Legislature(2005 - 2006)HOUSE FINANCE 519

04/04/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 57 SALE OF STATE LAND TO ADJACENT LANDOWNERS TELECONFERENCED
Moved CSHB 57(FIN) Out of Committee
+ HB 445 ALTERNATIVE ENERGY GRANT FUND TELECONFERENCED
Heard & Held
+ HB 470 MANDATORY USE OF HEADLIGHTS TELECONFERENCED
<Bill Hearing Postponed>
*+ HB 493 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HOUSE BILL 493                                                                                                      
                                                                                                                                
          "An Act relating to reimbursement of municipal bonds for                                                              
          school construction."                                                                                                 
                                                                                                                                
          2:08:07 PM                                                                                                          
                                                                                                                                
          PETER ECKLUND, STAFF  TO REPRESENTATIVE KEVIN MEYER testified                                                         
          regarding the  bill.  He explained that  the bill proposes to                                                         
          allow  municipalities  to bond  for  school construction  and                                                         
          renovation projections  beginning November 1, 2006 and ending                                                         
          November 1,  2008.  He noted that  under current legislation,                                                         
          any  municipality  could  ask  their  electorate  to  approve                                                         
          funding  for  school capital  projects.    The principal  and                                                         
          interest payments would  then be eligible for partial payment                                                         
          by  the State.   Municipalities  would be  reimbursed  for 60                                                         
          percent of  the cost of all  projects that met  all the space                                                         
          allocation   guidelines  set  forth  by   the  Department  of                                                         
          Education  and Early Development.   Mr. Ecklund noted  that a                                                         
          40 percent  reimbursement rate  would apply to  projects that                                                         
          exceeded  the space  allocation guidelines.   He  stated that                                                         
          currently there were  over $146 million in projects submitted                                                         
          to the Department that  could qualify for this reimbursement.                                                         
                                                                                                                                
          Co-Chair Meyer asked  for  an explanation  of  how the  60/40                                                         
          percent  was arrived  upon,  rather than  the previous  70/60                                                         
          formula.  Mr. Ecklund  explained that in 2002, the passage of                                                         
          HB   2003   opened  a   two-year   period   of  school   debt                                                         
          reimbursement.    He stated  that $699  million  of debt  was                                                         
          authorized to  be reimbursed by the Department  -- 55 percent                                                         
          at  the 70 percent  rate, and  45 percent  at the  60 percent                                                         
          rate.   It  followed  that nearly  half of  the schools  took                                                         
          advantage of  the 60 percent rate.   The Department concluded                                                         
          therefore that the 60  percent rate must have proven fair and                                                         
          attractive to municipalities.                                                                                         
                                                                                                                                
          Co-Chair Meyer referred  to the current program, in which the                                                         
          State  paid  for  70 percent  of  costs  of a  Department  of                                                         
          Education  approved  project, and  asked if  the program  was                                                         
          still in effect until October 1, 2006.                                                                                
                                                                                                                                
          Mr. Ecklund  stated that there was a  non-capped program open                                                         
          between  December of  2002 and  December of  2004.   He noted                                                         
          that   currently  there   were  $192   million   of  projects                                                         
          authorized  to be  bonded until  October  of this  year, with                                                         
          different caps  for schools with different  enrollment rates.                                                         
          He explained that the  current program finances 70 percent of                                                         
          the cost  of approved projects, and 60  percent of unapproved                                                         
          projects, expiring in October of 2006.                                                                                
                                                                                                                                
          2:11:52 PM                                                                                                          
                                                                                                                                
          Co-Chair Meyer clarified  that under the proposed program, if                                                         
          a project  was on the approved list, it  would qualify at the                                                         
          60  percent rate,  with no caps.   He  asked if  the proposed                                                         
          lower  rates of  reimbursement  were related  to the  current                                                         
          level  of indebtedness.   Mr.  Ecklund stated  that  the debt                                                         
          service  payments  for previously  authorized  debts was  $94                                                         
          million,  which did  not include the  nearly $300  million in                                                         
          projects  that have  been authorized but  not requested.   He                                                         
          also noted  that for every  $100 million in  debt authorized,                                                         
          the State's  debt service  payments increased $6  million per                                                         
          year for  twenty years.  He concluded that  if all authorized                                                         
          projects  requested payments,  it could increase  the State's                                                         
          debt payments by $18 million annually.                                                                                
                                                                                                                                
          Responding to a follow-up by Co-Chair Meyer, Mr.      Ecklund                                                         
          confirmed that currently the debt level was uncertain.                                                                
                                                                                                                                
          2:13:40 PM                                                                                                          
                                                                                                                                
          Co-Chair Meyer speculated  that since this  bill proposed the                                                         
          lower rate, it would result in a lower overall debt.                                                                  
                                                                                                                                
          Representative Stoltze    observed that a project  would need                                                         
          to meet  requirements after  it was submitted.   He expressed                                                         
          certain frustrations  with the capital project process of the                                                         
          Department  of Education  and Early  Development in  terms of                                                         
          waiting time and expense.                                                                                             
                                                                                                                                
          2:14:38 PM                                                                                                          
                                                                                                                                
          Representative Joule  asked if  a  tax  relief  or  community                                                         
          dividend  bill  might  be  a  companion  to  this  bill,  and                                                         
          observed  that   this  seemed  to  pass   a  debt  burden  to                                                         
          communities,  which often resulted in  higher property taxes.                                                         
          He   acknowledged  that  while   his  comment   was  somewhat                                                         
          facetious, it also pointed  out a real issue.  He asked if an                                                         
          earlier  debt  reimbursement  bill  connected  to  a  General                                                         
          Obligation  (GO) bond.      Mr. Ecklund  confirmed that  a GO                                                         
          Bond package  on the ballot  in 2002 addressed  previous debt                                                         
          reimbursement.                                                                                                        
                                                                                                                                
          2:16:31 PM                                                                                                          
                                                                                                                                
          Representative Joule  observed   that   there   was   current                                                         
          construction in rural  Alaskan schools that pertained to this                                                         
          issue.                                                                                                                
                                                                                                                                
          Co-Chair Meyer pointed  out the $25 million  in the budget to                                                         
          complete  maintenance items from  the previous year,  and his                                                         
          awareness  of  other rural  construction  or repair  projects                                                         
          that would need to be addressed by the capital budget.                                                                
                                                                                                                                
          2:17:21 PM                                                                                                          
                                                                                                                                
          Representative Joule      asked for  clarification  about the                                                         
          section  of  the bill  that  was funded  at  40 percent.  Mr.                                                         
          Ecklund  responded  that  during  the last  two-year  period,                                                         
          there were  70 and 60 percent debt  reimbursement provisions.                                                         
          He reiterated that during  that time, 45 percent were paid at                                                         
          the 60 percent level for unapproved projects.                                                                         
                                                                                                                                
          2:18:19 PM                                                                                                          
                                                                                                                                
          Representative Stoltze    noted an  earlier  proposal with  a                                                         
          50/50  proposition  in the  interior,  but  noted that  these                                                         
          could  not  be determined  without  certain  agreements.   He                                                         
          expressed  concern over whether  this represented  a "bidding                                                         
          war".                                                                                                                 
                                                                                                                                
          2:19:06 PM                                                                                                          
                                                                                                                                
          Co-Chair Meyer noted  that this  was  the highest  amount the                                                         
          State  felt  they could  reimburse  based  upon current  debt                                                         
          loads.   He suggested  that in the  past years, with  a lower                                                         
          debt load, the State  was able to reimburse up to 70 percent,                                                         
          but   that  currently,  a   60  percent  ratio   seemed  more                                                         
          reasonable.                                                                                                           
                                                                                                                                
          Representative  Stoltze commented that the  Matsu Borough and                                                         
          School  Board  had   experienced  frustration  in  trying  to                                                         
          receive  the   State  funding  needed   to  adequately  house                                                         
          students.   He expressed  the need  for discussion  about the                                                         
          proper ratio of reimbursement funding.                                                                                
                                                                                                                                
          2:20:32 PM                                                                                                          
                                                                                                                                
          EDDY JEANS, DIRECTOR,  EDUCATION SUPPORT SERVICES, DEPARTMENT                                                         
          OF  EDUCATION AND EARLY  DEVELOPMENT testified  regarding the                                                         
          bill.   He complimented  Mr. Ecklund  for his  explanation of                                                         
          the bill's  history.  He  then pointed out  the indeterminate                                                         
          fiscal  note  prepared   by  his  Department,  since  it  was                                                         
          currently unclear  which schools or projects  would apply for                                                         
          this  reimbursement.   In  response  to  an earlier  question                                                         
          about  how  many  projects  were  currently  outstanding,  he                                                         
          stated  that currently  $100 million  had been  authorized by                                                         
          voters  and  the Department  of  Education.    He noted  that                                                         
          municipalities  had  not yet  issued  these bonds.   He  also                                                         
          stated  that an additional  $200 million had  been authorized                                                         
          last  year,  partially  approved  by  the Department  and  by                                                         
          voters.  He confirmed  Mr. Ecklund's earlier observation that                                                         
          for every $100 million  in the 70 or 60 percent reimbursement                                                         
          ratio, the estimated  annual debt payment to the State was $6                                                         
          million  for  approximately  20 years.    He emphasized  that                                                         
          currently  the State's debt  burden was $94 million,  with an                                                         
          additional  $18 million  estimated  for the  next two  years,                                                         
          putting   the   State's   debt   reimbursement   program   at                                                         
          approximately $112 million.                                                                                           
                                                                                                                                
          2:21:51 PM                                                                                                          
                                                                                                                                
          Mr.  Jeans  then  pointed  out  that  at the  ratios  in  the                                                         
          proposed legislation,  the State's debt program would drop to                                                         
          approximately   $5   to  $5.5   million   per  $100   million                                                         
          authorized.                                                                                                           
                                                                                                                                
          Co-Chair  Meyer referred  to  a handout  pertaining  to State                                                         
          Capital  Funding, provided  by the  Department  of Education,                                                         
          and  asked  if  the  Department recommended  the  60  percent                                                         
          ratio.                                                                                                                
                                                                                                                                
          Mr.  Jeans  responded that  the  recommendation  made in  the                                                         
          report  was  for  a greater  variance  between  reimbursement                                                         
          levels for  those projects that met, as  opposed to exceeded,                                                         
          the Department  approved space  guidelines.   He  pointed out                                                         
          that  nearly half of  the projects  authorized under  HB 2003                                                         
          exceeded   space  guidelines,   leading  the   Department  to                                                         
          conclude  that a  ten percent  differential  did not  seem to                                                         
          matter  to districts.   They  therefore recommended  a larger                                                         
          span between percentages.                                                                                             
                                                                                                                                
          Co-Chair Meyer concluded  that the  Department  was concerned                                                         
          more with  the span than  the actual percentages.   Mr. Jeans                                                         
          stated that the Department  would leave it to the legislators                                                         
          to decide the reimbursement  levels, but pointed out that the                                                         
          impression  that  a  ten  percent  differential  would  deter                                                         
          districts  from department from  space guidelines  had proven                                                         
          untrue.                                                                                                               
                                                                                                                                
          2:24:10 PM                                                                                                          
                                                                                                                                
          Representative  Kelly asked  whether  the amount  of projects                                                         
          exceeding space  guidelines created a financial  burden.  Mr.                                                         
          Jeans  responded that when  HB 2003  was passed in  2003, the                                                         
          Department  knew  there  were  projects that  exceeded  space                                                         
          guidelines, but did  not anticipate that nearly half the debt                                                         
          reimbursement would  fall under that category.  He reiterated                                                         
          that  the  ten  percent  difference  did  not seem  to  deter                                                         
     districts from building outside space guidelines.                                                                          
                                                                                                                                
          2:25:06 PM                                                                                                          
                                                                                                                                
          Representative  Stoltze referred to past  contention over the                                                         
          development of criteria,  and asked if enough weight had been                                                         
          placed on  areas with documented  rates of growth.   He asked                                                         
          if in effect there existed a penalty for pre-planning.                                                                
                                                                                                                                
          Mr. Jeans  acknowledged that in the current  system there was                                                         
          not   a   provision   to   encourage   future   planning   in                                                         
          municipalities.   He  noted  that they  currently focused  on                                                         
          reacting to problems  of overcrowding.  He noted however that                                                         
          they did  allow for six or seven year  enrollment projections                                                         
          when applying for new  space.  He conceded that in areas like                                                         
          Matsu, the system was  not currently able to keep up with the                                                         
          level of growth.                                                                                                      
                                                                                                                                
          2:26:29 PM                                                                                                          
                                                                                                                                
          Representative Stoltze  suggested that it might be helpful to                                                         
          provide reimbursement  for land acquisitions  in advance.  He                                                         
          noted the increasing  difficulty to find adequate parcels, as                                                         
          well   as  contentious  legislative   efforts  in   the  past                                                         
          attempting to lower costs.                                                                                            
                                                                                                                                
          2:27:18 PM                                                                                                          
                                                                                                                                
          Representative  Joule  asked  if  grant  funding  to  schools                                                         
          unable  to bond  had  ever exceeded  space  guidelines.   Mr.                                                         
          Jeans  responded that  there had  not.  Representative  Joule                                                         
          followed up  by observing that negotiating  space differences                                                         
          occurred  prior to the  Department issuing its  priority list                                                         
          for the year.                                                                                                         
                                                                                                                                
          2:28:20 PM                                                                                                          
                                                                                                                                
          Mr. Jeans  noted that grant  projects must fall  within space                                                         
          guidelines,  and only under HB  2003 and SB 73  last year did                                                         
          the  State   allow  debt  reimbursement   for  projects  that                                                         
          exceeded space guidelines.                                                                                            
                                                                                                                                
          2:28:43 PM                                                                                                          
                                                                                                                                
          Responding to  a question by Representative  Kelly, Mr. Jeans                                                         
          confirmed   his  Department's   belief  that  a   20  percent                                                         
          differential  would   affect  the  number  of  projects  that                                                         
          exceeded space guidelines.                                                                                            
                                                                                                                                
          2:29:03 PM                                                                                                          
                                                                                                                                
          LARRY  WIGET,  DIRECTOR  OF GOVERNMENT  RELATIONS,  ANCHORAGE                                                         
          SCHOOL  DISTRICT  testified  online.    He commented  on  the                                                         
          success  of  the  school   debt  reimbursement  program,  and                                                         
          pointed out that higher  reimbursement numbers made it easier                                                         
          to  pass bonds  with  voters. He  confirmed  that the  School                                                         
          District supported the  bill, but stated that they would like                                                         
          to  extend the  time for  the new  program, from  November 1,                                                         
          2008,  to November  30,  2008 to  allow for  the election  to                                                         
          occur  that  year  for  approving  bonds  without  holding  a                                                         
          special election.                                                                                                     
                                                                                                                                
          Co-Chair Meyer proposed    that   they    create   CONCEPTUAL                                                         
    AMENDMENT changing the end date of the legislation.                                                                         
                                                                                                                                
          2:31:17 PM                                                                                                          
                                                                                                                                
          Representative Hawker     asked whether, if they approved the                                                         
          shift in  percentage reimbursements, it  would reflect poorly                                                         
          on the legislative support of schools.                                                                                
                                                                                                                                
          2:31:46 PM                                                                                                          
                                                                                                                                
          Mr.  Wiget  expressed   appreciation  of  the  program  being                                                         
          currently put  forth by the legislation.   He reiterated that                                                         
          the  greater the  level  of participation  by  the State  the                                                         
          easier  it was  for districts  to pass  bonds,  but expressed                                                         
          appreciation for the reimbursement program.                                                                           
                                                                                                                                
          2:32:31 PM                                                                                                          
                                                                                                                                
          Representative  Stoltze  noted  that  the April  election  in                                                         
          Anchorage, as  opposed to an October election  in other parts                                                         
          of the State, seemed  to cause problems of non-conformity, in                                                         
          this case necessitating an amendment.                                                                                 
                                                                                                                                
          Co-Chair Meyer expressed  the  desire  to  HOLD  the bill  in                                                         
          order to address further amendments.                                                                                  
                                                                                                                                
          2:33:27 PM                                                                                                          
                                                                                                                                
          Representative  Holm referred to very  large school projects,                                                         
          and  asked if  a more  standard school  system in  Alaska was                                                         
          more  cost effective  for the  state, rather  than individual                                                         
          designs.                                                                                                              
                                                                                                                                
          2:34:15 PM                                                                                                          
                                                                                                                                
          Mr.  Jeans  explained  that  the  Bond  Reimbursement  Review                                                         
          Committee had  examined the issue of  prototype schools. They                                                         
          found  that in  larger communities  like Anchorage,  protypes                                                         
          worked well at the elementary  school level, since there were                                                         
          so  many  schools.   However,  the State  has  not adopted  a                                                         
          standard prototype for high schools.                                                                                  
                                                                                                                                
          2:35:24 PM                                                                                                          
                                                                                                                                
          Responding  to another question  by Representative  Holm, Mr.                                                         
          Jeans noted that examination  of this issue led to prototypes                                                         
          being used  in Anchorage and Fairbanks.   He noted that there                                                         
          was not enough construction  in the state of large schools to                                                         
          make prototype models economically favorable.                                                                         
                                                                                                                                
          Representative Holm  observed that all schools have a similar                                                         
          function,  and  suggested  that  the  cost  for  construction                                                         
          should  not change  by changing  the appearance  of  a unique                                                         
          school.   He expressed  that a $54  million high  school made                                                         
          him uncomfortable.                                                                                                    
                                                                                                                                
          2:36:43 PM                                                                                                          
                                                                                                                                
          Mr.  Jeans  reiterated  that  the Bond  Reimbursement  Review                                                         
          Committee  had  examined  prototype  schools and  found  them                                                         
          ineffective at the high  school level.  He stressed that they                                                         
          used  such  models  effectively  for  elementary  schools  in                                                         
          Anchorage and Fairbanks.                                                                                              
                                                                                                                                
          2:37:48 PM                                                                                                          
                                                                                                                                
          MARY  FRANCIS, EXECUTIVE DIRECTOR,  ALASKA COUNCIL  OF SCHOOL                                                         
          ADMINISTRATORS,  (ACSA), testified  regarding the bill.   She                                                         
          noted  a resolution  in support  of extending  the  bond debt                                                         
          reimbursement  program  and  expressed  appreciation  to  the                                                         
          committee.   She also stated that ACSA  members would like to                                                         
          see a higher reimbursement rate.                                                                                      
                                                                                                                                
          Co-Chair Meyer closed public testimony.                                                                               
                                                                                                                                
          Co-Chair  Meyer MOVED  Amendment #1, 24-LS1752\G.1,  Mischel,                                                         
          3/20/06,  changing  the  end  date of  the  legislation  from                                                         
          November  1, 2008,  to  November 30,  2008.   There  being NO                                                         
          OBJECTIONS the Amendment was ADOPTED.                                                                                 
                                                                                                                                
          HB 493, as Amended, was HEARD and HELD.                                                                               
                                                                                                                                
          2:40:07 PM                                                                                                          
                                                                                                                                
          Representative  Stoltze, following  up  on the  discussion on                                                         
          school  design uniformity,  asked for a  list of  schools and                                                         
          populations  to be provided by  Mr. Jeans.  He  noted that in                                                         
          his district, school populations ranged from 700 to 2,200.                                                            
                                                                                                                                

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