Legislature(2025 - 2026)BUTROVICH 205
02/07/2025 03:30 PM Senate RESOURCES
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Audio | Topic |
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Start | |
SB67 | |
SB75 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 75 | TELECONFERENCED | |
*+ | SB 67 | TELECONFERENCED | |
SB 67-PROCURE PREF: AGRIC. & FISH PRODUCTS 3:31:02 PM CHAIR GIESSEL announced the consideration of SENATE BILL NO. 67 "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." 3:31:35 PM PAULA VRANA, Commissioner, Department of Administration (DOA), Anchorage, Alaska, introduced SB 67 on behalf of the Department of Administration, the [Dunleavy] administration, and the Department of Commerce, Community and Economic Development (DCCED). She said SB 67 strengthens Alaska's commitment to supporting local agriculture and fisheries industries by enhancing procurement preferences for state agencies, municipalities and school districts that receive state funding, by raising the required in state purchasing preference from seven percent to ten percent and expanding discretionary purchasing from 15 percent to 25 percent SB 67 ensures that more Alaska grown and harvested products are prioritized in procurement decisions. SB 67 aligns with the recommendations of the governor's Food Security and Independence Task Force and has received broad support from industry stakeholders by enabling more flexibility to select Alaska grown products. SB 67 bolsters the state's economy and food security and helps to ensure a stronger, more self-reliant Alaska. She introduced Deputy Commissioner of the Department of Commerce, Community and Economic Development (DCCED), Anna Latham, and Chief Procurement Officer for the State of Alaska, Department of Administration, Tom Mayer to continue with the presentation. 3:33:25 PM ANNA LATHAM, Deputy Commissioner, Department of Commerce, Community and Economic Development (DCCED), Juneau, Alaska, noted the role of the global [Covid] pandemic to bring attention to Alaska's food security situation. She said one of the Dunleavy administration's initiatives was to increase food security and agricultural sector growth in the state. Administrative order 331 in 2022, established the Alaska Food Security and Independence Task Force, which recommended increasing the procurement and use of Alaska sourced foods within the state and local agencies, institutions and schools. MS. LATHAM stated that Alaska currently imports 95 percent of its food supplies at a cost of $2 billion a year. 3:34:44 PM MS. LATHAM moved to slide 2 and reviewed Alaska's current procurement code in relation to Alaska grown fisheries and agricultural products. She emphasized that SB 67 addressed only agricultural and fisheries products. [Original punctuation provided.] Current Procurement Code • AS 36.15.050 and AS 29.71.040 require the use of local agricultural and fisheries products by state agencies, school districts, and municipalities that receive state money • Current statute requires agricultural and fisheries products harvested in the state: • Shall be purchased if the product is priced not more than seven percent above a similar product harvested outside the state • May be purchased if the product is priced not more than 15 percent above a similar product harvested outside the state SB 67: Procurement Preference: Agriculture and Fish Products Department of Commerce, Community and Economic Development (DCCED) 3:35:34 PM MS. LATHAM moved to slide 3 and sought to familiarize the committee with the current purchasing process used by the Department of Administration for state agencies. [Original punctuation provided.] Current Purchasing Process • The DOA Office of Procurement and Property Management administers a statewide contract with US Foods (Mandatory for the Department of Corrections and Non-mandatory for all others) • Local growers register and indicate the products they can provide • State agencies set up a corporate account with vendor • Once they've set up an account, there is an option to select Alaska Grown Products • These are online mobile markets that display Alaska products • State buyers such as the Department of Corrections and AMHS purchase products based on price after the application of preferences SB 67: Procurement Preference: Agriculture and Fish Products Department of Commerce, Community and Economic Development (DCCED) 3:36:30 PM MS. LATHAM noted that a recent review of the current list contained only three products available for purchase, indicating room for growth. She said entities qualified to use the US Foods vendor website included, state agencies, federally recognized tribes (those included on the Bureau of Indian Affairs list), the legislative branch, the university, the court system, state boards and commissions, municipalities and school districts. 3:37:10 PM MS. LATHAM moved to slide 4. [Original punctuation provided.] What Does Senate Bill 67 Do? • Increases allowable price differentials for state agencies, school districts, and municipalities to purchase more Alaskan agricultural and fisheries products • Changes the purchase price differential for required in-state purchases from seven percent to ten percent • Changes the purchase price differential for permissible in-state purchases from 15 percent to 25 percent • Incentivizes more production of Alaska-grown agricultural and Alaska fisheries products by providing access to institutional markets SB 67: Procurement Preference: Agriculture and Fish Products Department of Commerce, Community and Economic Development (DCCED) MS. LATHAM said Alaskan producers often face cost barriers to market access and have advocated for increased institutional purchases to scale up their production and keep dollars circulating in the Alaska economy. She noted SB 67 made an incremental change [in the required in-state purchases] from seven to 10 percent in order to avoid an adverse effect on school districts, municipalities or state agencies. 3:38:07 PM MS. LATHAM moved to slide 5, titled Discussion of State Procurement Data. Slide 5 is a chart comparing procurement by state agencies. She explained that the Department of Administration (DOA), Office of Procurement, recently completed a survey of all the state agencies that purchased Alaska grown agricultural and fish commodities in 2024. She noted from the chart there's a lot of room for growth [to meet in-state procurement requirements]. Out of the $17 million the state spent on food items, only $236,000 were spent on Alaska grown. MS. LATHAM offered to walk through the agencies' purchasing in greater detail. 3:38:47 PM CHAIR GIESSEL affirmed that would be helpful. She expressed curiosity about the three items available for purchase that were mentioned earlier in the presentation. 3:38:55 PM MS. LATHAM answered that the three items were potatoes, lettuce and sprouts. 3:39:08 PM MS. LATHAM detailed the 2024 Alaska grown purchases by department: • Department of Commerce, Community and Economic Development (DCCED), Alaska Seafood Marketing Institute purchased $117,000 worth of scallops and canned salmon for marketing displays at conferences and for nutritional testing. • Department of Corrections (DOC) exclusively purchased potatoes for a variety of their correctional facilities. • Department of Labor and Workforce Development (DOLWD) spent seven dollars on sprouts at their culinary institute, Alaska Vocational Technical Institute (AVTEC) in Seward. • The Department of Transportation spent $1,000 on the marine highways, on the Aurora and Tustemena [ferries] food service for potatoes. 3:39:59 PM SENATOR DUNBAR asked whether it was the opinion of the Department of Commerce, Community and Economic Development (DCCED) that SB 67 would increase the amount of Alaska grown food the state would purchase. 3:40:14 PM MS. LATHAM said that was the intent of SB 67. 3:40:20 PM SENATOR DUNBAR asked whether there would be additional fiscal notes for SB 67. He noted only one zero fiscal note from Department of Commerce, Community and Economic Development (DCCED), Division of Community and Regional Affairs (DCRA). He asked whether more fiscal notes were anticipated. 3:40:43 PM MS. LATHAM said Department of Administration (DOA) also submitted zero fiscal notes which they were prepared to speak about. 3:40:55 PM SENATOR DUNBAR asked how more money would be spent [for Alaska grown products] and have zero fiscal notes. 3:41:06 PM MS. LATHAM said she would not speak on behalf of DOA, but she expected the change in spending by DCCED would be very small. She deferred to the Chief Procurement Officer for DOA. 3:41:34 PM TOM MAYER, Chief Procurement Officer, Department of Administration (DOA), Juneau, Alaska, referred to the chart on slide 5. He pointed out that the increase from seven to ten percent is only three percent or approximately $7,000 [based on 2024 procurement]. He noted the increase would be split between Alaska Seafood Marketing Institute (ASMI) and Department of Corrections (DOC). He acknowledged that spending would increase [under SB 67]. He said he wasn't aware why other agencies had not submitted fiscal notes. 3:42:17 PM SENATOR KAWASAKI noted that SB 67 would apply to municipalities and schools as well as state agencies. He asked whether schools were expected to buy more local [foods under SB 67]. SENATOR KAWASAKI noted that Mr. Mayer nodded an apparent affirmation. 3:42:34 PM MR. MAYER noted that the Polisubs spending on the slide 5 chart totaled $263,000. He said the US Foods survey report was long and detailed, covering about eleven months of food purchases, predominantly by the Petersburg School District for about $205,000 and the Delta Greeley School District for around $58,000. He noted that a lot of schools don't take advantage of [the US Foods contract]. 3:43:11 PM SENATOR KAWASAKI reiterated that many school districts do not currently take advantage of the [US Foods contract], but if they did, they would likely experience an increase in their costs. In particular, the two school districts mentioned would [see an increase]. 3:43:33 PM MR. MAYER said there would be a three percent difference and if a school district bought $500,000 worth of food instead of $200,000, they would experience an increase. 3:43:56 PM SENATOR HUGHES asked for the grand total of spending on food by state departments. 3:44:10 PM MR. MAYER answered that the chart on slide 5 represented the total spending reported by state departments and by US Foods. He said the US Foods contract was mandatory for Department of Corrections (DOC) and non-mandatory for all other state agencies. If agencies are purchasing other food, that was not reported, though it was information requested [by the DOA survey]. He said other food was probably being purchased but opined that it was not very much. 3:44:40 PM SENATOR HUGHES noted the effort to incrementally increase the percentage of Alaska grown food. She asked whether there had been any cost comparisons between Alaska grown food and food coming to Alaska on barges and whether the difference from seven to ten percent would actually trigger the requirement to purchase Alaska grown foods. 3:45:09 PM MS. LATHAM said DCCED did not take the seven to ten percent increase into consideration. She said they looked at making de minimis changes to the existing statute. The purpose for that was: 1. to increase the [amount of] food that is purchased in state 2. to increase awareness of in-state producers that want to ramp up their production and have access to commercial markets 3:45:35 PM SENATOR HUGHES appreciated the effort expressed and affirmed that it reflects the desire of producers. She wondered whether the proposed percentage would be effective. She said producers are providing potatoes and carrots and peas and things in the schools and they are willing to step up and produce that, but they need to know a year in advance. She asked whether there was a system in place to gather information for the producers to be able to provide carrots and potatoes. 3:46:50 PM MR. MAYER said he was not aware of a system [to provide that level of collaboration] from DOA. He explained that the Office of Procurement establishes contracts but does not engage in marketing. He noted the short growing season in Alaska and said the fresh foods were available for a very limited time. He said [limited food] storage was also a problem. 3:47:28 PM SENATOR HUGHES emphasized that potatoes and carrots do last and said there needed to be more effort to facilitate coordination so growers could eventually reach economies of scale. She acknowledged that she didn't know how to get there and suggested an opportunity for upcoming conversations with producers. She urged progress toward a real difference. 3:48:08 PM CHAIR GIESSEL concurred and noted improvements in storage for potatoes and carrots. She said there were full warehouses and that producers were ready to meet the need but must know the need is there. She noted that very few grocery stores were carrying Alaska produce. 3:48:35 PM SENATOR CLAMAN questioned whether there was evidence of the capacity to produce enough food to meet the needs of state agencies. He pointed out that DOC's [Alaska grown purchases] totaled $117,000, less than one percent of their total spending on food. He asked whether there were potatoes and carrots rotting in warehouses because nobody was buying them or if they were they selling. He asked whether SB 67 would result in effectively increased production. 3:49:55 PM MR. MAYER appreciated the question. He said the contract DOA established with US Foods specifies that US Foods provides the product. He said US Foods may source the product from local producers or other growers and then customers shop from [the US Foods] website. He was not aware of an effort [to determine how much local produce US Foods sells]. 3:50:16 PM SENATOR CLAMAN asked how to determine the actual production levels. restated his question about whether there was evidence that SB 67 would result in growth of Alaska produced food to meet the demand. 3:50:38 PM CHAIR GIESSEL suggested that the commissioner of the Department of Natural Resources (DNR) may be able to answer. She asked whether Senator Claman had further follow-up questions. 3:50:47 PM SENATOR CLAMAN restated his question about whether there was evidence that SB 67 would result in growth of Alaska produced food to meet the demand. 3:51:00 PM MR. MAYER said the Department of Commerce, Community and Economic Development (DCCED), Office of Procurement had not looked at that. 3:51:08 PM CHAIR GIESSEL noted the presenters were focused on what [Alaska grown food products] had been used and not on issues of production. She invited concluding statements. 3:51:38 PM MS. LATHAM said there may not be a way to provide evidence of exactly what is grown that is not being sold to the commercial market. She suggested that [DCCED] could initiate conversations with the growers about supply and demand to determine the level of viability at a larger scale. 3:52:12 PM CHAIR GIESSEL thanked the presenters. She noted available experts on line who may be able to answer the committees questions on SB 67. 3:52:45 PM ANDREW JENSEN, Policy Advisor, Governor's Office, Anchorage, Alaska, discussed the governor's proposals to enhance food production and processing in Alaska. He highlighted the addition of processing and storage equipment at the correctional farm in Point MacKenzie, and said it was available to both the facility and the community. Jensen also mentioned the new owner of a slaughterhouse in Palmer, who seeks more markets, particularly institutional ones, to increase production. He emphasized the need to address market access and awareness to incentivize local food production and improve food security. SB 67 is an attempt to stimulate economic activity in the agricultural sector by increasing Alaska grown food product purchases by state agencies. 3:55:32 PM CHAIR GIESSEL asked whether slaughterhouse products were included under SB 67. 3:55:47 PM MR. JENSEN noted that livestock was considered an agricultural product. He said hamburger, pork, dairy and poultry products would qualify for the [provisions of SB 67]. 3:56:10 PM SENATOR WIELECHOWSKI asked whether there were any constitutional issues with SB 67. He said SB 67 essentially imposed price control and mandated that in-state products be purchased. He opined that it may violate free-market ideals. He asked whether there was a constitutional limit, noting the increase from 15 to 25 percent. 3:56:53 PM MR. JENSEN answered that when state funds are used, some of the constitutional issues are mitigated. He noted that when ferries were built in Ketchikan using state funds, those questions were mitigated. He said that was why the preference [threshold] was limited to entities that receive state funding. He said he had not heard of any legal questions around increasing the optional preference to 25 percent and if an entity had the money within their budget and could go to 25 percent over, they certainly would be able to purchase that Alaska product. 3:58:03 PM CHAIR GIESSEL noted the struggle for school districts with their budgets and observed that it appeared SB 67 would require them to pay three percent more for Alaska [food] products [to be included in school menus]. She asked how that policy meshed with the budget constraints faced by school districts. 3:58:33 PM MS. LATHAM said SB 67 was investing 3 percent back in the state from state agencies and from school districts that receive state funding. She said there would be a very incremental cost to the school districts, and that would have to be considered during the legislative process. 3:59:04 PM SENATOR CLAMAN noted that all school districts receive state money. He posed a hypothetical scenario in which there are Alaska grown potatoes available on the US Foods website and they cost ten percent more than potatoes grown in Washington, also available through the website. He observed that, under SB 67, the school district would be required to get the Alaska grown potatoes. 3:59:37 PM MS. LATHAM affirmed that the school district would be required to buy the Alaska potatoes. 3:59:46 PM SENATOR CLAMAN noted that when there are no Alaska potatoes, the school district is allowed to buy the Washington potatoes. It is only when Alaska grown products are available that [state entities] would be required to purchase them over [out of state products]. 4:00:16 PM MS. LATHAM affirmed that was correct according to existing statute. 4:00:30 PM SENATOR CLAMAN commented that when school districts are prepared to purchase, Alaska produce is not usually available. 4:00:41 PM SENATOR DUNBAR asked whether Petersburg and Delta Junction school districts were the only school districts to purchase Alaska grown products. He noted that the Matanuska Susitna (Mat- Su) district produces a lot of [the available Alaska grown foods]. 4:01:07 PM MR. MAYER said the report DOA received from US Foods showed only the two school districts. 4:01:15 PM SENATOR DUNBAR noted that the larger school districts were not purchasing local foods. He emphasized the financial constraints on Alaska school districts and suggested they might purchase alternate products, rice instead of potatoes, for example, to avoid having to pay extra for Alaska produced foods. He asked what enforcement mechanism would be imposed to prevent school districts from making those choices. 4:02:10 PM MS. LATHAM said there was enforcement in statute, but not when there is substitution of, for example, one starch food for another. 4:02:25 PM SENATOR DUNBAR opined that [school districts] would choose to purchase less expensive options over Alaska produced foods when Alaska produced foods were more expensive. He proposed that state funding for school districts be increased to offset the projected increase to their spending. 4:03:26 PM CHAIR GIESSEL invited the Commissioner of the Department of Natural Resources (DNR) to address the issue of production and storage of Alaska grown products and their availability. 4:04:02 PM JOHN BOYLE, Commissioner, Department of Natural Resources (DNR), Anchorage, Alaska, introduced himself and emphasized that agriculture was within DNR's wheelhouse. He highlighted the capacity of Alaska producers to grow more if they had a stable market. He noted the existing farm-to-school program previously housed with Department of Natural Resources (DNR), now administered by Department of Education and Early Development (DEED). He advocated for effective collaboration between DEED and DNR to link producers with procurement officers in school districts and establish a consistent demand for Alaska-grown products, allowing producers to plan and supply [food products] accordingly. COMMISSIONER BOYLE expanded the farm-to-school example to other state funded entities, advocating for the role of government to eliminate communication gaps and facilitate the exchange between producers and procurement officers. He opined that Alaska producers could compete with lower 48 suppliers if given the right market conditions. 4:08:29 PM CHAIR GIESSEL noted future hearings on Alaska agriculture were scheduled. 4:08:47 PM SENATOR WIELECHOWSKI noted the assertion that most Alaska producers could be competitive with outside producers and asserted that Alaskan consumers would prefer to buy Alaskan grown products, over products from out of state. He asked why it was necessary for government to step in and basically force organizations to pay higher prices for those goods. He suggested that governments role might be to educate and advertise rather than forcing organizations to pay more. 4:09:34 PM COMMISSIONER BOYLE noted the dual nature of the issue, emphasizing that some Alaska producers can already compete with imported products, while others may need certainty to scale up their operations to become competitive. He highlighted the potential for producers to invest in equipment and processing tools which could lower their costs and achieve economies of scale, bringing their products to competitive levels. COMMISSIONER BOYLE offered Alaska Range Dairy as an example. He said the dairy produced high-quality milk that was competitively priced compared to organic or other premium milks from the Lower 48. He stated that Alaska products might initially cost more, but their superior quality and potential for cost reduction through scaling made them competitive. 4:11:52 PM SENATOR CLAMAN asked how much of the food products grown in Alaska, except for fish products, were exported or if they were all consumed in Alaska. 4:12:10 PM COMMISSIONER BOYLE said he would provide that figure at a future meeting. 4:12:14 PM SENATOR CLAMAN also asked for more data demonstrating that there is a market to produce more and price data to support the expectation of economies of scale. 4:12:53 PM CHAIR GIESSEL held SB 67 in committee.
Document Name | Date/Time | Subjects |
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2.7.25 SB 67 Transmittal Letter.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB 67 Fiscal Note DCCED-DCRA.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB67 PowerPoint Presentation to SRES.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB 67 Sectional Analysis version A.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 67 |
2.7.25 SB 75 Sectional Analysis Timber Management Leases 1.28.2025.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |
2.7.25 SB75 Timber Mgmt. Leases Transmittal Letter.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |
2.7.25 SB75 DNR presentation to SRES Timber Management Leases.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |
2.7.25 SB 75 Fiscal Note DNR.pdf |
SRES 2/7/2025 3:30:00 PM |
SB 75 |