Legislature(2011 - 2012)BELTZ 105 (TSBldg)

03/31/2011 02:00 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Note Meeting Time Change --
+ Governor's Appointments TELECONFERENCED
+ HB 119 AIDEA: PROCUREMENT; PROJECTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled, including: TELECONFERENCED
+= SB 40 USE OF RECORDED MESSAGES TELECONFERENCED
Moved CSSB 40(L&C) Out of Committee
+= SB 51 STATE VENDING LICENSES TELECONFERENCED
Moved CSSSSB 51(L&C) Out of Committee
+= SB 32 APPROP: ALTERNATIVE ENERGY REV. LOAN FUND TELECONFERENCED
Moved SB 32 Out of Committee
+= HB 13 WORKERS' COMPENSATION: MEDICAL FEES TELECONFERENCED
Moved HB 13 Out of Committee
              HB 119-AIDEA: PROCUREMENT; PROJECTS                                                                           
                                                                                                                                
2:23:07 PM                                                                                                                    
CHAIR  EGAN announced  HB 119  to be  up for  consideration [CSHB
119(EDT), version 27-GH1745\M, was  before the committee]. It was                                                               
introduced   by  the   House   Special   Committee  on   economic                                                               
Development, Trade,  and Tourism by  request of the  Governor. He                                                               
said it was being presented by the administration.                                                                              
                                                                                                                                
MARK DAVIS,  Economic Development Officer, Alaska  Industrial and                                                               
Development   and  Export   Authority   (AIEDA),  Department   of                                                               
Commerce, Community  and Economic Development  (DCCED), explained                                                               
that this  bill provides  for expansion of  the type  of projects                                                               
that AIDEA can currently finance.  Presently, AIDEA is authorized                                                               
to provide financing for  natural resource development, industry,                                                               
tourism  infrastructure and  energy. Those  four categories  have                                                               
not been  changed since 1993 and  one major purpose of  this bill                                                               
is the  modernization and clarification  of some of  the projects                                                               
AIDEA  could now  engage in.  Without  the changes  in CSHB  119,                                                               
AIDEA could  not finance new  sectors of the Alaska  economy such                                                               
as  communications or  health care.  Additionally,  AIDEA is  now                                                               
prevented   from   providing   financial  support   for   federal                                                               
facilities  and they  cannot support  the military  or the  Coast                                                               
Guard in their endeavor to build  new facilities in the state. In                                                               
the last year, AIDEA has been  approached by a health care clinic                                                               
in rural  Alaska and by the  U.S. Coast Guard; in  both instances                                                               
AIDEA approached  the Department  of Law  to see  whether current                                                               
statutes would  let them  build those  facilities and  lease them                                                               
back to the federal government,  and the answer in both instances                                                               
was no.  He said  the support  of the  military has  an important                                                               
role for economic development in Alaska.                                                                                        
                                                                                                                                
2:25:44 PM                                                                                                                    
Additionally,  he explained  that  CSHB 119  authorizes AIDEA  to                                                               
better create  public/private partnerships  or what  are commonly                                                               
known as  PPPs; it  does so  by permitting  the Authority  to own                                                               
part of  a project through the  use of a limited  liability (LLC)                                                               
company or  through a corporation.  The reason is as  they worked                                                               
with  private  developers  over  the last  year  they  have  been                                                               
approached several times with the idea  of AIDEA owning part of a                                                               
project,  which they  are  allowed to  do by  statute,  not in  a                                                               
partnership  but through  an  LLC. That  is  based on  liability,                                                               
insurance and  financing issues unfortunately, because  they were                                                               
also advised by the Department  of Law that presently they cannot                                                               
be a member of  an LLC. The bill seeks to change  that, so in the                                                               
future they can  own part of a project through  an LLC that would                                                               
also let  them divest of  that investment more rapidly  once that                                                               
project  was  in  good  enough   shape  to  go  entirely  to  the                                                               
predecessor. This is  one major of goal of  AIDEA's new strategic                                                               
plan -  to hold things  for only a period  of time, have  an exit                                                               
strategy and get some backing in the private sector.                                                                            
                                                                                                                                
Another  portion  of  CSHB  119   lets  AIDEA  create  subsidiary                                                               
corporations. The  purpose of letting  AIDEA create  a subsidiary                                                               
is that  it could  own a project,  particular one  developing new                                                               
technology, and  the AIDEA board  would be allowed to  grant that                                                               
subsidiary  the  powers to  own  a  project  or to  have  bonding                                                               
authority, whatever is  needed to get it going; but  should it be                                                               
successful, it would  be their intent to spin  off the subsidiary                                                               
corporation back into the private sector  as soon as it is ready.                                                               
A subsidiary corporation  is an excellent way to  sell a project,                                                               
because  it can  be done  through selling  shares rather  than an                                                               
asset sale.                                                                                                                     
                                                                                                                                
The other thing  CSHB 119 does is it allows  AIDEA to develop its                                                               
own  procurement regulations.  At  present, it  doesn't have  any                                                               
procurement  regulations;  they  are   under  the  Department  of                                                               
Administration for the procurement  of services and equipment and                                                               
under the Department of Transportation  and Public Facilities for                                                               
construction.  There   are  certain   exemptions  in   the  AIDEA                                                               
statutes,  for example  the Healy  Clean Coal  Plant is  entirely                                                               
exempt  from the  Procurement  Code. Mr.  Davis  said they  would                                                               
prefer to be  under a single set of  regulations for procurement.                                                               
In that  regard, they have the  support of Vern Jones,  the chief                                                               
procurement  officer for  the  Department  of Administration  and                                                               
Mark O'Brien, the  chief contracts officer for  the Department of                                                               
Transportation  and Public  Facilities. Both  of those  gentlemen                                                               
who have oversight  over AIDEA think this is a  better way to go.                                                               
This provision,  which is an  amendment to the  Procurement Code,                                                               
is identical to  the authority now granted to  the Alaska Housing                                                               
Finance  Corporation (AHFC)  and  the Knik  Arm  Bridge and  Toll                                                               
Authority  (KABATA).  So, they  would  be  treated in  a  similar                                                               
fashion as other public corporations in the state.                                                                              
                                                                                                                                
Saying  that,  Mr. Davis  said  he  didn't mean  the  regulations                                                               
wouldn't  follow the  spirit of  the Procurement  Code; in  fact,                                                               
this is an amendment to it.  So, they would be required to follow                                                               
competitive  bidding  processes  and   all  the  provisions.  The                                                               
difference would be for appeals; if  it's a bid for supplies that                                                               
appeal  goes  to  the  commissioner  of  the  DOA;  if  it's  for                                                               
construction it goes  to the commissioner of DOTPF.  And at times                                                               
there  has  been  confusion  between   the  two.  Now  under  the                                                               
regulations. a  bid appeal would go  to the AIDEA board  and they                                                               
would hear  it in a  public process;  all the board  meetings are                                                               
recorded,  people are  allowed to  call in  if they  can't appear                                                               
personally. It's  a pretty  open and  transparent process  to put                                                               
forward a bid.                                                                                                                  
                                                                                                                                
2:29:45 PM                                                                                                                    
Finally, he said  there has been a proposal to  amend this by the                                                               
AHFC with  regard to their need  to create a subsidiary.  He said                                                               
he had  been authorized to  tell them that the  administration is                                                               
comfortable with the proposed amendment by the AHFC.                                                                            
                                                                                                                                
SENATOR  MENARD asked  how  thorough  he was  in  adding the  new                                                               
categories. Would  he come back  to the legislature in  two years                                                               
to ask for another category?                                                                                                    
                                                                                                                                
MR.  DAVIS replied  that that  is an  excellent question  and the                                                               
genesis  of the  amendment to  AS 44.88.909  is based  on AIDEA's                                                               
strategic  plan,   specifically  page   33,  that   working  with                                                               
consultants   and   the   public  process   (polling   businesses                                                               
throughout the  state and having  public meetings)  developed the                                                               
list  over the  course  of a  year.  It includes  transportation,                                                               
communications,     community/public      purposes,     technical                                                               
innovations, prototype, commercial  applications, or intellectual                                                               
property  or planning  a facility  used for  a federal  facility.                                                               
It's pretty  comprehensive and reflects the  actual projects that                                                               
have  been brought  in  to  AIDEA over  the  last  two years.  It                                                               
reflects the views  of both the business,  banking and government                                                               
communities.                                                                                                                    
                                                                                                                                
SENATOR MENARD said  she appreciated that this  could benefit the                                                               
state's field  of technology,  which would  be beneficial  to the                                                               
economy. She asked who makes up  the board members since he wants                                                               
to increase it from five to seven members.                                                                                      
                                                                                                                                
MR.  DAVIS replied  that the  expansion  of the  AIDEA board  was                                                               
passed by  the legislature  last year, but  it has  recently been                                                               
implemented.   Previously,  it   had  three   government  members                                                               
(commissioners) and  two public  members; it  now has  two public                                                               
members - the  commissioner of DCCED and the  commissioner of DOR                                                               
- joined by five private members. It's working very well.                                                                       
                                                                                                                                
CHAIR  EGAN  asked  if  he  wanted to  talk  about  the  proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
MR. DAVIS deferred to Ms. Shubert.                                                                                              
                                                                                                                                
2:33:54 PM                                                                                                                    
STACY   SHUBERT,  Director,   Government  Relations   and  Public                                                               
Affairs, Alaska Housing Finance  Corporation (AHFC), thanked them                                                               
for  the opportunity  for  introducing  the conceptual  amendment                                                               
that would allow  for AHFC to create a  subsidiary corporation as                                                               
well. Currently,  more than 7,000  families are on the  wait list                                                               
for AHFC rental assistance statewide,  clearly a difficult issue.                                                               
AHFC's mission  is to  provide Alaskans  access to  safe, quality                                                               
and affordable  housing. Currently, they  are unable to  become a                                                               
development  partner with  private entities  in the  acquisition,                                                               
creation  and   development  of   affordable  housing   and  they                                                               
understand that  nearly $4 million  is available  through federal                                                               
funds.  With the  creation of  a subsidiary  corporation such  as                                                               
this,  that could  be leveraged  to create  additional affordable                                                               
housing  in  Alaska.  That  is   what  they  hope  the  amendment                                                               
accomplishes.                                                                                                                   
                                                                                                                                
CHAIR EGAN  thanked everyone for  their comments and said  HB 119                                                               
would be held for the amendment to be added.                                                                                    
                                                                                                                                
2:35:39 PM                                                                                                                    
Finding no further  business to come before  the committee, Chair                                                               
Egan adjourned the meeting at 2:35 p.m.                                                                                         

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