Legislature(2025 - 2026)BARNES 124

04/04/2025 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 148 OMNIBUS INSURANCE BILL TELECONFERENCED
Heard & Held
+= HB 60 PROCURE PREF: AGRIC. & FISH PRODUCTS TELECONFERENCED
Heard & Held
           HB 60-PROCURE PREF: AGRIC. & FISH PRODUCTS                                                                       
                                                                                                                                
[Contains discussion of HB 140.]                                                                                                
                                                                                                                                
3:37:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL  announced that the  final order of  business would                                                               
be HOUSE  BILL NO. 60,  "An Act  relating to municipal  and state                                                               
procurement  preferences for  agricultural products  harvested in                                                               
the state  and fisheries products  harvested or processed  in the                                                               
state; and providing for an effective date."                                                                                    
                                                                                                                                
CO-CHAIR HALL  noted that  there would  be a  brief recap  on the                                                               
proposed  legislation and  reminded  committee  members that  the                                                               
house was  also considering HB 140,  a bill proposed to  create a                                                               
Department of Agriculture.                                                                                                      
                                                                                                                                
3:38:10 PM                                                                                                                    
                                                                                                                                
ANNA  LATHAM,   Deputy  Commissioner,  Department   of  Commerce,                                                               
Community &  Economic Development (DCCED), answered  questions on                                                               
behalf of House  Rules, prime sponsor of HB 60  by request of the                                                               
governor.  She  stated that HB 60 would  make incremental changes                                                               
to a Department of Administration  (DOA) procurement statute that                                                               
has  existed since  1986.   She  explained  that state  agencies,                                                               
municipalities, and  school districts  are currently  required to                                                               
purchase  Alaska-grown products  or fisheries  products harvested                                                               
in-state if they  are available and within 7 percent  of the cost                                                               
of  out-of-state  products.   Additionally,  she  explained  that                                                               
there is currently a permissible  clause allowing state agencies,                                                               
municipalities, and  school districts  to purchase  products that                                                               
are up to 15 percent higher than what is offered out-of-state.                                                                  
                                                                                                                                
MS.  LATHAM  further explained  that  HB  60 would  increase  the                                                               
requirement from  7 to 10  percent and would  additionally change                                                               
the permissible amount from 15 to 25 percent.                                                                                   
                                                                                                                                
3:39:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE noted that the  fiscal note is zero.  She                                                               
asked  whether  this would  increase  costs  for state  agencies,                                                               
municipalities, and school  districts even if there  were no cost                                                               
to DOA.                                                                                                                         
                                                                                                                                
MS. LATHAM  replied that was  correct if products grown  in state                                                               
were more expensive.   She noted that she has  reached out to the                                                               
Department  of Education  and Early  Development  (DEED) and  the                                                               
Alaska Municipal League (AML) regarding costs.                                                                                  
                                                                                                                                
REPRESENTATIVE  COULOMBE  stated  that   she  wanted  to  support                                                               
Alaska-grown products  but asserted  that there would  be impacts                                                               
on local governments.                                                                                                           
                                                                                                                                
3:40:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK commented that she  saw a survey of Alaska                                                               
saying that individuals are willing  to pay $1.60 more on average                                                               
for Alaska-grown products.   She opined that it was  good for the                                                               
State  of Alaska  to take  a position  on Alaska-grown  products.                                                               
She  stated that  she  was  largely in  support  of the  proposed                                                               
legislation.    She asked  for  clarification  whether it  was  a                                                               
requirement or  a choice to  purchase Alaska-grown  products that                                                               
fall within the threshold.                                                                                                      
                                                                                                                                
MS.  LATHAM  responded  it  would  be  a  requirement  for  state                                                               
agencies,  municipalities, and  school districts  if using  DOA's                                                               
master  contract with  U.S.  Foods.   She  noted  that there  are                                                               
currently very few items listed on  the U.S. Foods contract.  She                                                               
reminded  committee   members  that  HB  60   was  introduced  by                                                               
recommendation  of  the  food  security  taskforce  in  order  to                                                               
provide growers in  state an entry to commercial  markets so that                                                               
they might "ramp up their production."                                                                                          
                                                                                                                                
3:42:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK  asked  whether there  are  products  not                                                               
available at any cost   she  used lettuce growers as an example -                                                               
or whether there  are not products available in  state within the                                                               
current price differential.                                                                                                     
                                                                                                                                
MS. LATHAM replied  that there is very little data  on pricing in                                                               
Alaska, because  there are so  few products  currently available.                                                               
She clarified that the intent  of the proposed legislation was to                                                               
provide  commercial  entry  to   growers  in  state,  who  "can't                                                               
necessarily  sell an  additional  five acres  of potatoes  unless                                                               
they know they have a buyer,  and [HB 60] would provide a buyer."                                                               
She  noted  that the  Department  of  Corrections (DOC)  was  the                                                               
largest purchaser  of Alaska-grown  products.  She  further noted                                                               
that the state purchases very little overall.                                                                                   
                                                                                                                                
3:44:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER share  concerns about  the validity  of a                                                               
zero  fiscal  note  if the  proposed  legislation  would  mandate                                                               
entities to buy more expensive  products, despite his support for                                                               
Alaska agriculture.   He referred  to the first four  sections of                                                               
HB 60 and asked for a definition of "state money".                                                                              
                                                                                                                                
MS.   LATHAM   replied   that    those   sections   referred   to                                                               
municipalities  and school  districts.   She further  stated that                                                               
all school  districts and, to  her knowledge,  all municipalities                                                               
received state money.                                                                                                           
                                                                                                                                
REPRESENTATIVE   SADDLER  asked   for   clarification  that   the                                                               
provisions  did  not specify  receiving  state  money to  support                                                               
purchase of food; rather, it was for any purpose.                                                                               
                                                                                                                                
MS. LATHAM offered her belief that  it was a broad definition but                                                               
deferred to DOA.                                                                                                                
                                                                                                                                
3:45:48 PM                                                                                                                    
                                                                                                                                
BROOKE CASHEN, Deputy Chief  Procurement Officer, Procurement and                                                               
Property Management, Department  of Administration (DOA), offered                                                               
her  belief that  it referred  to  any agency  that receives  any                                                               
state funding.   She noted  that she  would want to  double check                                                               
with the Department of Law for a definitive answer.                                                                             
                                                                                                                                
3:46:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE asked  if the food bank  would fall under                                                               
this requirement,  offering her understanding that  the food bank                                                               
received state money.                                                                                                           
                                                                                                                                
MS.  CASHEN replied  that she  would have  to check  DOA's master                                                               
agreement,  of  which she  did  not  believe  the food  bank  was                                                               
compulsorily  contracted.   She additionally  offered her  belief                                                               
that the Department  of Corrections (DOC) had  the only mandatory                                                               
contract.   In response  to a  follow-up question,  she explained                                                               
that the  master agreement from  DOA contracted with  U.S. Foods,                                                               
the  vendor  that provides  the  bulk  of state  food  purchases,                                                               
Alaska-grown or  not.  She noted  that it was only  mandatory for                                                               
some agencies  to use DOA's  U.S. Foods contract and  stated that                                                               
other  agencies are  able to  procure  from other  sources.   She                                                               
noted  that  [DOA's] data  was  sourced  from  U.S. Foods.    She                                                               
additionally  offered her  belief that  the proposed  legislation                                                               
would apply  to all  state food purchases,  not just  agencies on                                                               
the master agreement.                                                                                                           
                                                                                                                                
3:48:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked if  school districts are  unable to                                                               
purchase foods in-state due to the 7-percent restriction.                                                                       
                                                                                                                                
MS. LATHAM responded  that is not her understanding.   She stated                                                               
there  has  not been  a  lot  of  produce or  fisheries  products                                                               
available.  She noted that Alaska  imports over 95 percent of its                                                               
food.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  SADDLER commented  that  the  3 percent  increase                                                               
would make  it easier to  buy Alaska  products even if  they cost                                                               
more.                                                                                                                           
                                                                                                                                
3:49:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COULOMBE  asked  if there  had  been  discussions                                                               
around  availability  of  products  and what  would  be  done  if                                                               
products were unavailable.                                                                                                      
                                                                                                                                
MS. LATHAM  state that the U.S.  Foods master contract has  a lot                                                               
of out-of-state vendors  currently on the list.   She stated that                                                               
if HB 60 were  to pass, then if a food  product in-state were not                                                               
within  the proposed  10 percent  restriction, DOC,  for example,                                                               
would purchase from  an out-of-state vendor.   She confirmed that                                                               
Representative  Coulombe's   understanding  was  correct.     She                                                               
further noted that the majority  of purchases are of out-of-state                                                               
goods.                                                                                                                          
                                                                                                                                
3:50:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HALL asked  how many growers were prepared  to jump into                                                               
commercial markets.                                                                                                             
                                                                                                                                
MS. LATHAM responded that she did  not have an exact number.  She                                                               
noted that she met with the  Farm Bureau recently and stated that                                                               
there  were  a  handful  of growers  that  indicated  they  could                                                               
expand.   In response  to a follow-up  questions, she  stated she                                                               
did not currently have information about a timeline.                                                                            
                                                                                                                                
3:51:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER commented  that the  state would  need to                                                               
buy more freezers.                                                                                                              
                                                                                                                                
3:51:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HALL asked  what  additional  support the  agricultural                                                               
industry would need to sustain commercial markets under HB 60.                                                                  
                                                                                                                                
3:52:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COULOMBE said  she felt  that the  effective date                                                               
was too  short.   She asked  whether Ms.  Latham would  oppose an                                                               
extension on the effective date.                                                                                                
                                                                                                                                
MS.  LATHAM  replied that  there  was  no  effective date.    She                                                               
explained that, as  more products become available,  they will be                                                               
listed on the master contract.                                                                                                  
                                                                                                                                
3:53:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BURKE asked  how many  municipalities and  school                                                               
districts use U.S. Foods.                                                                                                       
                                                                                                                                
MS. CASHEN stated she could get that data for the committee                                                                     
members.                                                                                                                        
                                                                                                                                
3:53:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER remarked  that it  was his  understanding                                                               
that HB 60  was applicable to any agency that  used state funding                                                               
and was not  limited to agencies participating in  the U.S. Foods                                                               
agreement.                                                                                                                      
                                                                                                                                
CO-CHAIR HALL thanked the invited testifiers.                                                                                   
                                                                                                                                
[HB 60 was held over.]                                                                                                          

Document Name Date/Time Subjects
HB148 Additional Document - DOI Response to HLC 4.2.25.pdf HL&C 4/4/2025 3:15:00 PM
HL&C 4/23/2025 9:00:00 AM
HB 148