
     In our  opinion, this  legislation would jeopardize  all                                                                   
     of  this   and  further  unravels  the  intent   of  the                                                                   
     architects of  the original Alaska Railroad  Corporation                                                                   
     Act. Although  this bill proposes an  innovative funding                                                                   
     mechanism  for the  Marine  Highway System,  the  Alaska                                                                   
     Railroad Corporation cannot  support SB 271. Simply put,                                                                   
     we  do   not  believe  this   bill  and  its   companion                                                                   
     constitutional amendment are financially workable.                                                                         
                                                                                                                                
     As  you know this  bill creates  an authority  combining                                                                   
     Marine  Highways   and  the  Railroad   Corporation  and                                                                   
     permitting  the authority  to  select  500,000 acres  of                                                                   
     certain  state  lands,  presumably to  be  developed  to                                                                   
     provide  sufficient  income  to bridge  Marine  Highways                                                                   
     funding gap.  Our initial analysis  of the bill  and its                                                                   
     financial impacts clearly indicates  that it would spell                                                                   
     disaster  for the Railroad  Corporation and the  Alaskan                                                                   
     companies and residents it serves.                                                                                         
                                                                                                                                
                                                                                                                                
     Specific  concerns we  have  with the  bill include  the                                                                   
     following.  First off,  the legislation  would make  the                                                                   
     Railroad   Corporation's   internal    capital   funding                                                                   
     virtually non-existent. The  bill requires all rail land                                                                   
     not  used  for  operations  to  be  transferred  to  the                                                                   
     authority.  Without the  revenue from  its real  estate,                                                                   
     the  deferred  maintenance  problem  that  we  faced  at                                                                   
     transfer and have faced since  then will manifest itself                                                                   
     again  quickly  within  a few  years.  Further,  without                                                                   
     internal  funds to  be used  for  required match  money,                                                                   
     federal  funding  will  be   jeopardized.  In  terms  of                                                                   
     industry standards,  a railroad  the size of  the Alaska                                                                   
     Railroad requires  anywhere from $15 to $20  million per                                                                   
     year  annually  to  be  invested  into  its  rail  line.                                                                   
     Without   real  estate   earnings,  this   will  be   an                                                                   
     impossibility for the railroad.                                                                                            
                                                                                                                                
CHAIRMAN COWDERY asked how much income is derived from the land                                                                 
each year and the amount of federal dollars needed for the                                                                      
railroad's operations per year.                                                                                                 
                                                                                                                                
MR. O'LEARY  said ARRC's  gross real  estate income  for 2001  was                                                              
approximately  $10.5 million.  He projected  about $60 million  of                                                              
federal  funds for  FY  2002 will  be  used entirely  for  capital                                                              
projects. No federal funds are used for operating costs.                                                                        
                                                                                                                                
MR. LEARY then continued his overview.                                                                                          
                                                                                                                                
     The  second  point is  this  bill  does not  follow  the                                                                   
     successful model  of the railroad. Railroad  Corporation                                                                   
     rail land is valuable due to  its location and proximity                                                                   
     to the tracks  and the major cities that  grew up around                                                                   
     the   tracks.  Simply   dedicating   500,000  acres   of                                                                   
     undeveloped  land does not fit  the successful  model of                                                                   
     the  Railroad  Corporation  and  its  land  development.                                                                   
     There could be  significant costs to bring  this land to                                                                   
     a state where it could be revenue  producing. The timing                                                                   
     of when this could occur may also be problematic.                                                                          
                                                                                                                                
     The next  point is  that significant administrative  and                                                                   
     management  cost increases  would  be a  reality in  our                                                                   
     opinion.  The bill appears  to envision three  divisions                                                                   
     within the authority: Marine  Highways, the Railroad and                                                                   
     an  authority  system office.  The  cost of  the  system                                                                   
     office appears  to be incremental  cost. Along  the same                                                                   
     lines,   we  believe   there  would   be  very   limited                                                                   
     administrative   efficiencies  to   be  gained   through                                                                   
     consolidation -  different locations, different  benefit                                                                   
     systems,   different  infrastructures,   and   different                                                                   
     constituencies  will  not  permit  realization  of  such                                                                   
     efficiencies in our opinion.                                                                                               
                                                                                                                                
     Next  point  is  that placing  the  railroad  under  the                                                                   
     Executive Budget Act would greatly  inhibit the railroad                                                                   
     from  fulfilling  its  mission.  The  railroad's  budget                                                                   
     could  become  politicized under  the  Executive  Budget                                                                   
     Act.   This, along with a  loss in flexibility  to react                                                                   
     to  market  demands, could  have  a chilling  effect  on                                                                   
     business  confidence  and  the   railroad's  ability  to                                                                   
     deliver reliable service.                                                                                                  
                                                                                                                                
     The  bill,  in  our  opinion,   does  not  solve  Marine                                                                   
     Highway's problems.  Transferring 500,000 acres  of non-                                                                   
     specific  state land  over a multiple  year period  will                                                                   
     not  address the  fiscal problems  faced  by the  Marine                                                                   
     Highway System  in our opinion. Depending on  where this                                                                   
     land  is,  millions  of  dollars   may  be  required  to                                                                   
     transfer it  and prepare it  for any revenue  generating                                                                   
     use. That again may be years away.                                                                                         
                                                                                                                                
     As shown in  the fiscal note submitted, we  estimate the                                                                   
     initial cost  of implementing this bill at  an increment                                                                   
     of  $5.3 million  for the  first year  from the  state's                                                                   
     general fund  exclusive of what subsidy may  be required                                                                   
     by Marine Highways.                                                                                                        
                                                                                                                                
     In  summary, we believe  this bill  will not  streamline                                                                   
     government, nor  reduce costs, nor wean  Marine Highways                                                                   
     off  the general fund.  It would  rather create  another                                                                   
     layer   of   management,   institute   numerous   costly                                                                   
     administrative  burdens, put a  structure in place  that                                                                   
     would inhibit  prompt reactivity  to market changes  and                                                                   
     would  have  the  bottom  line   impact  of  making  two                                                                   
     agencies dependent  upon the  state rather than  one. We                                                                   
     believe this  is certainly not in the best  interests of                                                                   
     the railroad,  its customers,  nor the residents  of the                                                                   
     state   of    Alaska.   The   legislature,    and   this                                                                   
     transportation  committee in  particular, is focused  on                                                                   
     economic  development  through enhancing  and  expanding                                                                   
     the state's transportation network.  We submit that this                                                                   
     bill is not the appropriate  vehicle by which to further                                                                   
      this goal. Thank you again and for the opportunity to                                                                     
      testify and I stand ready to answer any questions the                                                                     
     committee may have at this point.                                                                                          
                                                                                                                                
SENATOR WARD  said once the  committee receives the  warrants from                                                              
ARRC, it  can find out  how much money there  was and what  it was                                                              
spent on,  however, a new  railroad would  not be able  to survive                                                              
without a  land base.  In the  early 1980s,  some argued  that the                                                              
railroad  land  would  never  be worth  anything  and  would  take                                                              
forever to develop. He asked Mr.  O'Leary why, if the concept of a                                                              
land base works for the railroad,  it would not work for the AMHS.                                                              
                                                                                                                                
MR. O'LEARY  said the ARRC believes  that the specific  model that                                                              
has worked  for the  railroad has worked  because of  the specific                                                              
land, which is located around the  rail line. Because it is around                                                              
the rail  line, it became  more valuable  as the towns  around the                                                              
rail  line grew.  ARRC has  a number  of  acres of  land that  are                                                              
available for lease  but cannot be leased because  they are not in                                                              
an area being developed.                                                                                                        
                                                                                                                                
SENATOR WARD again asked why, if  the concept of a land base for a                                                              
railroad is a good thing, that same  concept would not be good for                                                              
the AMHS.                                                                                                                       
                                                                                                                                
MR.  O'LEARY said,  again, it  depends on  the land  base and  the                                                              
costs  of making  that land  revenue-producing.  He repeated  that                                                              
most of  the railroad's  land is  easily accessible  and, in  some                                                              
ways, has grown up with the railroad.                                                                                           
                                                                                                                                
SENATOR WARD  concluded that the  ARRC's problem with the  bill is                                                              
the possibility that  the land granted to the AMHS  will not be as                                                              
good as the railroad's land.                                                                                                    
                                                                                                                                
MR. O'LEARY said ARRC has a number  of concerns with the bill, one                                                              
being ARRC's involvement  in this bill at all. The  choice of land                                                              
transferred is also a concern.                                                                                                  
                                                                                                                                
SENATOR WARD  indicated the railroad  already has land  that would                                                              
become  part  of the  authority  so  seed  land is  already  being                                                              
developed.                                                                                                                      
                                                                                                                                
CHAIRMAN  COWDERY  asked if  ARRC  did  site preparation  when  it                                                              
leased  its  land or  whether  those  expenses  were paid  by  the                                                              
lessees.                                                                                                                        
                                                                                                                                
MR. O'LEARY  said it is his  understanding that the land  has been                                                              
developed in  a combination  of ways.  In certain situations  ARRC                                                              
did the  work and  the cost  was rolled  into the  lease rate,  in                                                              
other situations, the lessee did the work.                                                                                      
                                                                                                                                
CHAIRMAN COWDERY said he prefers the later.                                                                                     
                                                                                                                                
SENATOR TAYLOR  asked whether  ARRC has made  more money  from its                                                              
land or the railroad operation over the last 18 years.                                                                          
                                                                                                                                
MR.  O'LEARY  replied it  made  more  in  gross income  from  real                                                              
operations but the net income came down to real estate.                                                                         
                                                                                                                                
SENATOR  TAYLOR said  that when  he  looked at  the balance  sheet                                                              
during the  early years,  the only  thing ARRC  made money  on was                                                              
land operations, which were subsidizing the railroad.                                                                           
                                                                                                                                
TAPE 02-09, SIDE B                                                                                                              
                                                                                                                                
SENATOR TAYLOR said that anytime  the state considered selling the                                                              
railroad, the  responses it received  said there isn't  a railroad                                                              
company in  the United States wealthy  enough to stand  the losses                                                              
long  enough to  buy it.  He commented  that  he has  reservations                                                              
about this  bill but his  are centered on  whether it can  ever be                                                              
enacted under this  Legislature and Administration.  He then asked                                                              
Mr.  O'Leary what  recommendations ARRC  can offer  to expand  the                                                              
railroad south and  to the McGrath area.  He asked  if giving ARRC                                                              
alternate  sections of  land on  either side  of the  right-of-way                                                              
would be attractive to ARRC.                                                                                                    
                                                                                                                                
MR. O'LEARY  said a strong  Alaskan economy equates  to profitable                                                              
times for  the railroad  and that  a lot  of projects might  occur                                                              
that could  change the face of  the railroad, for example  the gas                                                              
line and extension to Canada. ARRC  is supportive of anything that                                                              
allows it  to continue  to be self-supporting.  He offered  to get                                                              
back to the committee with more ideas.                                                                                          
                                                                                                                                
SENATOR WILKEN asked if he has been  invited by the Legislature to                                                              
give a status report on the railroad this year.                                                                                 
                                                                                                                                
MR. O'LEARY said  he believes Mr. Gamble has given  an overview to                                                              
the House  Finance Committee and is  scheduled to give one  to the                                                              
Senate Finance Committee.                                                                                                       
                                                                                                                                
SENATOR  WILKEN asked  what  percent of  ARRC's  net earnings  are                                                              
generated from its real estate holdings  rather than the railroad.                                                              
                                                                                                                                
MR. O'LEARY replied:                                                                                                            
                                                                                                                                
     Senator Wilken,  we're looking  at between 101/2  and 11                                                                   
     million dollars  worth of gross  real estate  income for                                                                   
     2002,  with  approximately  between 3.5  and  4  million                                                                   
     dollars of  related expense, related to the  real estate                                                                   
     department, which is going to  give us anywhere around 6                                                                   
     million  dollars of  net actually from  our real  estate                                                                   
     department in 2002.                                                                                                        
                                                                                                                                
SENATOR  WILKEN asked  if the  total  earnings in  2001 were  $4.2                                                              
million.                                                                                                                        
                                                                                                                                
MR. O'LEARY said ARRC is projecting $4.2 million in 2002.                                                                       
                                                                                                                                
SENATOR WILKEN said:                                                                                                            
                                                                                                                                
     Let me  just tell you why  I ask the question.  My first                                                                   
     year here we  had a report to Finance and -  I wasn't on                                                                   
     Finance, I sat  in - and I believe that  the real estate                                                                   
     versus  the railroad  operation was  90 real estate,  10                                                                   
     real estate.  And then two years  ago it was  52 percent                                                                   
     real   estate  and  48   percent  railroad   operations.                                                                   
     Obviously  that's   a  big  change  so  that's   what  I                                                                   
     wondered,  if  you're continuing  to  be a  real  estate                                                                   
     company or a  railroad company and that's  really what I                                                                   
     wanted to  know. So I'd  appreciate you getting  back to                                                                   
     me  sometime and  let me know  what those  numbers -  if                                                                   
     they're correct and, if they  are, where they are today.                                                                   
                                                                                                                                
MR. O'LEARY  said for 2001 and  2002, virtually all of  ARRC's net                                                              
income will derive from real estate activities.                                                                                 
                                                                                                                                
SENATOR  WILKEN  asked  if  ARRC   is  losing  money  on  railroad                                                              
operations but making money on real estate.                                                                                     
                                                                                                                                
MR. O'LEARY  said ARRC  is in the  process of  taking a  very hard                                                              
look at  its rail  operations and  trying to  drive the  operating                                                              
ratio  down  so  that  the  rail   operation  side  will  be  more                                                              
profitable.  To this  point, the  rail operation  side has  been a                                                              
break-even  operation or  has generated  a small  surplus. The  45                                                              
percent that  Senator Wilken  referred to  most likely  relates to                                                              
2000,  when  through  a large  federal  reimbursement  related  to                                                              
winter storms,  ARRC had  skewed net  income figures. The  average                                                              
net income over those years was about $6 million.                                                                               
                                                                                                                                
SENATOR WILKEN asked what the net worth of ARRC is.                                                                             
                                                                                                                                
MR.  O'LEARY  said  the  actual equity  ARRC  has  is  about  $140                                                              
million,  which is the  cumulative earnings  since transfer.  ARRC                                                              
has $350  million worth of assets  in its financial  statements at                                                              
this time.                                                                                                                      
                                                                                                                                
SENATOR WILKEN  asked if  the state sold  everything and  paid the                                                              
debts it would get $140 million.                                                                                                
                                                                                                                                
MR. O'LEARY  said ARRC has $140  million of retained  earnings and                                                              
the state's  investment of $32 million  so the total  would amount                                                              
to about $172 million.                                                                                                          
                                                                                                                                
SENATOR WILKEN  asked if the amount  of money provided to  ARRC by                                                              
federal agencies  would be  jeopardized if ARRC  and the  AMHS are                                                              
combined.                                                                                                                       
                                                                                                                                
MR.  O'LEARY said  he  believes so  because  a large  part of  the                                                              
federal funding that  ARRC receives comes with a  20 percent match                                                              
requirement that  ARRC would need to generate  internally. Without                                                              
its  real  estate income,  ARRC  would  not  be able  to  generate                                                              
sufficient earnings to provide that match money.                                                                                
                                                                                                                                
SENATOR WILKEN asked what information  the committee is waiting on                                                              
from ARRC.                                                                                                                      
                                                                                                                                
SENATOR WARD  said he has requested  copies of the  checks written                                                              
by ARRC last  year. He was told  it would take awhile  to get that                                                              
information together.                                                                                                           
                                                                                                                                
CHAIRMAN COWDERY  added that ARRC  had some legal issues  it wants                                                              
to look at first.                                                                                                               
                                                                                                                                
SENATOR  WARD  said nothing  in  this  bill  would take  away  any                                                              
revenue from ARRC.  An authority would oversee  the operations. He                                                              
assumes  that  the people  appointed  to  the authority  would  do                                                              
nothing to damage the ARRC any more  than they would to damage the                                                              
AMHS. He believes  they would make decisions in  the best interest                                                              
of the  state. He then  asked whether  hauling coal from  Healy is                                                              
profitable.                                                                                                                     
                                                                                                                                
MR. O'LEARY  said he is  not comfortable discussing  that question                                                              
in this venue for proprietary reasons.                                                                                          
                                                                                                                                
SENATOR WARD asked  in what forum it would be  appropriate to tell                                                              
the legislators whether  the railroad they own is  making a profit                                                              
from hauling that coal.                                                                                                         
                                                                                                                                
MR. O'LEARY said he would like to  first speak to legal counsel to                                                              
make sure that no information is  disclosed in a public forum that                                                              
would damage the railroad or one of its customers.                                                                              
                                                                                                                                
CHAIRMAN COWDERY  offered that the information could  be disclosed                                                              
during an executive session.                                                                                                    
                                                                                                                                
MR. O'LEARY agreed.                                                                                                             
                                                                                                                                
2:38 p.m.                                                                                                                       
                                                                                                                                
SENATOR  ELTON   thanked  Mr.  O'Leary  for   his  straightforward                                                              
testimony  and then  asked what  percentage of  the $10.5  million                                                              
gross  income  from real  estate  comes  from ARRC's  fiber  optic                                                              
leases.                                                                                                                         
                                                                                                                                
MR. O'LEARY said a large part.                                                                                                  
                                                                                                                                
SENATOR WILKEN said from being around  Fairbanks, the railroad and                                                              
Healy coal, he would be shocked to  find in executive session that                                                              
the railroad  made a nickel off  of hauling the coal.  Suneel (ph)                                                              
drives  a  very  hard  bargain. It  is  his  impression  that  the                                                              
railroad has  ponied up on numerous  occasions to lower  its costs                                                              
to enable that mine to operate and  ship half of its production to                                                              
Korea.                                                                                                                          
                                                                                                                                
SENATOR WARD  thanked Mr.  O'Leary for his  testimony and  said he                                                              
understands the position ARRC is  in. He believes ARRC has done an                                                              
excellent job and  is an asset to the state.  However, he believes                                                              
the AMHS  is an equally  good investment. He  is trying to  find a                                                              
way for  the AMHS  to sit at  this table and  talk about  its real                                                              
estate holdings and  ways to subside fares for  citizens, like the                                                              
railroad may be  subsidizing Koreans to buy our coal.  He noted he                                                              
would like the elderly to ride free on the AMHS.                                                                                
                                                                                                                                
CHAIRMAN COWDERY  asked about the  transportation cost  from Healy                                                              
to Seward versus  Healy to Anchorage. He asked  if his information                                                              
is correct that  there is a large cost to split  the trains to get                                                              
over the Turnagain Pass.                                                                                                        
                                                                                                                                
MR. O'LEARY  said there are  a myriad of  things that go  into the                                                              
cost structure  of the  railroad. ARRC  looks at allocating  fixed                                                              
costs across the  entire line and by line of business.   The south                                                              
end  of the  line  from  Anchorage to  Seward  does  not have  the                                                              
traffic  that the  Anchorage  to  Fairbanks line  has.  Allocating                                                              
costs can  be done  in a number  of ways,  he said, but  certainly                                                              
there is significant  cost in taking coal from  Anchorage over the                                                              
pass. He does not know what the percentage split is.                                                                            
                                                                                                                                
CHAIRMAN COWDERY  maintained that  Alaska needs to  be competitive                                                              
when marketing its resources. He said:                                                                                          
                                                                                                                                
     You know  we are  by tidewater that's  closer to  get to                                                                   
     Seward and  it takes  a long time  to load the  ships in                                                                   
     Seward and I was just wondering  if we could improve and                                                                   
     make    certain    that   this    operation    continues                                                                   
     competitively.  I understand  -  what is  it Hyundai  or                                                                   
     somebody  is shipping,  they take care  of the  shipping                                                                   
     and  you  do  your  negotiation  through  them.  Anyway,                                                                   
     [indisc.] with the Korean side of things.                                                                                  
                                                                                                                                
SENATOR TAYLOR  suggested dividing  the issue  so that  instead of                                                              
granting 500,000  acres to  a joint authority,  the AMHS  and ARRC                                                              
would each  be given 250,000  acres. He  asked Mr. O'Leary  if his                                                              
testimony would  be different if  that were to happen  and whether                                                              
the railroad could  make money out of another 250,000  acres if it                                                              
was given to ARRC over the next 8 years.                                                                                        
                                                                                                                                
MR.  O'LEARY said  the same  questions apply  regarding where  the                                                              
land is, what  the access is, and  what costs will be  incurred to                                                              
make it revenue producing but it  is something the ARRC would take                                                              
a serious look at.                                                                                                              
                                                                                                                                
SENATOR TAYLOR  said it  wouldn't be taxed  so ARRC could  do what                                                              
the Knowles Administration does and  let it just sit there. That's                                                              
the way ARRC has  been developing its lands anyway  - it waits for                                                              
someone  to come  along and  ask to lease  it. He  stated that  by                                                              
dividing the question, the ARRC couldn't lose.                                                                                  
                                                                                                                                
SENATOR  WILKEN  commented  there has  been  a  lot of  noise  and                                                              
discussion around  the Capitol lately about taking  the money from                                                              
working  families  of Alaska  to  fund  government. He  asked  Mr.                                                              
O'Leary what an  appropriate franchise fee from the  ARRC would be                                                              
to help the people of Alaska fund their government.                                                                             
                                                                                                                                
MR. O'LEARY  said there are a number  of ways to view  this but at                                                              
this point, ARRC does not have enough  to do what needs to be done                                                              
to  keep  the  railroad.  Maintaining   the  infrastructure  is  a                                                              
tremendous job. The  federal money has been amazingly  helpful but                                                              
ARRC still  needs every dollar  of its internally  generated funds                                                              
to  improve  its  operations.  ARRC  is  continually  striving  to                                                              
improve   its  operating   ratio  and   profitability  from   rail                                                              
operations so  that it can generate  more net income to  plow back                                                              
into the rail line. He said his initial  response is that the ARRC                                                              
cannot generate enough to take care  of its own needs and hopes to                                                              
do that before the legislature looks at any sort of dividend.                                                                   
                                                                                                                                
SENATOR WILKEN asked  how many passengers the  railroad will carry                                                              
this year.                                                                                                                      
                                                                                                                                
MR. O'LEARY answered around 480,000 to 500,000.                                                                                 
                                                                                                                                
SENATOR WILKEN said  if he could take $10 from  every passenger to                                                              
keep his  constituents from  paying $500,000  in income  taxes, he                                                              
would vote  to tax those passengers.  He advised Mr.  O'Leary that                                                              
the ARRC board  may want to discuss  the need to step  up and help                                                              
with the  state's fiscal crisis because  he believes that  time is                                                              
coming.                                                                                                                         
                                                                                                                                
MR. BOB DOLL,  Director of the Southeast Region  of the Department                                                              
of Transportation and Public Facilities  (DOTPF), informed members                                                              
he is responsible  for the Marine Highway System  as well as roads                                                              
and airports in Southeast.                                                                                                      
                                                                                                                                
CHAIRMAN COWDERY asked  if, given the opportunity  to receive land                                                              
for the AMHS, he would welcome that idea.                                                                                       
                                                                                                                                
MR. DOLL said that is a very generous  offer that DOTPF would have                                                              
to seriously  consider. He expressed skepticism,  however, because                                                              
ARRC  makes  money  from  the  land  that  is  contiguous  to,  or                                                              
conveniently located to, the railroad,  which it leases. It is not                                                              
making money  from the  sale of property.  Therefore, if  the AMHS                                                              
land  is  "over  the  mountain,"   he  is  not  sure  it  will  be                                                              
beneficial.                                                                                                                     
                                                                                                                                
CHAIRMAN COWDERY asked  if it would be beneficial if  it is in the                                                              
right location.                                                                                                                 
                                                                                                                                
SENATOR TAYLOR asked:                                                                                                           
                                                                                                                                
     If  you took  your Marine  Highway  hat off  for just  a                                                                   
     minute and I  offered you 500,000 acres of  Alaska lands                                                                   
     that  you  could  select, you'd  worry  about  that  and                                                                   
     wonder where  it was and whether  or not you  could make                                                                   
     anything off of  it or would you say I'll  take it right                                                                   
     now and  I'll begin  my selection  tomorrow and I'll  be                                                                   
     making money off of it in six months?                                                                                      
                                                                                                                                
MR. DOLL said  that would be a likely reaction.  However, he still                                                              
has the problem of what to do next year and the year after that.                                                                
                                                                                                                                
SENATOR TAYLOR  asked if he is  saying 500,000 acres would  not be                                                              
enough or that he would sell all of it in one year.                                                                             
                                                                                                                                
MR. DOLL said  he believes identifying, assessing,  and valuing it                                                              
would be a process that is not likely  to produce any real revenue                                                              
for a considerable period of time.                                                                                              
                                                                                                                                
SENATOR TAYLOR replied:                                                                                                         
                                                                                                                                
     I wouldn't want  to give it to you. I'd want  to give it                                                                   
     to somebody that would figure  out how to develop it and                                                                   
     make  money off of  it for  a long,  long time. In  fact                                                                   
     that's how  we solved the  Mental Health Trust  problems                                                                   
     because  we gave  them  back their  lands  and they  are                                                                   
     generating  significant income  off of  that land  right                                                                   
     now.                                                                                                                       
                                                                                                                                
MR. DOLL  said if  that is a  good model, the  AMHS would  hope to                                                              
emulate it.                                                                                                                     
                                                                                                                                
SENATOR TAYLOR said he would be shocked  if the AMHS is opposed to                                                              
having any additional asset base to help meet ongoing expenses.                                                                 
                                                                                                                                
CHAIRMAN COWDERY said that regarding  selection of the land, small                                                              
islands are  in high demand for sale  or lease. He said  he agrees                                                              
that giving  the AMHS land  in Tok Junction  wouldn't be  the most                                                              
desirable but land in Southeast would.                                                                                          
                                                                                                                                
MR. DOLL said he is apprehensive  that the designation of the land                                                              
and  the donation  of it  to the  AMHS  is anticipated  to be  the                                                              
solution  to a  problem.  He is  not sure  that  it is  but he  is                                                              
willing to  consider it.  He added if  it doesn't rapidly  produce                                                              
revenue, it is not a solution.                                                                                                  
                                                                                                                                
CHAIRMAN COWDERY asked what "rapid" would be.                                                                                   
                                                                                                                                
MR. DOLL replied two or three years would certainly be rapid.                                                                   
                                                                                                                                
SENATOR  WARD asked  if the  AMHS is  facing deferred  maintenance                                                              
costs and, if so, what the costs are.                                                                                           
                                                                                                                                
MR.  DOLL said  there  is  deferred  maintenance and  asked  Capt.                                                              
Capacci for an exact figure.                                                                                                    
                                                                                                                                
CAPTAIN GEORGE CAPACCI, General Manager  of the AMHS, said he does                                                              
not have  an exact  figure for deferred  maintenance projects  but                                                              
all  ships   have  a  certificate   of  inspection,   Coast  Guard                                                              
inspections  and American  shipping inspections.   He  said a  few                                                              
years ago  the amount of deferred  maintenance was in the  tens of                                                              
millions of dollars.                                                                                                            
                                                                                                                                
SENATOR WARD  remarked that  if the AMHS  meets all standards,  no                                                              
big projects need to be done right now.                                                                                         
                                                                                                                                
CAPTAIN CAPACCI said that is correct.                                                                                           
                                                                                                                                
MR.  DOLL  pointed  out the  legislature  has  been  appropriating                                                              
around $4.5  to $5 million  every year for state-paid  maintenance                                                              
and  for overhauls  on the  ships  to bring  the ships  up to  the                                                              
condition Captain Capacci described.                                                                                            
                                                                                                                                
SENATOR WARD asked what short term  options the Administration has                                                              
in mind  to fund the  AMHS in light  of the  lack of money  in the                                                              
marine highway fund.                                                                                                            
                                                                                                                                
MR. DOLL  thanked Senator Ward for  his concern about  funding for                                                              
the AMHS  and for the  thought that has gone  into SB 271,  but he                                                              
said there  are three  aspects to what  the Administration  has in                                                              
mind. The first has to do with the  addition of shuttle ferries to                                                              
the system,  which will  be less  expensive to  operate and  which                                                              
will  address  the   problem  of  obsolescence  of   some  of  the                                                              
mainliners. The second is a continuing  examination of tariffs and                                                              
an increase  in revenue every two  years. The third is  to come to                                                              
grips with the fact  that some of the ships are  now 40 years old.                                                              
Whether  they represent  a worthwhile  capital  investment in  the                                                              
long term is a  difficult question that will have  to be faced. If                                                              
the  conclusion is  that  the costs  of  meeting their  increasing                                                              
regulatory  requirements is  not  worthwhile, taking  them out  of                                                              
service will save money.                                                                                                        
                                                                                                                                
SENATOR WARD asked  what will happen to the ferry  schedule if the                                                              
40-year old ships are deemed too old to fix.                                                                                    
                                                                                                                                
MR. DOLL said  the system was originally designed  to bring people                                                              
in and out of Alaska and that design  also provides transportation                                                              
within  Alaska. It  does not  do  either job  perfectly. The  AMHS                                                              
would like to improve the intrastate  transportation system with a                                                              
shuttle  system and  provide less  of the  interstate function.  A                                                              
good  deal of  the interstate  function  can be  met with  another                                                              
shuttle   system.   He   believes   that   by   providing   better                                                              
transportation  to people within  the state at  a lower  cost, the                                                              
long haul requirements can be met as well.                                                                                      
                                                                                                                                
SENATOR WARD  asked Mr. Doll if he  plans to raise fees  every two                                                              
years.                                                                                                                          
                                                                                                                                
MR. DOLL said that is correct.                                                                                                  
                                                                                                                                
3:02 p.m.                                                                                                                       
                                                                                                                                
SENATOR WARD  expressed disapproval and  said he prefers  the AMHS                                                              
to  use a  land base  to develop  real estate  instead of  raising                                                              
fees.  He said it isn't right to  subsidize coal for Koreans while                                                              
charging his relatives  more for travel. He stated  he understands                                                              
the turf  issues involved  in creating an  authority but  he can't                                                              
justify raising  fees. He said he  is not opposed to  splitting up                                                              
the land for ARRC  and the AMHS and that it is  high time everyone                                                              
has a discussion  about what to  do since the marine  highway fund                                                              
is out of money.                                                                                                                
                                                                                                                                
SENATOR  ELTON asked  if the  transfer  of land  will include  the                                                              
transfer of  subsurface mineral rights  and whether  the authority                                                              
could select coal producing land.                                                                                               
                                                                                                                                
SENATOR  WARD said  it is  his intent  that  subsurface rights  be                                                              
transferred to the authority.                                                                                                   
                                                                                                                                
SENATOR TAYLOR asked if the state  has subsurface rights on state-                                                              
selected lands.                                                                                                                 
                                                                                                                                
CHAIRMAN COWDERY was not sure.                                                                                                  
                                                                                                                                
SENATOR  TAYLOR said  the state  is  not allowed  to convey  those                                                              
rights under the Statehood Act.                                                                                                 
                                                                                                                                
MS. CAROL  CARROLL, Department  of Natural  Resources (DNR),  said                                                              
that is correct.                                                                                                                
                                                                                                                                
SENATOR  ELTON  said they  can  be  transferred to  another  state                                                              
agency.                                                                                                                         
                                                                                                                                
SENATOR WARD said this authority is such an agency.                                                                             
                                                                                                                                
MR.  DOLL stated  that  Senator  Ward  has raised  some  important                                                              
philosophical  questions  and that  DOTPF  needs  to give  serious                                                              
consideration to  Senator Ward's  question about how  DOTPF should                                                              
respond to the needs of the AMHS's financial needs.                                                                             
                                                                                                                                
SENATOR TAYLOR stated:                                                                                                          
                                                                                                                                
     We've done  the modest increases  for several  years now                                                                   
     and we've modestly  got ourselves up to the  place where                                                                   
     you're   not  begging   for  somebody   to  market   you                                                                   
     facilities  so you  can figure  out how to  get a  rider                                                                   
     back on them.  It's just what Southeast needs  right now                                                                   
     for their  economy -  a couple  more increases in  ferry                                                                   
     fares. Do you have toll road  authority? I mean don't we                                                                   
     charge a toll on Whittier? ...                                                                                             
                                                                                                                                
MR. DOLL said he is not sure.                                                                                                   
                                                                                                                                
SENATOR TAYLOR said other states use them "like crazy."                                                                         
                                                                                                                                
MR. DOLL said he has never investigated the subject.                                                                            
                                                                                                                                
SENATOR TAYLOR  said he co-sponsored a  bill to get money  for the                                                              
Whittier   Tunnel-Bradfield  Toll   Road  bill.   The  money   was                                                              
appropriated based on  the fact the Whittier road  would be a toll                                                              
road and the bonds would be repaid  with toll charges. He wondered                                                              
whether DOTPF has toll road authority because:                                                                                  
                                                                                                                                
     ... if  it does, I want a  toll road put up on  the Glen                                                                   
     Highway  and everyone  of those rascals  driving in  and                                                                   
     out of Wasilla  and Palmer everyday going  to work, they                                                                   
     can pay  one nickel  and I guarantee  it will fund  your                                                                   
     marine  highway system  forever, just  off of that.  And                                                                   
     the  nice  thing  to make  them  really  appreciate  the                                                                   
     marine highway would be shut  the blooming road down for                                                                   
     about a week at a time like  you do with all of my towns                                                                   
     and we can  let them all sit at home too  [indisc.] then                                                                   
     we could  all feel the same  way and be treated  equally                                                                   
     in  this state.  I don't know  if you've  got toll  road                                                                   
     authority and  if you're looking  at using it  any place                                                                   
     in the state.                                                                                                              
                                                                                                                                
MR. DOLL said he would be happy to research that question.                                                                      
                                                                                                                                
SENATOR TAYLOR asked Mr. Doll if  DOTPF supports or opposes SB 271                                                              
and asked where the fiscal note is.                                                                                             
                                                                                                                                
MR.  DOLL  said  he  has not  discussed  the  subject  beyond  the                                                              
Southeast  region  so  he  does not  know  what  the  department's                                                              
position  will be. He  thought the  Commissioner  is on record  as                                                              
having said  if a financing  mechanism can  be found, he  would be                                                              
happy to endorse it.                                                                                                            
                                                                                                                                
SENATOR  TAYLOR  said  he  thought  that  was  the  quintessential                                                              
question  of why  Mr.  Doll is  here:  whether  DOTPF supports  or                                                              
opposes the bill.                                                                                                               
                                                                                                                                
SENATOR ELTON said  he is hearing one entity say  no and the other                                                              
say maybe.                                                                                                                      
                                                                                                                                
MR. DOLL  said he did  not come prepared  to testify so  he cannot                                                              
answer the  Senator's question but he  will get an answer  for the                                                              
committee.                                                                                                                      
                                                                                                                                
SENATOR  TAYLOR  asked  if  the committee  failed  to  give  DOTPF                                                              
notification a week ago of this hearing.                                                                                        
                                                                                                                                
CHAIRMAN COWDERY said DOTPF had notice.                                                                                         
                                                                                                                                
SENATOR TAYLOR asked whether DOTPF submitted a fiscal note.                                                                     
                                                                                                                                
CHAIRMAN COWDERY said it did not.  He then announced that he would                                                              
hold the bill in committee until  he has more information from the                                                              
railroad.                                                                                                                       
                                                                                                                                
MS.  CAROL  CARROLL,   Department  of  Natural   Resources  (DNR),                                                              
informed  members  that  DNR  has  before  the  Finance  Committee                                                              
various revenue  generating proposals. Those proposals  might cost                                                              
a little money but they use state lands.                                                                                        
                                                                                                                                
CHAIRMAN COWDERY  asked Ms. Carroll  to provide in writing  a list                                                              
of  all  state  owned  islands  with   high  commercial  value  in                                                              
Southeast Alaska.                                                                                                               
                                                                                                                                
MS. CARROLL  said she  can provide  information  on the amount  of                                                              
state  land in  Southeast  and whether  that  land  is located  on                                                              
islands.                                                                                                                        
                                                                                                                                
SENATOR  ELTON  said DNR  has  that  information because  it  went                                                              
through that exercise with the University lands trust bill.                                                                     
                                                                                                                                
SENATOR WARD  said he  requested from DNR  a description  of state                                                              
land in Southeast and through the  Rail belt, including buildings.                                                              
He then asked about the total amount of state land in Southeast.                                                                
                                                                                                                                
MS. CARROLL  said she did not know  and she does not  know whether                                                              
500,000 acres of state land exists in Southeast.                                                                                
                                                                                                                                
TAPE 02-09, SIDE A                                                                                                              
                                                                                                                                
SENATOR TAYLOR  said there  is not;  the federal government  would                                                              
not allow  the state to  select much  land in Southeast.  He noted                                                              
that Native  villages in Southeast  only got one  township (23,000                                                              
acres)  while  Native  villages  up  North  got  four  because  of                                                              
previous  commitments  made  by  the  federal  government  on  the                                                              
Tongass and how much they would allow to be taken out of it.                                                                    
                                                                                                                                
MS.  CARROLL  informed members  that  DNR  is most  interested  in                                                              
Section  25 of  this bill  - the  section  that transfers  500,000                                                              
acres to  the authority.  That transfer will  be a very  difficult                                                              
one.  DNR  will  get  into  substantial  controversy  about  which                                                              
acreage  to transfer.  The process  will  be arduous  and will  be                                                              
costly. The  revenue generation from  the undeveloped  portions of                                                              
the selected land would not occur  for years into the future. Land                                                              
that is already developed would have  a lease sharing structure so                                                              
that if the land  is leased prior to selection, the  state gets to                                                              
retain the  income. If it is  leased after selection,  that income                                                              
goes to  the authorities. The authority  could select oil  and gas                                                              
properties  as long  as those properties  are  not on a  five-year                                                              
sale schedule.  The authority could  get the subsurface  rights on                                                              
the 500,000 acres.                                                                                                              
                                                                                                                                
SENATOR ELTON asked if intertidal lands could be selected.                                                                      
                                                                                                                                
MS. CARROLL  said the bill does  not say they cannot  be selected.                                                              
She added that DNR opposes this legislation.                                                                                    
                                                                                                                                
SENATOR  TAYLOR asked  if  DNR opposes  the  bill or  was told  to                                                              
oppose it.                                                                                                                      
                                                                                                                                
MS. CARROLL said DNR opposes SB 271.                                                                                            
                                                                                                                                
SENATOR TAYLOR said he found the  footnote on DNR's fiscal note to                                                              
be absolutely  fascinating. That footnote  says it can  be assumed                                                              
that the  Marine Rail Fund will  select the most  valuable parcels                                                              
it can  find with the  effect of  diverting a significant  revenue                                                              
stream out of the general fund where  it would have been available                                                              
for those public  purposes the legislature deemed  most important.                                                              
He asked  what the value  of the  significant revenue  stream from                                                              
500,000 acres is  under DOTPF's management today and  how much DNR                                                              
believes will come  out of the future revenue stream  of the state                                                              
by diverting  the 500,000  acres  that DNR has  done nothing  with                                                              
during the last 30 years of management.                                                                                         
                                                                                                                                
MS. CARROLL replied  DNR does not know the amount  because it does                                                              
not know what would be selected.                                                                                                
                                                                                                                                
SENATOR TAYLOR said  DNR could use the premise  that the authority                                                              
will take the most valuable acreage.                                                                                            
                                                                                                                                
MS. CARROLL  said she  could provide an  example of what  happened                                                              
under the  University lands bill.  The University wanted  a parcel                                                              
close to Denali Park. The University  thought that parcel could be                                                              
sold to the Park  Service for a substantial amount  of money. That                                                              
land was undeveloped but it was worth a lot.                                                                                    
                                                                                                                                
SENATOR TAYLOR  said that was in  the Wolf Townships and  that the                                                              
Governor was  trying to  find a way to  protect the  Toklat wolves                                                              
"for his buddy up  there." In the process, he wanted  to force the                                                              
University to take the land to sell  to some "eco-group" who would                                                              
gift it  to the National  Park Service  to expand the  Denali Park                                                              
boundary north to make certain that  no railroad ever came in from                                                              
the northern  end of the park. He  alleged that had nothing  to do                                                              
with land value but instead had to  do with politics on "the third                                                              
floor."  He asked  Ms. Carroll  if DNR  has a piece  of land  with                                                              
significant  value  in the  marketplace  that might  be  purchased                                                              
rather  than  a  piece  that  will   be  purchased  for  political                                                              
purposes.                                                                                                                       
                                                                                                                                
MS. CARROLL maintained  that the piece of land he  referred to was                                                              
valuable to some people.                                                                                                        
                                                                                                                                
SENATOR  TAYLOR  said it  would  be  very  valuable to  people  in                                                              
Kantishna or  a person who might  want to build a lodge  out there                                                              
but it is still in the ownership of DNR.                                                                                        
                                                                                                                                
MS. CARROLL said it is.                                                                                                         
                                                                                                                                
SENATOR TAYLOR  said, "Let's talk about  some land if you  know of                                                              
any where  a human  being might be  interested in  using it  for a                                                              
business purpose, either harvesting timber or development."                                                                     
                                                                                                                                
MS.  CARROLL informed  members that  DNR  is selling  agricultural                                                              
land that brings a pretty good price.  Most of the Point MacKenzie                                                              
land has  been sold. DNR  is also holding  annual land  sales. The                                                              
parcels that do not get sold during  the initial offering get sold                                                              
over  the counter.  She thought  if  an entity  was interested  in                                                              
getting 500,000  acres, it would be  looking at the things  DNR is                                                              
doing right now.                                                                                                                
                                                                                                                                
SENATOR  TAYLOR said  that was his  assumption  too. He asked  how                                                              
much DNR is bringing  in off of state land sales  today that would                                                              
be lost if the 500,000 acres was given to the authority.                                                                        
                                                                                                                                
MS. CARROLL  said she  does not have  that information  right now.                                                              
She estimated  DNR has brought in  about $4 million from  the sale                                                              
of agricultural lands  over the last couple of  years. She offered                                                              
to bring Senator Taylor a more accurate number.                                                                                 
                                                                                                                                
SENATOR TAYLOR  noted that  if an authority  took all of  the most                                                              
marketable lands that DNR has and  started to sell them, the state                                                              
would lose nothing. DNR would lose  the money to the Department of                                                              
Revenue and to  the general fund. The legislature  would no longer                                                              
have to pay a  subsidy to the AMHS and the ARRC  would not have to                                                              
subsidize its operations from its real estate operations.                                                                       
                                                                                                                                
MS.  CARROLL said  the  land sale  program  in  the department  is                                                              
funded from the sales that occur.  If those lands were transferred                                                              
out, DNR's land sale program would  suffer. She offered to provide                                                              
the committee  with the  types of acreage  it might be  interested                                                              
in.                                                                                                                             
                                                                                                                                
SENATOR TAYLOR pointed out that the  notation on DNR's fiscal note                                                              
claims this  will deprive the state  of a large income  source the                                                              
state has for its future. He asserted  that DNR made $3 million on                                                              
lands  it managed  for  30 years  while  the University  made  $43                                                              
million in the  five years it managed them. He  surmised that some                                                              
other entity  might be  able to  make more  money off of  managing                                                              
land than DNR so  he would not be opposed to giving  it to someone                                                              
with an incentive to make money from.                                                                                           
                                                                                                                                
MS. CARROLL  contended that DNR makes  a lot of money on  the land                                                              
it manages.                                                                                                                     
                                                                                                                                
SENATOR TAYLOR alleged  that DNR does not make  money: the private                                                              
sector makes money and pays DNR for  the permits to use that land.                                                              
He  said he  is speaking  to  land sales  and  allowing people  to                                                              
develop land.                                                                                                                   
                                                                                                                                
MS. CARROLL  acknowledged that DNR  has become better  at managing                                                              
land sales in the  last two years when it when it  began to have a                                                              
revenue stream.                                                                                                                 
                                                                                                                                
SENATOR  TAYLOR  said  he  prompted  that to  a  good  degree,  in                                                              
addition  to  DNR's  timber  sales.  He  said  he  is  proud  that                                                              
incentive is working.                                                                                                           
                                                                                                                                
MS. CARROLL  said the  transfer of future  oil and gas  properties                                                              
that aren't on the five-year schedule  would amount to the loss of                                                              
a substantial amount of money.                                                                                                  
                                                                                                                                
SENATOR  TAYLOR agreed  and said  one small  areawide lease  might                                                              
support the AMHS  forever. He suggested giving  THE AMHS something                                                              
like Alpine or Kuparuk.                                                                                                         
                                                                                                                                
There  being  no  further  questions  for  Ms.  Carroll,  CHAIRMAN                                                              
COWDERY called the next witness to testify.                                                                                     
                                                                                                                                
MR.  HERB   MCDONALD,  Karloff   (ph)  Transportation,   made  the                                                              
following statement.                                                                                                            
                                                                                                                                
     Just here by accident but since  Senator Elton said that                                                                   
     highway  users didn't  pay I  thought  I'd better  bring                                                                   
     that up because  we pay 32½ cents a gallon  and $550 per                                                                   
     vehicle. But  I think the real issue is  controlling the                                                                   
     subsidy. If it - whatever that  is on highways, whatever                                                                   
     it is on the marine highway,  you as our representatives                                                                   
     know what that  subsidy is and you control  it. With the                                                                   
     railroad, you don't control  that. I think the gentleman                                                                   
     said they get  11½ million real estate and  make about 6                                                                   
     million.  I'm sure  you could  hire that  out for  about                                                                   
     500,000 - 5 or 10 percent and  get that done. And if you                                                                   
     throw  the other  50, 60, 70  million a  year in  there,                                                                   
     that's a pretty big subsidy  that you guys don't control                                                                   
     so that  - to me  that's the issue  and I think  putting                                                                   
     land to subsidize an operation is a bad thing to do.                                                                       
                                                                                                                                
CHAIRMAN COWDERY asked Mr. McDonald  how much his company pays per                                                              
year in  licensing fees  and fuel  or other taxes  for use  of the                                                              
highway.                                                                                                                        
                                                                                                                                
MR. MCDONALD estimated about $400,000 to $500,000.                                                                              
                                                                                                                                
SENATOR  TAYLOR said  he agrees with  Mr. McDonald  but said  that                                                              
unfortunately, with  the way the  railroad was created, it  is not                                                              
totally  under the  legislature's  jurisdiction.  He informed  Mr.                                                              
McDonald   that  DOTPF   creates   the  Statewide   Transportation                                                              
Improvement  Plan (STIP),  which establishes  the manner  in which                                                              
all  highways will  be  constructed, and  the  legislature has  no                                                              
oversight other than whether to fund it.                                                                                        
                                                                                                                                
MR.  MCDONALD said  he does  not mean  to be  negative toward  the                                                              
railroad or  the marine highway  and actually believes  the marine                                                              
highway should be  free to passengers because it  is a highway. He                                                              
felt the legislature should be making  the decision about how much                                                              
to subsidize.                                                                                                                   
                                                                                                                                
SENATOR TAYLOR  again said  he agrees with  Mr. McDonald  and then                                                              
said those trying to do business  in Southeast Alaska not only pay                                                              
the  $400,000  but also  more  than  50  percent  of the  cost  of                                                              
operating a  ferry. Sometimes the  ferry doesn't show up  or three                                                              
show up on  the same day going  in the same direction.  He said if                                                              
DOTPF would  give Southeast  one-half  the cost  per mile that  is                                                              
currently spent on roads up north,  the marine highway's operating                                                              
budget would increase by about 40 percent.                                                                                      
                                                                                                                                
MR. MCDONALD said he is not qualified  to argue that. He commented                                                              
that when he puts  a trailer on the ferry, he  is not burning fuel                                                              
and  paying   32  cents   per  mile   so  maybe   there  is   some                                                              
justification.                                                                                                                  
                                                                                                                                
SENATOR TAYLOR  said that  is true  but he  is paying through  the                                                              
nose to put  a trailer on the  ferry and would not do  so if there                                                              
was any way to use a road.                                                                                                      
                                                                                                                                
MR. MCDONALD said if there is a road there shouldn't be a ferry.                                                                
                                                                                                                                
SENATOR TAYLOR  said roads  run parallel to  the ferries  all over                                                              
Southeast and there are roads to Valdez and Seward.                                                                             
                                                                                                                                
MR. MCDONALD  said he believes  the ferry  should go from  a large                                                              
port to places like Kodiak and Cordova,  where there are no roads.                                                              
                                                                                                                                
SENATOR TAYLOR  noted that the  original mission statement  of the                                                              
AMHS said  roads would be  developed that would  be interconnected                                                              
to a shuttle ferry system. He stated,  "It's only since these guys                                                              
got here  that they totally changed  the mission statement  of the                                                              
marine highway  system and they're  still going to run  every boat                                                              
they can from Bellingham to Skagway and back."                                                                                  
                                                                                                                                
CHAIRMAN COWDERY  announced the  committee would  hold SB  271 and                                                              
its companion  bill, SJR 32, in  committee until a later  date. He                                                              
then adjourned the meeting at 3:30 p.m.                                                                                         

Document Name Date/Time Subjects