Legislature(2015 - 2016)

2015-02-11 Senate Journal

Full Journal pdf

2015-02-11                     Senate Journal                      Page 0195
SB 50                                                                                                                         
SENATE BILL NO. 50 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to the programs and bonds of the                                                                     
          Alaska Industrial Development and Export Authority;                                                                   
          related to the financing authorization through the                                                                    

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          Alaska Industrial Development and Export Authority                                                                    
          of a liquefied natural gas production plant and natural                                                               
          gas energy projects and distribution systems in the                                                                   
          state; amending and repealing bond authorizations                                                                     
          granted to the Alaska Industrial Development and                                                                      
          Export Authority; and providing for an effective                                                                      
          date."                                                                                                                
                                                                                                                                
was read the first time and referred to the Senate Special Committee                                                            
on Energy, Resources and Finance Committees.                                                                                    
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Commerce, Community                                                                     
  and Economic Development                                                                                                      
                                                                                                                                
Governor's transmittal letter dated February 10:                                                                                
                                                                                                                                
Dear President Meyer:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to the programs of the                                                          
Alaska Industrial Development and Export Authority (AIDEA). The                                                                 
bill would increase the dollar amount limitations imposed on AIDEA                                                              
in bond and loan participation programs. The bill also would amend                                                              
provisions relating to the authority of AIDEA to advance a liquefied                                                            
natural gas production plant and natural gas energy projects and                                                                
distribution systems in the state. Additionally, the bill would repeal                                                          
eight bond authorizations for AIDEA that it has not used and does not                                                           
intend to use.                                                                                                                  
                                                                                                                                
AIDEA is subject to dollar limits that it cannot exceed without                                                                 
obtaining approvals from the Legislature or local governmental                                                                  
bodies. The dollar amount limitations restrict the bonds that AIDEA                                                             
may issue under its loan participation program or under its                                                                     
development finance program, and they limit the loan participations                                                             
AIDEA can purchase from its own funds that are not derived from                                                                 
bond proceeds.                                                                                                                  
                                                                                                                                
The bill would amend AS 44.88.155 to authorize AIDEA to issue up                                                                
to $25,000,000 in bonds for loan participations without the necessity                                                           
of obtaining prior legislative approval. The amendment to                                                                       

2015-02-11                     Senate Journal                      Page 0197
AS 44.88.155 also would allow AIDEA to purchase loan                                                                            
participations up to $25,000,000 out of AIDEA's enterprise                                                                      
development account without the use of bond proceeds. The                                                                       
$25,000,000 limit established in the bill's amendment is a $5,000,000                                                           
increase over the existing limit now in effect.                                                                                 
                                                                                                                                
The bill also would amend AS 44.88.095(g) to authorize AIDEA to                                                                 
issue up to $25,000,000 in bonds for development finance projects                                                               
without the necessity of obtaining prior legislative approval. The                                                              
$25,000,000 amount set in this section of the bill is a $15,000,000                                                             
increase over the existing limit now in the statute.                                                                            
                                                                                                                                
In addition, the bill revises AIDEA's dollar limit on issuing bonds for                                                         
a project without obtaining a certified resolution from the local                                                               
governing body or the Regional Resource Advisory Council                                                                        
consenting to the location of the project. The $10,000,000 limit in the                                                         
bill is an increase over the present $6,000,000 limit in                                                                        
AS 44.88.095(c).                                                                                                                
                                                                                                                                
The dollar limits on AIDEA's bonding authority and loan participation                                                           
purchases were established years ago and have not been adjusted for                                                             
inflation. AIDEA needs to have its limits increased to keep pace with                                                           
inflation and to better reflect the current finance market environment.                                                         
Also, increasing the limits on AIDEA's bonding authority and on its                                                             
loan participations will allow AIDEA to finance larger projects and                                                             
thereby better fulfill its mission of promoting economic development                                                            
in the state. The existing bonding limits imposed on AIDEA have                                                                 
lessened its ability to utilize bonding as a financing tool due to the                                                          
time it takes to get authorization from the Legislature and to go                                                               
through the local government approval process.                                                                                  
                                                                                                                                
The bill would amend AIDEA's authorization with respect to                                                                      
financing a liquefied natural gas production facility and affiliated                                                            
infrastructure. The original enactment (Chap. 26, SLA 2013)                                                                     
authorized AIDEA to provide up to $275,000,000 in financing under                                                               
the sustainable energy transmission and supply development (SETS)                                                               
program for a liquefied natural gas production plant on the North                                                               
Slope and for a natural gas distribution system in Interior Alaska. The                                                         
bill would expand the authority to allow for the development,                                                                   
construction, and installation of, and the startup costs of operation and                                                       

2015-02-11                     Senate Journal                      Page 0198
maintenance for, a liquefied natural gas production plant and affiliated                                                        
infrastructure and natural gas energy projects and distribution systems                                                         
and affiliated infrastructure in the state. This broadening of AIDEA's                                                          
authorization would allow AIDEA the flexibility to finance projects                                                             
designed to address energy needs in the state.                                                                                  
                                                                                                                                
In addition, the bill would repeal eight prior bond authorizations that                                                         
AIDEA has not used or, in one case, only partially used. These bond                                                             
authorizations were for projects that did not proceed or that went                                                              
forward without using bond financing or the full amount of bond                                                                 
financing authorized. The eight bond authorizations the bill would                                                              
repeal are:                                                                                                                     
                                                                                                                                
          (1)      1992 authorization to issue $85,000,000 in bonds for                                                         
                   aircraft maintenance facilities at the Anchorage                                                             
                   International Airport; AIDEA issued $28,000,000 in                                                           
                   bonds to finance the FedEx maintenance hangar at                                                             
                   the airport, but never issued the remaining                                                                  
                   $57,000,000 in authorized bonds, and the                                                                     
                   $28,000,000 in bonds AIDEA actually issued have                                                              
                   now been fully repaid;                                                                                       
                                                                                                                                
          (2)      1993 authorization, amended in 1996, to issue                                                                
                   $50,000,000 in bonds for bulk commodity port                                                                 
                   facilities located within Cook Inlet;                                                                        
                                                                                                                                
          (3)      1993 authorization to issue $50,000,000 in bonds for                                                         
                   a seafood processing facility in Anchorage;                                                                  
                                                                                                                                
          (4)      1995 authorization to issue $20,000,000 in bonds to                                                          
                   finance the Kodiak rocket launch complex and                                                                 
                   tracking station;                                                                                            
                                                                                                                                
          (5)      1998 authorization to issue $80,000,000 in bonds to                                                          
                   expand and modify AIDEA's existing port facilities                                                           
                   connected to the DeLong Mountain transportation                                                              
                   system and to add new facilities to DeLong Mountain                                                          
                   transportation system, which serve the Red Dog Mine                                                          
                   in the Northwest Arctic Borough;                                                                             
                                                                                                                                

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          (6)      1998 authorization to issue $30,000,000 in bonds to                                                          
                   finance improvements to the Nome port facilities;                                                            
                                                                                                                                
          (7)      1998 authorization, amended in 2006, to issue                                                                
                   $25,000,000 in bonds to finance the development of                                                           
                   Hatcher Pass in the Matanuska-Susitna Borough; and                                                           
                                                                                                                                
          (8)      2004 authorization to issue $20,000,000 in bonds to                                                          
                   finance the development of a port and related                                                                
                   facilities at Slate Creek and Cascade Point on Lynn                                                          
                   Canal in Southeast Alaska.                                                                                   
                                                                                                                                
Repealing these "stale" authorizations would allow AIDEA to remove                                                              
them from AIDEA's financial statements and disclosure statements,                                                               
which would strengthen AIDEA's creditworthiness and its position                                                                
with the bond-rating agencies and put AIDEA in a better position to                                                             
proceed with providing financing for a liquefied natural gas                                                                    
production and distribution system and natural gas energy projects and                                                          
distribution systems in the state.                                                                                              
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor