Legislature(2023 - 2024)ADAMS 519

05/03/2024 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 187 APPROP: CAP; REAPPROP; SUPP TELECONFERENCED
Moved HCS CSSB 187(FIN) AM Out of Committee
+= HB 307 INTEGRATED TRANSMISSION SYSTEMS TELECONFERENCED
Moved CSHB 307(FIN) Out of Committee
+ SB 118 CRITICAL NATURAL RESOURCES; REPORTS TELECONFERENCED
Heard & Held
+ HB 177 CRITICAL NATURAL MINERALS PLAN AND REPORT TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ SB 74 PHYSICAL THERAPY LICENSURE COMPACT TELECONFERENCED
Heard & Held
+ SB 75 AUD. & SPEECH-LANG INTERSTATE COMPACT TELECONFERENCED
Heard & Held
+= HB 232 DISABLED VETERANS: RETIREMENT BENEFITS TELECONFERENCED
Moved HB 232 Out of Committee
-- Public Testimony --
+ SB 104 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Heard & Held
+= HB 149 NURSING: LICENSURE; MULTISTATE COMPACT TELECONFERENCED
Heard & Held
HOUSE BILL NO. 122                                                                                                            
                                                                                                                                
     "An Act authorizing the  Alaska Railroad Corporation to                                                                    
     issue revenue  bonds to finance the  replacement of the                                                                    
     Alaska  Railroad   Corporation's  passenger   dock  and                                                                    
     related  terminal  facility   in  Seward,  Alaska;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
8:05:13 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked for a brief recap of the legislation.                                                                     
                                                                                                                                
Representative Tomaszewski explained  that the original bill                                                                    
started  out  as  a  bond  authorization  for  the  Railroad                                                                    
Corporation to  build a  new dock  and terminal  facility in                                                                    
Seward. He  explained that a  couple of amendments  had been                                                                    
made throughout  the bill process including  the addition of                                                                    
a  $58  million  bond  for  the  complete  phase  1  of  the                                                                    
Mackenzie  railroad extension  and  the  authorization of  a                                                                    
$300  million bond  for  Alaska  Industrial Development  and                                                                    
Export  Authority (AIDEA)  for  critical  minerals and  rare                                                                    
earth metals.                                                                                                                   
                                                                                                                                
Co-Chair   Foster  noted   that  Representative   Cronk  had                                                                    
rejoined the meeting via teleconference.                                                                                        
                                                                                                                                
8:06:35 PM                                                                                                                    
                                                                                                                                
Representative Ortiz  asked what  the $58 million  bond that                                                                    
had been added to the legislation was for.                                                                                      
                                                                                                                                
Representative Tomaszewski replied  that the bill authorized                                                                    
the Alaska  Railroad to issue  a bond  up to $58  million to                                                                    
complete phase  1 of the  Port Mackenzie rail  extension. He                                                                    
stated it  was not  a bandaid; it  merely gave  the railroad                                                                    
the authority  to exercise the  ability to complete  phase 1                                                                    
of the extension.                                                                                                               
                                                                                                                                
Representative  Ortiz asked  if the  Alaska Railroad  or the                                                                    
state would be the backer of the bond.                                                                                          
                                                                                                                                
Representative  Tomaszewski   assumed  that  prior   to  the                                                                    
issuance  of any  bond, the  railroad would  find an  anchor                                                                    
client  to use  the  port  to pay  for  the rail  extension,                                                                    
somewhat similar to the Seward  dock. He believed one of the                                                                    
cruise lines  would be the  anchor client in Seward  and the                                                                    
bond  authorization   for  the  Seward  port   and  terminal                                                                    
facility had zero fiscal impact  on state funds. The project                                                                    
would be paid for entirely from the cruise ship client.                                                                         
                                                                                                                                
8:08:27 PM                                                                                                                    
                                                                                                                                
Representative  Josephson MOVED  Amendment 1  to HB  122 33-                                                                    
LS0623\S.3, Walsh, 4/30/24:                                                                                                     
                                                                                                                                
     Page 1, lines 3 - 7:                                                                                                       
     Delete "authorizing the  Alaska Railroad Corporation to                                                                    
     issue revenue  bonds to finance  the completion  of the                                                                    
     Port  Mackenzie  Rail  Extension  in  Point  Mackenzie,                                                                    
     Alaska; authorizing  the Alaska  Industrial Development                                                                    
     and  Export   Authority  to  issue  bonds   to  finance                                                                    
     infrastructure  that supports  development of  critical                                                                    
     mineral and rare                                                                                                           
     earth element projects;"                                                                                                   
                                                                                                                                
     Page 2, line 13, through page 3, line 26:                                                                                  
     Delete all material.                                                                                                       
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
Co-Chair Foster OBJECTED for discussion.                                                                                        
                                                                                                                                
Representative Josephson  highlighted that Mr.  Bill O'Leary                                                                    
with the  Alaska Railroad had  testified on  the legislation                                                                    
exclusively about improvements to  the Seward dock. He added                                                                    
that  the   bill  sponsor  noted  that   the  original  bill                                                                    
pertained to  the Seward  dock. He shared  that when  he had                                                                    
asked Mr. O'Leary  how much the road under Section  2 of the                                                                    
bill (that  would be  deleted by  Amendment 1)  would really                                                                    
cost,  Mr. O'Leary  had testified  that he  would need  $275                                                                    
million to  $300 million.  He was not  certain what  the $58                                                                    
million  would do.  He  stated that  Mr.  O'Leary had  never                                                                    
testified that  he really wanted  Section 2 in the  bill. He                                                                    
did not  know how Section 2  had come to be  included in the                                                                    
bill.  He  asked for  members  to  support its  deletion  by                                                                    
adopting Amendment 1.                                                                                                           
                                                                                                                                
8:09:52 PM                                                                                                                    
                                                                                                                                
Representative   Tomaszewski  was   in  opposition   to  the                                                                    
amendment. He stated that the  bill did not force the Alaska                                                                    
Railroad to utilize  the bond to finish phase 1.  He did not                                                                    
have  a  complete  understanding  of how  many  phases  were                                                                    
needed to complete the rail  extension to Port Mackenzie. He                                                                    
knew it was an important  piece of infrastructure that would                                                                    
contribute  to  the  state's economic  development.  He  was                                                                    
amenable to including the section in the bill.                                                                                  
                                                                                                                                
Co-Chair Foster MAINTAINED the OBJECTION.                                                                                       
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Josephson, Galvin, Hannan, Ortiz, Edgmon                                                                              
OPPOSED:  Tomaszewski,  Cronk,   Coulombe,  Stapp,  Johnson,                                                                    
Foster                                                                                                                          
                                                                                                                                
The MOTION to adopt Amendment 1 FAILED (5/6).                                                                                   
                                                                                                                                
[Note:  Action on  Amendment 1  was rescinded  later in  the                                                                    
meeting  and the  amendment  was  subsequently adopted.  See                                                                    
approximately 8:21 p.m. for details.]                                                                                           
                                                                                                                                
8:11:59 PM                                                                                                                    
                                                                                                                                
Representative  Josephson MOVED  Amendment 2  to HB  122 33-                                                                    
LS0623\S.4 (Walsh, 5/1/24):                                                                                                     
                                                                                                                                
     Page 1, lines 5 - 7:                                                                                                       
     Delete "authorizing  the Alaska  Industrial Development                                                                    
     and  Export   Authority  to  issue  bonds   to  finance                                                                    
     infrastructure  that supports  development of  critical                                                                    
     mineral and rare earth element projects;"                                                                                  
                                                                                                                                
     Page 3, lines 7 - 26:                                                                                                      
     Delete all material. 8                                                                                                     
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
Representative Stapp OBJECTED.                                                                                                  
                                                                                                                                
Representative Josephson  explained that earlier in  the day                                                                    
an opinion editorial had been  published in the Alaska Daily                                                                    
News (AND)  written by former  Alaska Senate  President Rick                                                                    
Halford  titled "It's  time for  the Legislature  to Restore                                                                    
Alaska's  Constitutional  Balance."  He explained  that  the                                                                    
entire piece was about how  AIDEA was not well monitored and                                                                    
had  grown to  be  independent of  oversight.  He stated  it                                                                    
stood  to reason  that  Mr. O'Leary  would  want a  railroad                                                                    
because  he  ran  the  railroad, but  there  had  been  zero                                                                    
indication that he also wanted  AIDEA's bonding authority to                                                                    
be included  in the package.  His concern with Section  3 of                                                                    
the bill was that it spoke  to the very thing former Senator                                                                    
Halford feared. He asked members to support the amendment.                                                                      
                                                                                                                                
8:13:56 PM                                                                                                                    
                                                                                                                                
Representative Tomaszewski  opposed the amendment.  He noted                                                                    
it was  by coincidence that  the previous bill heard  by the                                                                    
committee  was  SB  118,  which   related  to  critical  and                                                                    
essential  minerals.  The  specific   section  of  the  bill                                                                    
[Section 3] authorized AIDEA to  issue $300 million in bonds                                                                    
for statewide  critical minerals  and rare earth  metals. He                                                                    
remarked that  Senator Merrick had  made a good  point about                                                                    
rare  earth   minerals  coming  to   the  U.S.   from  other                                                                    
countries. He  recognized the  section was  not part  of the                                                                    
original bill, but he did not oppose its inclusion.                                                                             
                                                                                                                                
Representative Hannan  supported the amendment.  She opposed                                                                    
the blanket authority  given by the section  [to AIDEA]. She                                                                    
remarked that  it was a  very large amount. She  stated that                                                                    
she could  vote for  it if  it was  bonding for  the Niblick                                                                    
project and  it was  delineated for  specific minerals  at a                                                                    
given price,  but it  was not. She  had grave  concerns that                                                                    
the board authorized  projects at $300 million  only to find                                                                    
out there  was a different critical  mineral the legislature                                                                    
did  not have  the bonding  authority to  go for  because it                                                                    
gave the authority to AIDEA  without having reviewed it. She                                                                    
stated it was  the check and balance,  which the legislature                                                                    
was supposed to have over AIDEA.                                                                                                
                                                                                                                                
Co-Chair  Edgmon stated  it was  his first  exposure to  the                                                                    
legislation.  He  recalled when  AIDEA  had  to get  bonding                                                                    
authority from  the legislature for  $10 million,  which had                                                                    
increased to $25  million. He understood that  AIDEA was now                                                                    
seeking a larger number in  a different bill. He highlighted                                                                    
that  the first  two words  in Section  3 of  the bill  were                                                                    
"legislative approval,"  which he  found to be  an oxymoron.                                                                    
He stressed that the legislature  was not approving anything                                                                    
other than authorizing $300 million  for AIDEA to do what it                                                                    
wanted. He  did not support the  legislature's appropriation                                                                    
powers  being taken  away. He  was astounded  by the  dollar                                                                    
amount. He  supported the message  to some degree  in former                                                                    
Senator   Halford's   editorial.   He  stressed   that   the                                                                    
legislature should never  give anyone $300 million  to go do                                                                    
what  they  wanted to  do.  He  acknowledged the  cause  was                                                                    
worthy, but  there should be some  legislative direction. He                                                                    
was a  hard no on  the inclusion  of Section 3.  He strongly                                                                    
supported the amendment.                                                                                                        
                                                                                                                                
Co-Chair  Foster  spoke  in support  of  the  amendment.  He                                                                    
thought  AIDEA  had a  public  image  problem. He  had  been                                                                    
contacted by a number of  his constituents about the agency.                                                                    
He  noted  that the  issue  arose  with the  agency's  prior                                                                    
leadership. He  had faith in the  current executive director                                                                    
who he believed was very  capable and he was looking forward                                                                    
to hopefully  a new direction.  Until AIDEA was able  to fix                                                                    
its image,  he thought  it was too  much money.  He believed                                                                    
the agency  needed to  rebuild the  public's trust  prior to                                                                    
receiving authorization for any additional funding.                                                                             
                                                                                                                                
8:19:36 PM                                                                                                                    
                                                                                                                                
Representative Coulombe  remarked that it was  difficult for                                                                    
her to  vote against  anything pertaining  to infrastructure                                                                    
or  resource  development.  She understood  that  AIDEA  was                                                                    
controversial. She  ultimately wanted  the original  bill to                                                                    
pass and  would hate to see  the amendment kill the  bill on                                                                    
the House floor.  She did not believe the  original bill was                                                                    
the right  place for [the AIDEA  bond authorization] because                                                                    
the  Seward project  was very  important.  She would  likely                                                                    
vote in support of Amendment 2.                                                                                                 
                                                                                                                                
Co-Chair Edgmon  echoed Representative  Coulombe's comments.                                                                    
He believed  the underlying purpose of  the legislation rose                                                                    
above any  speculative amendment  like the $300  million [in                                                                    
bond authorization  to AIDEA]. He  stated it had  guided his                                                                    
no vote on Amendment 1 as well.                                                                                                 
                                                                                                                                
Representative Stapp MAINTAINED the OBJECTION.                                                                                  
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Ortiz,   Josephson,   Hannan,  Coulombe,   Galvin,                                                                    
Edgmon, Foster                                                                                                                  
OPPOSED: Tomaszewski, Cronk, Stapp, Johnson                                                                                     
                                                                                                                                
The  MOTION   PASSED  (7/4).   There  being   NO  OBJECTION,                                                                    
Amendment 2 was ADOPTED.                                                                                                        
                                                                                                                                
8:21:33 PM                                                                                                                    
                                                                                                                                
Representative Stapp  MOVED to  RESCIND action  on Amendment                                                                    
1.                                                                                                                              
                                                                                                                                
Co-Chair Foster asked Representative  Josephson if he wanted                                                                    
to reintroduce Amendment 1.                                                                                                     
                                                                                                                                
Representative  Stapp   stated  that  the  second   half  of                                                                    
Amendment  1   included  language  about   critical  mineral                                                                    
infrastructure and AIDEA bonding.  He noted the language was                                                                    
no  longer  viable  due  to  the  passage  of  Amendment  2;                                                                    
therefore, he would likely change his vote on Amendment 1.                                                                      
                                                                                                                                
8:22:21 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
8:22:39 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Representative Josephson  MOVED to  ADOPT Amendment  1 (copy                                                                    
on file)[see 8:08 p.m. for amendment details].                                                                                  
                                                                                                                                
Representative Cronk OBJECTED.                                                                                                  
                                                                                                                                
Representative Josephson  stated that  he had  no additional                                                                    
comments.                                                                                                                       
                                                                                                                                
Representative Stapp called the question on the motion.                                                                         
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Galvin, Ortiz, Hannan, Josephson, Stapp, Edgmon                                                                       
OPPOSED: Tomaszewski, Stapp, Cronk, Johnson, Foster                                                                             
                                                                                                                                
The  MOTION   PASSED  (6/5).   There  being   NO  OBJECTION,                                                                    
Amendment 1 was ADOPTED.                                                                                                        
                                                                                                                                
Co-Chair Foster noted that Amendments  1 and 2 had both been                                                                    
adopted. He  asked if  the bill sponsor  would like  to make                                                                    
any comments prior to going to a motion on the bill.                                                                            
                                                                                                                                
8:24:31 PM                                                                                                                    
                                                                                                                                
Representative Tomaszewski thanked the  committee for all of                                                                    
the help  he had  received with  the legislation.  He looked                                                                    
forward to  moving the bill out  and passing it over  to the                                                                    
Senate.                                                                                                                         
                                                                                                                                
Co-Chair  Johnson  MOVED  to REPORT  CSHB  122(FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying   fiscal   notes   and  with   permission   for                                                                    
Legislative Legal Services to  make technical and conforming                                                                    
changes.                                                                                                                        
                                                                                                                                
There being NO OBJECTION, CSHB  122(FIN) was REPORTED out of                                                                    
committee  with  eight  "do pass"  recommendations  and  one                                                                    
"amend" recommendation and  with one new zero  note from the                                                                    
Department of  Commerce, Community and  Economic Development                                                                    
and one previously published zero note: FN1 (CED).                                                                              
                                                                                                                                
Co-Chair Foster reviewed the meeting schedule.                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 307 Amendments 1 - 8 050324 (2).pdf HFIN 5/3/2024 1:30:00 PM
HB 307
SB 118 Sponsor Statement.pdf HFIN 5/3/2024 1:30:00 PM
SB 118
SB 118 cs Summary of Changes.pdf HFIN 5/3/2024 1:30:00 PM
SB 118
SB118 Sectional.pdf HFIN 5/3/2024 1:30:00 PM
SB 118
SB 187 HCS FIN Amendment Pkt 1-14 050324.pdf HFIN 5/3/2024 1:30:00 PM
SB 187
HB307 Amendment 3 Backup 050324.pdf HFIN 5/3/2024 1:30:00 PM
HB 307
HB 232 Public Testimony Rec'd by 050324.pdf HFIN 5/3/2024 1:30:00 PM
HB 232