Legislature(1999 - 2000)

03/17/2000 02:18 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 304                                                                                                              
                                                                                                                                
"An Act relating to issuance and sale of revenue bonds                                                                          
to fund drinking water projects, to creation of an                                                                              
Alaska clean water administrative fund and an Alaska                                                                            
drinking water administrative fund, to fees to be                                                                               
charged in connection with loans made from the Alaska                                                                           
clean water fund and the Alaska drinking water fund,                                                                            
and to clarification of the character and permissible                                                                           
uses of the Alaska drinking water fund; amending Rule                                                                           
3, Alaska Rules of Civil Procedure; and providing for                                                                           
an effective date."                                                                                                             
                                                                                                                                
Co-Chair Therriault provided members with a proposed                                                                            
committee substitute 1-GH2031\G, Cook 3/17/00 (copy on                                                                          
file).                                                                                                                          
                                                                                                                                
MIKE TIBBLES, STAFF, REPRESENTATIVE THERRIAULT provided                                                                         
information on the proposed committee substitute. The title                                                                     
was amended to include "to the Alaska Clean Water Fund".                                                                        
This reflects changes in the legislation.                                                                                       
                                                                                                                                
References to AS 46.03.032 and AS 46.03.036 were added on                                                                       
page 1, lines 11 and 12: AS 46.03.032 refers to the Clean                                                                       
Water Fund, which is waste water and AS 46.03.06 refers to                                                                      
Alaska Drinking Water Fund (Safe Water).                                                                                        
                                                                                                                                
A technical change was made on page 2, line 18: "for each                                                                       
program" was deleted. This was no longer needed because both                                                                    
programs are added under subsection (a).                                                                                        
                                                                                                                                
Mr. Tibbles noted that "as appropriate" replaces                                                                                
"respectively" in a number of places in the bill.                                                                               
                                                                                                                                
Section 18 is a new section; it amends the definition of                                                                        
"other qualified entity". This addresses the Clean Water                                                                        
Fund and brings in private entities approved under federal                                                                      
statute 33. U.S.C. 1383. There are no private entities                                                                          
currently approved under this section. The Drinking Water                                                                       
Fund was amended in 1996, to allow loans to private                                                                             
entities. The legislation makes both programs consistent.                                                                       
                                                                                                                                
In response to a question by Representative Grussendorf, Mr.                                                                    
Tibbles explained that the intent is to cover privately                                                                         
owned economically regulated utilities. There are 600                                                                           
privately owned utilities. Only 24 of them are economically                                                                     
regulated. The intent is to only cover the economically                                                                         
regulated privately owned utilities. Page 9, subsection 1(b)                                                                    
refers to the Alaska Drinking Water Fund and includes                                                                           
economically regulated organizations that are not exempt                                                                        
from regulation under AS 42.05.711(d).                                                                                          
                                                                                                                                
Language was added on page 10, line 3 - 6 to allow the                                                                          
Department of Environmental Conservation to establish                                                                           
different loan terms, charges and rates. This addresses                                                                         
concerns that higher risk entities would have a greater                                                                         
impact.                                                                                                                         
                                                                                                                                
(TAPE CHANGE, HFC 00 - 72, SIDE 2)                                                                                              
                                                                                                                                
Mr. Tibbles noted that language was also added on page 10,                                                                      
lines 17 and 18: "a loan may not be made to an organization                                                                     
that is not a municipality to refinance debt of that                                                                            
organization"                                                                                                                   
                                                                                                                                
There is also is a delayed effective date.                                                                                      
                                                                                                                                
Co-Chair Therriault noted that the ability to charge                                                                            
different rates was requested by the Commissioner of the                                                                        
Department of Natural Resources.                                                                                                
                                                                                                                                
DAN EASTON, DIRECTOR, DIVISION OF FACILITY CONSTRUCTION AND                                                                     
OPERATION, DEPARTMENT OF ENVIRONMENTAL CONSERVATION provided                                                                    
information on HB 304. He noted that the original intent of                                                                     
HB 304 was to give the department the same bonding authority                                                                    
for drinking water as the they currently have for waste                                                                         
water projects. There are two loan programs: the Clean Water                                                                    
Fund for wastewater projects and the Drinking Water Fund for                                                                    
drinking water projects. The department has bonding                                                                             
authority for the Clean Water Fund. The department did not                                                                      
have bonding authority for the Drinking Water Fund. Bonding                                                                     
authority allows the department to use bonding revenues to                                                                      
add more money to the Fund and make more money available for                                                                    
loans. Bonding mechanisms can be used to pay for the state                                                                      
match requirement.                                                                                                              
                                                                                                                                
Mr. Easton explained that the legislation was also intended                                                                     
to provide a long-term mechanism to pay for the program's                                                                       
operational expenses. The program's operational expenses                                                                        
have been paid with federal funding that will cease. When                                                                       
federal grants cease an alternative mechanism will be                                                                           
needed. House Bill 304 allows the department to divert                                                                          
money, paid back by communities, into another account that                                                                      
could be used for operating costs through the capital and                                                                       
operating budgets.                                                                                                              
                                                                                                                                
The proposed committee substitute makes privately owned                                                                         
utilities eligible for loans for the Drinking Water Program.                                                                    
Federal law currently prohibits loans for sewage and                                                                            
wastewater projects to privately owned utilities. He                                                                            
emphasized that the proposed committee substitute would                                                                         
improve drinking water through financial improvements.                                                                          
                                                                                                                                
Mr. Easton referred to the department's request for                                                                             
authorization to charge different rates on loans. He                                                                            
observed that if loans to private utilities cost more to                                                                        
make and are higher risk than the department can apportion                                                                      
interest rates so that higher risk and entities with higher                                                                     
costs pay more. Municipalities that are lower risk and cost                                                                     
less would not have to pay the burden of the privately owned                                                                    
utilities. He spoke in support of the delayed effective                                                                         
date.                                                                                                                           
                                                                                                                                
Co-Chair Therriault pointed out that only privately owned                                                                       
utilities are economically regulated. He quoted from a                                                                          
letter by the Regulatory Commission of Alaska:                                                                                  
                                                                                                                                
Generally, all economically regulated expenses are                                                                              
reviewed according to these criteria. Accordingly, any                                                                          
reduction in debt-service expense associated with                                                                               
allowed costs would generally be of benefit to the                                                                              
ratepayers of the utility. The ratepayers would benefit                                                                         
through rates lower than would otherwise be required to                                                                         
allow the utility to recover its debt-service expense.                                                                          
                                                                                                                                
Co-Chair Therriault pointed out that the legislation allows                                                                     
privately owned companies to lower their customer rates. The                                                                    
benefit flows to the ratepayer.                                                                                                 
                                                                                                                                
Representative J. Davies suggested that a reasonable portion                                                                    
could benefit the operators. He questioned if the                                                                               
legislation would cover private drinking water and sewage                                                                       
projects.                                                                                                                       
                                                                                                                                
Discussion ensued regarding the legislation's coverage of                                                                       
drinking water and wastewater projects.                                                                                         
                                                                                                                                
ANDY WARWICK, CHAIRMAN, BOARD OF DIRECTORS, UTILITIES                                                                           
SECURITIES OF ALASKA spoke in support of the legislation. He                                                                    
observed that the program replaces general fund monies with                                                                     
loan dollars and allows the program to expand. The proposed                                                                     
committee substitute makes the program available to public                                                                      
utilities regardless of whether they are municipal or                                                                           
investor owned, as long as the investor owned utilities are                                                                     
economically regulated. All benefits of the program would be                                                                    
passed on to the customers. Customers would be on a level                                                                       
playing field. He maintained that the legislation would                                                                         
improve the quality of life for all Alaskans.                                                                                   
                                                                                                                                
In response to a question by Representative J. Davies, Mr.                                                                      
Warwick stated that it is his understanding that federal law                                                                    
allows privately owned utilities to participate in drinking                                                                     
water but not the wastewater programs. The legislation, as                                                                      
it stands, follows the federal law; it does not allow                                                                           
participation in the wastewater portion. If private                                                                             
utilities become eligible under federal law than money from                                                                     
the federal government would allow participation. He                                                                            
observed that the intent is to participate in whatever is                                                                       
allowed under federal law. Money is coming from the federal                                                                     
government with the intent to benefit all utilities.                                                                            
                                                                                                                                
Representative J. Davies expressed concern that the federal                                                                     
law could be written in a general way to permit a wide range                                                                    
of privately owned utilities to participate. He wanted state                                                                    
statutes to reflect the need that private utilities be                                                                          
economically regulated (to be eligible for the loan                                                                             
programs.) Mr. Warwick thought that the legislation                                                                             
addressed Representative J. Davies' concerns.                                                                                   
                                                                                                                                
Co-Chair Therriault observed that the legislation                                                                               
specifically addresses drinking water. He noted that an                                                                         
amendment would be needed to specifically add wastewater.                                                                       
                                                                                                                                
Mr. Easton concluded that the restriction that private                                                                          
utilities must be economically regulated only applies to the                                                                    
drinking water loan program and agreed that an amendment                                                                        
would be needed to address wastewater.                                                                                          
                                                                                                                                
Representative J. Davies MOVED to ADOPT a conceptional                                                                          
amendment: add a condition that when sewage programs become                                                                     
available under federal statutes, that they be allowed, but                                                                     
that a further requirement be added that they would be                                                                          
regulated by the RCA and economically regulated in the                                                                          
manner parallel to the water funds. There being NO                                                                              
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
Representative Foster MOVED to ADOPT the proposed committee                                                                     
substitute work draft, 1-GH2031\G, Cook 3/17/00. There being                                                                    
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
Representative Foster MOVED to report CSHB 304 (FIN) out of                                                                     
Committee with the accompanying fiscal note. There being NO                                                                     
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB 304 (FIN) was REPORTED out of Committee with a "do                                                                         
pass" recommendation and with a fiscal impact note by the                                                                       
Department of Environmental Conservation, dated 1/21/00; and                                                                    
zero fiscal note by the Department of Revenue, dated                                                                            
1/21/00.                                                                                                                        

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