Legislature(2003 - 2004)

05/16/2003 01:49 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 301                                                                                                            
                                                                                                                                
An Act  establishing the Knik  Arm Bridge and  Toll Authority                                                                   
and  relating  to  that  authority;   and  providing  for  an                                                                   
effective date.                                                                                                                 
                                                                                                                                
MICHAEL BARTON, COMMISSIONER,  DEPARTMENT OF TRANSPORTATION &                                                                   
PUBLIC FACILITIES,  explained that  the bill would  establish                                                                   
an independent authority  to build and operate  a toll bridge                                                                   
over  Knik Arm.    The authority  would  be  able to  receive                                                                   
federal money  and issue  revenue bonds  to finance  the toll                                                                   
bridge and its  appurtenant facilities.  The  authority would                                                                   
design, construct, and operate the bridge and the facility.                                                                     
                                                                                                                                
The authority would  be a public corporation  that would have                                                                   
a separate independent  legal existence from the  State.  The                                                                   
revenue  of  the  authority  would not  become  part  of  the                                                                   
general  fund and  the  property of  the  authority would  be                                                                   
exempt from taxation.                                                                                                           
                                                                                                                                
Commissioner Barton continued,  the bill establishes a three-                                                                   
person board to  govern the authority.  The  commissioners of                                                                   
the   Department   of   Revenue   and   the   Department   of                                                                   
Transportation & Public Facilities  would serve on the board,                                                                   
along with a member of the public,  appointed by the Governor                                                                   
for a five-year term.                                                                                                           
                                                                                                                                
Representative  Kerttula  referenced Page  3,  Lines 4-6  and                                                                   
voiced  concern  with  what could  happen  if  the  authority                                                                   
failed.  If that occurred, would  the Legislature retain only                                                                   
the power to pull back funding.                                                                                                 
                                                                                                                                
TOM  BOUTIN,  DEPUTY  COMMISSIONER,  DEPARTMENT  OF  REVENUE,                                                                   
explained  that typically  in stand-alone  revenue bonds,  if                                                                   
there are bonds,  authorized by the Legislature,  there would                                                                   
be a  trustee who  would have  the ability  to take  over the                                                                   
entire facility and manage it  under the worse case scenario.                                                                   
The  bill  would  not  have  the  State's  moral  or  general                                                                   
obligation.                                                                                                                     
                                                                                                                                
Representative Kerttula asked  if that was standard language.                                                                   
Mr. Boutin  advised that any  new debt would  require further                                                                   
authorization.    It  is  typical  language  for  stand-alone                                                                   
revenue bond authority.                                                                                                         
                                                                                                                                
Representative  Kerttula  referenced  Page  3,  Lines  21-23,                                                                   
which lists  the powers.   She inquired if "planned,"  meant,                                                                   
"developing".     Commissioner  Barton  responded   that  was                                                                   
implicit.   Representative Kerttula  continued, Page  4, Line                                                                   
6, asking  what would happen  if the State received  "gifted"                                                                   
grants or authority.  Commissioner Barton [inaudible].                                                                          
                                                                                                                                
Representative  Kerttula noted concern  with the  language on                                                                   
Page  12, Lines  6-9, the  exemption  from local  regulation.                                                                   
That  language gives  the authority  complete exemption  from                                                                   
land  use  planning,  zoning  and  permitting  power  of  any                                                                   
political  subdivision.   She  asked what  local  communities                                                                   
felt about inclusion  of that language.   Commissioner Barton                                                                   
responded  that the language  was standard  for a project  of                                                                   
this size and stated that he did  not know what the community                                                                   
thought  about   the  verbiage.     Representative   Kerttula                                                                   
emphasized her concern with the  zoning affect.  Commissioner                                                                   
Barton added  that the communities  would each have  a member                                                                   
on the board.                                                                                                                   
                                                                                                                                
Representative Berkowitz asked  if there was a reason to rush                                                                   
into the  activity of the  proposed authority.   Commissioner                                                                   
Barton responded  that this could  be an "investment  for the                                                                   
future of Alaska".   The authority could provide  a focus and                                                                   
impetus  to move  the  project  forward.   He  noted that  he                                                                   
anticipated  process delays  and that  the legislation  could                                                                   
help facilitate getting the crossing built.                                                                                     
                                                                                                                                
Representative  Berkowitz  noted  concern  with  power  of  a                                                                   
bridge authority.   He  recommended moving  more slowly  as a                                                                   
legislative  body  and  proposing a  more  modified  version.                                                                   
Commissioner  Barton commented that  the authority  will only                                                                   
have the power that the Legislature grants.                                                                                     
                                                                                                                                
Representative  Berkowitz  emphasized  his concern  with  the                                                                   
composition of the board of directors  on that authority.  On                                                                   
Page 3, he  noted questions regarding the "powers  and duties                                                                   
of the  authority" on real and  personal property.   He added                                                                   
that it is mentioned that the  purpose of the authority is to                                                                   
advance  the  "economic  development   of  the  State".    In                                                                   
creating  an  authority,  there  needs  to be  more  time  to                                                                   
develop  the   authority's  mission.    Commissioner   Barton                                                                   
observed that it  is important that "both ends  of the bridge                                                                   
be involved".   The  impact extends  beyond the influence  of                                                                   
the actual bridge.                                                                                                              
                                                                                                                                
HB 301 was HELD in Committee for further consideration.                                                                         
                                                                                                                                

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