Legislature(2013 - 2014)BARNES 124

03/27/2013 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 175 ELECTRONIC POSTING OF INSURANCE POLICIES TELECONFERENCED
Moved CSHB 175(L&C) Out of Committee
*+ HB 125 TOPICAL EYE MEDS PRESCRIPTION REFILLS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 74 AIDEA: LNG PROJECT; DIVIDENDS; FINANCING TELECONFERENCED
Moved CSHB 74(L&C) Out of Committee
         HB 74-AIDEA: LNG PROJECT; DIVIDENDS; FINANCING                                                                     
                                                                                                                                
4:08:44 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business  would be                                                              
HOUSE  BILL  NO.  74, "An  Act  relating  to  development  project                                                              
financing  by   the  Alaska  Industrial  Development   and  Export                                                              
Authority; relating  to the dividends  from the Alaska  Industrial                                                              
and   Export   Authority;  authorizing   the   Alaska   Industrial                                                              
Development and  Export Authority  to provide financing  and issue                                                              
bonds for  a liquefied natural  gas production system  and natural                                                              
gas distribution system; and providing for an effective date."                                                                  
                                                                                                                                
4:09:01 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  explained that  the committee  previously heard  this                                                              
bill and  public testimony  has  been closed.   He explained  that                                                              
the liquefied  natural gas (LNG)  and trucking of LNG  and propane                                                              
was removed  from this  bill, and  therefore  what remains  in the                                                              
proposed committee  substitute (CS) for HB 74 is  the authority to                                                              
allow  the  Alaska Industrial  Development  and  Export  Authority                                                              
(AIDEA) the ability to provide direct financing on projects.                                                                    
                                                                                                                                
4:09:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  moved to  adopt  the proposed  committee                                                              
substitute (CS)  for HB 74, labeled 28-GH1738\N,  Bailey, 3/20/13,                                                              
as the working document.                                                                                                        
                                                                                                                                
CHAIR OLSON objected for the purpose of discussion.                                                                             
                                                                                                                                
4:10:08 PM                                                                                                                    
                                                                                                                                
TED LEONARD, Executive  Director, Alaska Industrial  Development &                                                              
Export  Authority (AIDEA),  Department of  Commerce, Community,  &                                                              
Economic Development (DCCED), introduced himself.                                                                               
                                                                                                                                
MARK   R.DAVIS,  Deputy   Director,  Infrastructure   Development,                                                              
Alaska  Industrial  Development   and  Export  Authority  (AIDEA),                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED), introduced himself.                                                                                                    
                                                                                                                                
MR. LEONARD  summarized that  for the past  three years  AIDEA has                                                              
been  working with  the legislature  to help  modernize the  tools                                                              
AIDEA has to use.   He offered his belief that  this bill contains                                                              
one tool  to assist AIDEA in  development projects.   This vehicle                                                              
will  assist  AIDEA  in  working  with  the  banking  industry  in                                                              
Alaska,  as partners  on development  projects.   For example,  he                                                              
related that  AIDEA's loan participation  program has  been wildly                                                              
successful,  with  over  $468  million  of  financing  for  Alaska                                                              
businesses.   He offered  his belief  that this  tool will  assist                                                              
AIDEA  in moving forward  with banks  and by  helping AIDEA  match                                                              
financing to  specific projects.   He explained in  some instances                                                              
AIDEA  should  own   a  portion  of  a  project,   such  as  major                                                              
infrastructure   industrial  road   projects  in  which   numerous                                                              
entities use  the project.  However,  in some instances,  it makes                                                              
more sense  for AIDEA  to promote  the project through  financing.                                                              
Certainly, reasons  exist in which AIDEA  would not want  to own a                                                              
portion of the projects,  such as for mineral projects.   In those                                                              
instances,  AIDEA might  be involved  in  promoting a  mill in  an                                                              
area to  provide major  resource development;  however, AIDEA  may                                                              
not  want to  take  on environmental  risks.    As the  financier,                                                              
AIDEA's role  is as the lender  but not in dismantling  a project,                                                              
reclamation  of tailings, or  other aspects  of a mining  project.                                                              
He  concluded  that  this  direct   financing  will  provide  risk                                                              
mitigation  since  AIDEA  would  not  be  involved  as  an  owner.                                                              
Finally, he  offered that this tool  will be a very  efficient and                                                              
effective  vehicle to  work with  Alaska's financial  institutions                                                              
to promote projects in Alaska.                                                                                                  
                                                                                                                                
4:13:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  was unsure of  what it meant  to finance                                                              
a project  but not own  it.  He  understood the economic  or legal                                                              
reasons, but he was unsure of the separation.                                                                                   
                                                                                                                                
MR. DAVIS replied  he believes AIDEA's issue is not  to avoid risk                                                              
but  to manage  risk.    He explained  that  when  investing in  a                                                              
large-scale  project that  may be extended,  the financing  entity                                                              
does  not have  any  day-to-day authority  over  the project,  but                                                              
could  become unintentionally  liable for  an operator's  mistake.                                                              
Therefore,  traditionally, lenders  don't have  liability for  the                                                              
project,  but owners  do.   Further, if  AIDEA were  to act  as an                                                              
owner,  AIDEA would  need  to engage  in  more transaction  costs,                                                              
which  are costs that  don't move  the project  forward, but  cost                                                              
the state money.                                                                                                                
                                                                                                                                
CHAIR OLSON  provided an example  in which  AIDEA owns a  rig, but                                                              
every time  it is used  the rig hits gas.   He offered  his belief                                                              
the company is on its fourth well.                                                                                              
                                                                                                                                
MR. LEONARD  clarified that  AIDEA has  collateral on  Buccaneer's                                                              
rig moving out, but not for the on-land operation.                                                                              
                                                                                                                                
4:15:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  recalled  that  AIDEA  participates  in                                                              
loan assistance programs.                                                                                                       
                                                                                                                                
MR.  LEONARD  answered   that  AIDEA  has  three   main  programs,                                                              
including  the   loan  participation   program,  in   which  AIDEA                                                              
partners with  banks on loans.   He summarized that AIDEA  can buy                                                              
up to  90 percent  of the  loan up  to $20  million.  In  essence,                                                              
AIDEA  partners with  banks on  these loans  to provide  long-term                                                              
financing.   In  response  to a  question,  he  clarified that  is                                                              
different than direct financing.                                                                                                
                                                                                                                                
MR.  LEONARD  explained   that  the  second  program   is  AIDEA's                                                              
development  financing,  in  which AIDEA  provides  financing  for                                                              
projects,  but must  have  an ownership  stake.    Thus AIDEA  can                                                              
either invest  in a  project via  a limited liability  corporation                                                              
(LLC) or  have direct ownership.   Over  the last couple  of years                                                              
one of the tools  AIDEA has worked with the committee  on has been                                                              
the ability  to own  investments through  corporations instead  of                                                              
direct  ownership.    Third,  AIDEA   can  also  issue  bonds  for                                                              
projects  using   its  revenue  bond  or  conduit   bond  program.                                                              
However,  this  bill would  allow  AIDEA  the ability  to  provide                                                              
financing for  projects and instead  of having an  ownership stake                                                              
in  a  project,  AIDEA would  provide  direct  financing  for  the                                                              
project - with no  intention of direct ownership -  or AIDEA could                                                              
provide guarantees  on a project.   For example, if a  bank wanted                                                              
to partner  with AIDEA,  the corporation  could layer  a guarantee                                                              
of the financing for the project.                                                                                               
                                                                                                                                
MR. DAVIS concurred.                                                                                                            
                                                                                                                                
4:18:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked  if  this  bill  is  not  passed,                                                              
whether AIDEA would  still consider ownership in  projects such as                                                              
the Niblack  Project in  Southeast Alaska or  whether the  lack of                                                              
direct financing would end the possibility of involvement.                                                                      
                                                                                                                                
MR. LEONARD  said it becomes  a potential  in how to  consider the                                                              
project, since  risk assessment is a  portion of the project.   It                                                              
could  change the  cost of  the financing;  however, he  suggested                                                              
that changing  this  type of financing  tool  does not change  the                                                              
projects  or the amount  of the  investment.   Instead, this  bill                                                              
provides   a  tool  that   AIDEA  believes   is  more   effective.                                                              
Therefore,   no;  it   would  not   change   AIDEA's  ability   to                                                              
participate in the  Niblack Project, but it would  carry more risk                                                              
with the financing of the project.                                                                                              
                                                                                                                                
MR.  LEONARD  recalled  an advantage  previously  discussed,  such                                                              
that with  direct financing  the transactional  cost is  much less                                                              
than for ownership.   He explained AIDEA would need  to spend more                                                              
money  to write  up,  in essence,  a  partnership,  than it  would                                                              
spend through  direct financing, and  as Mr. Davis  mentioned, all                                                              
different scenarios  must be  considered when  AIDEA is  a partner                                                              
versus being limited as a financier.                                                                                            
                                                                                                                                
4:20:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  what  other development  projects                                                              
AIDEA is considering  for direct financing.  The one  that came to                                                              
his mind was the rare earth project.                                                                                            
                                                                                                                                
                                                                                                                                
MR.  DAVIS answered  that AIDEA  is  considering direct  financing                                                              
for  any  industrial   plant  it  may  wish  to   finance  due  to                                                              
operational issues,  as well as  for financing opportunities.   He                                                              
stated that  AIDEA might not do  a project because AIDEA  tries to                                                              
work with  the private sector,  and with project  financing, AIDEA                                                              
can attract  commercial bank  financing; however,  if AIDEA  is an                                                              
owner,  it  seeks  equity partners  such  as  investment  banking.                                                              
Thus,  AIDEA would  be limited  in the  type of  banking it  could                                                              
approach.   Thus, AIDEA  would tend to  use direct financing  when                                                              
it would  like to work  with commercial  banks; and  use financing                                                              
when  it would  like  to invest  in  a plant  or  facility with  a                                                              
limited  life.   Additionally, as  Mr. Leonard  said, AIDEA  would                                                              
invest when  it did not see a  purpose for state ownership  of the                                                              
infrastructure,  but again,  as previously  mentioned with  a road                                                              
with access needed,  AIDEA may wish to require  ownership interest                                                              
in order to require the influence.                                                                                              
                                                                                                                                
4:22:05 PM                                                                                                                    
                                                                                                                                
MR.  LEONARD outlined  three  projects  AIDEA would  consider  for                                                              
direct financing,  including Ucore,  Prince of Wales;  Niblack; or                                                              
oil production  facilities and industrial facilities,  which would                                                              
be more effective with direct financing than with ownership.                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  recalled  that  AIDEA has  done  direct                                                              
financing with hotels and office buildings.                                                                                     
                                                                                                                                
MR. LEONARD answered yes.                                                                                                       
                                                                                                                                
MR.  DAVIS  clarified  the projects  in  question  really  weren't                                                              
direct  financing, but  loan  participation  since those  projects                                                              
are tied  to commercial real estate  and cannot be used  for other                                                              
purposes;  however,  it is  difficult  since AIDEA  needs  secured                                                              
interest which  is easier to do  with real estate since  it has an                                                              
appraised  value than  with a chattel.   He  clarified that  AIDEA                                                              
has  participated  in  hotels  and   bed-and-breakfast  operations                                                              
throughout   the   state   and    on   investment   through   loan                                                              
participation  in  a  production  facility  in  Sitka.    He  also                                                              
mentioned  AIDEA  has  office  building   projects  in  Fairbanks,                                                              
Anchorage, and Juneau.                                                                                                          
                                                                                                                                
4:23:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether  Mr. Davis has a  sense of                                                              
the  reason   the  enabling  act   for  AIDEA  restricted   it  to                                                              
development projects with an ownership interest.                                                                                
                                                                                                                                
MR.  DAVIS  answered  that his  research  indicated  that  AIDEA's                                                              
statutes  were based  on a  West  Virginia development  authority,                                                              
using a  model of project  ownership.   It appears this  model was                                                              
popular in  the 60s and 70s; however,  there has been  a change in                                                              
the U.S.  such that  New Jersey,  Massachusetts, and Indiana  have                                                              
moved  to  project  financing.   That  doesn't  mean  that  having                                                              
ownership interest  isn't a  bad tool, so  AIDEA is  merely asking                                                              
to have all the tools.                                                                                                          
                                                                                                                                
4:24:30 PM                                                                                                                    
                                                                                                                                
MR.  LEONARD explained  that AIDEA  can  still influence  projects                                                              
with direct  financing if a state  interest exists.   For example,                                                              
one  of  the  reasons  to have  ownership  of  the  rig  mentioned                                                              
earlier  was to  keep it in  Alaska waters.   He  said that  could                                                              
still  be done  with  direct financing  through  contracts in  the                                                              
loans.                                                                                                                          
                                                                                                                                
MR.  DAVIS  offered  his  belief   that  not  moving  out  of  the                                                              
jurisdiction would represent a reasonable commercial covenant.                                                                  
                                                                                                                                
4:25:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD moved  to report  the proposed  committee                                                              
substitute (CS)  for HB 74, labeled 28-GH1838\N,  Bailey, 3/20/13,                                                              
out  of   committee  with   individual  recommendations   and  the                                                              
accompanying   fiscal   notes.     There   being   no   objection,                                                              
CSHB 74(L&C)  was  reported  from  the House  Labor  and  Commerce                                                              
Standing Committee.                                                                                                             

Document Name Date/Time Subjects
HB175 ver C.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB175 Sponsor Statement.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB175 Fiscal Note-DCCED-DOI-03-22-13.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB175 Supporting Documents-AK PGR Policy Contract.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB175 Supporting Documents-Letter NAMIC 3-26-2013.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB175 Supporting Documents-Sample Declaration Page.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB175 Supporting Documents-Written Testimony of Joshua M Zielaskiewicz.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB175 Draft Proposed CS ver O.pdf HL&C 3/27/2013 3:15:00 PM
HB 175
HB125 ver N.pdf HL&C 3/27/2013 3:15:00 PM
HB 125
HB125 Sponsor Statement.pdf HL&C 3/27/2013 3:15:00 PM
HB 125
HB125 Fiscal Note-DCCED-DOI-03-26-13.pdf HL&C 3/27/2013 3:15:00 PM
HB 125
HB125 Fiscal Note-DOA-DRB-3-22-13.pdf HL&C 3/27/2013 3:15:00 PM
HB 125
HB125 Supporting Documents-Letter Alaska Optometric Association 2-26-2013.pdf HL&C 3/27/2013 3:15:00 PM
HB 125
HB125 Supporting Documents-Letter Amerian Academy of Opthalmology 2-25-2013.pdf HL&C 3/27/2013 3:15:00 PM
HB 125
HB125 Opposing Documents-Letter Premera 3-12-2013.pdf HL&C 3/27/2013 3:15:00 PM
HB 125
HB74 Draft Proposed CS ver N.PDF HL&C 3/27/2013 3:15:00 PM
HB 74
HB74 Supporting Documents-Letter Heatherdale Resources 3-25-2013.pdf HL&C 3/27/2013 3:15:00 PM
HB 74
HB74 Supporting Documents-Letter Ucore 3-26-2013.PDF HL&C 3/27/2013 3:15:00 PM
HB 74
HB175 Draft Proposed Amendment O.1.PDF HL&C 3/27/2013 3:15:00 PM
HB 175