Legislature(2001 - 2002)

05/03/2001 06:25 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
            HB 236-AIDEA BONDS FOR GAS PUBLIC UTILITIES                                                                     
                                                                                                                                
CHAIRMAN TORGERSON  announced HB 236 to be up for  consideration. He                                                            
said he  wanted to see due  diligence done  on the report before  he                                                            
could support  this bill,  but he won't block  it, if the  committee                                                            
wanted to move it forward.                                                                                                      
                                                                                                                                
COMMISSIONER   BOB  POE,  Executive   Director,  Alaska   Industrial                                                            
Development and  Export Authority (AIDEA), said that  they have done                                                            
development  projects under  both scenarios,  where the legislature                                                             
has approved  bonding authorization  (not  an appropriation)  before                                                            
due diligence is done and  after due diligence was done. In fact, we                                                            
have $328 million of bonding  authorizations on the books today that                                                            
have not gone to projects."                                                                                                     
                                                                                                                                
He  thought  it was  interesting  that  HB  244  repeals  provisions                                                            
relating to a  grant of right-of-way of land for a  railroad utility                                                            
corridor to  AIDEA. There was $28  million in bonding authority  for                                                            
that project,  but it didn't  prove to be  financially feasible,  so                                                            
AIDEA did not move ahead with the project. He explained:                                                                        
                                                                                                                                
     In  this  case,  Alaska  Interstate  Gas came  to  us  mid                                                                 
     session  in a particularly  busy  time for  us with a  few                                                                 
     large projects  we are trying to get wrapped up  and said,                                                                 
     "We  think we have equity  investors.  We think we have  a                                                                 
     good  project for gas  to southeast  Alaska. We have  been                                                                 
     monitoring  the project  over the last  several months  or                                                                 
     maybe  a year.  They  said our  equity [indisc.]  will  be                                                                 
     ready to move in the short  term in the summer or fall, if                                                                 
     you go forward  with it. But the equity partner,  from our                                                                 
     understanding,  didn't want to  dive into the project  and                                                                 
     didn't  know  there  was  a good  chance  of  getting  the                                                                 
     bonding authority.  So, we agreed that we would  work with                                                                 
     Interstate  Gas,  but that  they would  try  and move  the                                                                 
     bonding authority  through. We don't know if this  project                                                                 
     makes financial  sense. I'm sure you and I could  sit down                                                                 
     and  identify six or  seven weaknesses  right off the  bat                                                                 
     that would  need to be proven  true. It doesn't mean  they                                                                 
     can't.  It   doesn't  mean  that  we  don't  see   a  good                                                                 
     opportunity  here, but  we can't attest  to the financial                                                                  
     feasibility  of this. What we can attest to is  that AIDEA                                                                 
     does  do its job and  the faith that  the legislature  has                                                                 
     frequently given AIDEA,  which is to say, "We trust you to                                                                 
     do your  job," is proven out  in those $328 million  worth                                                                 
     of  projects that  we haven't  done, because  they didn't                                                                  
     prove to be financially feasible.                                                                                          
                                                                                                                                
     I'll  wrap   up  by  saying  there  are  seven  different                                                                  
     qualifications  that a development  project needs to  have                                                                 
     before  AIDEA goes  to the  step of making  a development                                                                  
     project.  I can swear  to you  that AIDEA  will do all  of                                                                 
     those and  only when this project is financially  feasible                                                                 
     and has the  support of the communities involved  would we                                                                 
     do the project.                                                                                                            
                                                                                                                                
CHAIRMAN TORGERSON  asked, "Why don't  you lend them $10  million to                                                            
get them started?"                                                                                                              
                                                                                                                                
MR. POE answered,  "We don't do a  project that way. Typically,  the                                                            
way we do it…"                                                                                                                  
                                                                                                                                
CHAIRMAN TORGERSON  said, "I know about typically,  but that doesn't                                                            
stop you from doing it."                                                                                                        
                                                                                                                                
MR. POE answered, "Fiscal  prudence would. There is no reason to put                                                            
$10  million  into  a  project  that  you  don't  know  is  fiscally                                                            
feasible. The  way we tend to do it is to enter into  a reimbursable                                                            
agreement with the sponsors  of a project where they reimburse AIDEA                                                            
for the cost of doing the due diligence…"                                                                                       
                                                                                                                                
Number 340                                                                                                                      
                                                                                                                                
SENATOR TAYLOR asked how long it would take.                                                                                    
                                                                                                                                
MR. POE answered  that it could take  several months. It  depends on                                                            
the proponents  of the  project and  how well  they have done  their                                                            
work.                                                                                                                           
                                                                                                                                
SENATOR ELTON asked if  it would take another act of the legislature                                                            
to approve the final issuance of the bonds.                                                                                     
                                                                                                                                
MR. POE  answered  that's not  correct.  "Once you  give us  bonding                                                            
authority,  you leave it up to the  AIDEA Board to decide."  He said                                                            
he  would  be  happy  to  keep  the  legislature   apprised  of  the                                                            
situation.                                                                                                                      
                                                                                                                                
MR. RANDY RUARO,  Staff to Representative Williams,  said, "It's the                                                            
sponsor's  position  that  the  original  version  of  the  bill  be                                                            
passed."                                                                                                                        
                                                                                                                                
SENATOR TAYLOR  moved to adopt the Cook 5/3/01 committee  substitute                                                            
to HB 236.                                                                                                                      
                                                                                                                                
SENATOR ELTON objected for an explanation of the changes.                                                                       
                                                                                                                                
CHAIRMAN TORGERSON  explained that it says that the  applicant bears                                                            
the cost.                                                                                                                       
                                                                                                                                
SENATOR ELTON asked if  there would be the additional step of coming                                                            
back to the legislature  for the authority to issue bonds if the due                                                            
diligence got done.                                                                                                             
                                                                                                                                
CHAIRMAN TORGERSON said that was correct.                                                                                       
                                                                                                                                
SENATOR ELTON  said one of his concerns  was that, "If we  take this                                                            
out  from under  the  wing  of AIDEA,  what  we're  going  to do  is                                                            
complicating passage  this session…" The House would  have to concur                                                            
and  they voted  unanimously  for  their  version. He  continued  to                                                            
prefer the original version.                                                                                                    
                                                                                                                                
CHAIRMAN TORGERSON  called for the  roll.  SENATORS TAYLOR,  PEARCE,                                                            
TORGERSON voted yeah; SENATORS  LINCOLN AND ELTON voted nay; and the                                                            
committee substitute was adopted by 3 to 2.                                                                                     
                                                                                                                                
SENATOR TAYLOR  moved to pass SCS  HB 236 (RES) from committee  with                                                            
individual recommendations.  There were no objections  and it was so                                                            
ordered.                                                                                                                        

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