Legislature(2011 - 2012)HOUSE FINANCE 519

04/09/2012 09:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 2:15 pm Today --
+= HB 286 G.O. BONDS FOR PORTS TELECONFERENCED
Heard & Held
+ SB 92 DENTISTS/DENTAL HYGIENISTS/ASSISTANTS TELECONFERENCED
Moved HCS CSSB 92(L&C) Out of Committee
+ SB 130 ALASKA NATIVE LANGUAGE COUNCIL TELECONFERENCED
Moved HCS CSSB 130(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 286                                                                                                            
                                                                                                                                
     "An Act providing  for and relating to  the issuance of                                                                    
     general obligation bonds for  the purpose of paying the                                                                    
     cost of  municipal port projects; and  providing for an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:06:30 AM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  MOVED  to ADOPT  proposed  committee                                                                    
substitute (CS) for HB 286,  Work Draft 27-GH2769\B (Kirsch,                                                                    
4/6/12).                                                                                                                        
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
JAMES   ARMSTRONG,  STAFF,   REPRESENTATIVE  BILL   STOLTZE,                                                                    
discussed   that  the   CS  would   issue  $453,499,200   in                                                                    
transportation  general obligation  (G.O.) bonds  across the                                                                    
state.  He remarked  that the  House and  Senate had  worked                                                                    
together to  develop a  balanced package.  Projects included                                                                    
in  the   bill  were  shown   in  the  capital   budget  for                                                                    
appropriation   authority.   He  recommended   a   technical                                                                    
amendment that would replace  the word "reconstruction" with                                                                    
the word  "construction" in relation  to a Katlian  Bay Road                                                                    
item (page 3, line 16).                                                                                                         
                                                                                                                                
Co-Chair Stoltze noted that the  change would be substantive                                                                    
and not technical  and that the issue would  be addressed in                                                                    
the   amendment  process.   Mr.   Armstrong  remarked   that                                                                    
committee members  had been  in possession of  the CS  for a                                                                    
couple of  days and he  was not  aware of any  other changes                                                                    
that needed to occur.                                                                                                           
                                                                                                                                
Co-Chair Stoltze  clarified that there had  been suggestions                                                                    
made   regarding   the   appropriate  titles   and   project                                                                    
descriptions in  the CS. He  asked for a description  of the                                                                    
bill and the Department of  Revenue's (DOR) role in the bond                                                                    
process.                                                                                                                        
                                                                                                                                
ANGELA  RODELL,  DEPUTY   COMMISSIONER,  TREASURY  DIVISION,                                                                    
DEPARTMENT OF REVENUE, explained  that the bill provided for                                                                    
the  issuance of  $453,499,200 in  G.O.  bonds. The  state's                                                                    
debt was managed by DOR  and the issuance would be conducted                                                                    
out of  its office.  The debt would  be issued  piecemeal as                                                                    
the projects  were ready to  be funded to ensure  that items                                                                    
were  not  prefunded  prior to  being  "shovel"  ready.  The                                                                    
department  believed it  was appropriate  to issue  debt for                                                                    
the  projects  that  were   long-term;  the  current  market                                                                    
conditions made  it very  affordable to  issue debt  and the                                                                    
issuance would  allow the  state to use  its cash  for other                                                                    
purposes and to  pay down its higher cost  debt. She relayed                                                                    
that  the projects  in the  CS were  significantly different                                                                    
than  the ones  proposed by  the  governor, but  all of  the                                                                    
projects included were appropriate for debt issuance.                                                                           
                                                                                                                                
9:10:22 AM                                                                                                                    
                                                                                                                                
Representative Doogan  wondered whether all of  the projects                                                                    
proposed by the governor were  incorporated into the CS. Mr.                                                                    
Armstrong replied  that the Senate  Transportation Committee                                                                    
had added two projects.                                                                                                         
                                                                                                                                
Representative  Doogan  clarified  that he  wanted  to  know                                                                    
whether all  of the governor's original  items were included                                                                    
in the bill.  Mr. Armstrong responded that all  of the items                                                                    
were included albeit in smaller amounts.                                                                                        
                                                                                                                                
Co-Chair Stoltze commented on the size of the bond package.                                                                     
                                                                                                                                
Mr. Armstrong  added that  funding for  a Ward  Cove project                                                                    
was  removed  from HB  286  and  had  been included  in  the                                                                    
proposed capital budget.                                                                                                        
                                                                                                                                
Representative  Gara   queried  what  the   public's  annual                                                                    
payment cost  would be and how  long it would last  when the                                                                    
full  bond was  issued. Co-Chair  Stoltze answered  that the                                                                    
amount was listed in the fiscal note.                                                                                           
                                                                                                                                
Mr.  Armstrong  referred to  the  Office  of Management  and                                                                    
Budget  fiscal note.  The total  cost  would be  $36,392,000                                                                    
beginning in FY 17 for a period of 20 years.                                                                                    
                                                                                                                                
Representative  Gara   asked  for  an  estimate   of  annual                                                                    
payments  made resulting  from a  bond that  had passed  two                                                                    
years earlier. He  was interested to know how  much the bill                                                                    
would add on  to existing future debt.  Co-Chair Stoltze was                                                                    
interested in the amount that had  been paid down on debt as                                                                    
well.                                                                                                                           
                                                                                                                                
Mr.   Armstrong  replied   that  the   education  bond   was                                                                    
$29,772,000  for  a  $397,300,000   package  that  had  been                                                                    
developed two years earlier.                                                                                                    
                                                                                                                                
Ms. Rodell  added that  there was $197  million of  the past                                                                    
authorization that DOR  had not issued because  the need for                                                                    
the  funds  had  not  surfaced as  of  yet;  the  department                                                                    
expected to issue the amount  during FY 13. She relayed that                                                                    
a  refunding had  been done  in January  2012 that  provided                                                                    
approximately $27  million in all-in savings,  which equaled                                                                    
about $3 million per year.                                                                                                      
                                                                                                                                
9:14:00 AM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough  pointed to the fiscal  note and asked                                                                    
for  an  explanation of  the  difference  between the  terms                                                                    
"tax-exempt"  and  "tax  exempt"  listed in  the  bill.  Ms.                                                                    
Rodell replied that tax-exempt  meant completely tax exempt.                                                                    
The non-hyphenated term "tax exempt"  referred to tax exempt                                                                    
subject to the alternative minimum  tax, which was a federal                                                                    
tax code related  to the nature of  projects. She elaborated                                                                    
that in  the case  of private  activity projects  (most port                                                                    
projects fell into the category  because they were leased to                                                                    
private industry)  tax exempt income  on a bond  was subject                                                                    
to the  alternative minimum tax  if the taxpayer had  to pay                                                                    
an alternative minimum tax.                                                                                                     
                                                                                                                                
Co-Chair  Thomas discussed  that  G.O. bond  money had  been                                                                    
appropriated  for  a  Cordova   bridge  a  couple  of  years                                                                    
earlier; however,  the bridge  had been  washed out  and was                                                                    
closed indefinitely.  He would  talk with the  Department of                                                                    
Transportation and Public Facilities  (DOT) to determine the                                                                    
appropriate course  of action,  given that G.O.  bonds could                                                                    
not  be reappropriated.  He reported  that his  office would                                                                    
research the issue and follow up with DOR.                                                                                      
                                                                                                                                
Representative  Guttenberg   wondered  whether   there  were                                                                    
restrictions  on conducting  project  work  before the  bond                                                                    
issuance  in   February  2013.  He  assumed   that  projects                                                                    
included on the  list would be shovel-ready at  the time the                                                                    
bonds were issued.                                                                                                              
                                                                                                                                
Mr. Armstrong replied that DOT  planned to add some money to                                                                    
its   accelerated  capital   fund  account   in  order   for                                                                    
preliminary  work  on some  of  the  projects to  begin.  He                                                                    
relayed that  the capital budget  included $4 million  to $5                                                                    
million and  that there was a  request to increase it  by $3                                                                    
million.                                                                                                                        
                                                                                                                                
Representative Guttenberg wondered  whether the amount would                                                                    
be  included in  the capital  budget. Mr.  Armstrong replied                                                                    
that funding  was in the governor's  proposed capital budget                                                                    
and that  he would provide  the detailed information  to the                                                                    
committee.                                                                                                                      
                                                                                                                                
Representative   Guttenberg   queried  the   state's   total                                                                    
outstanding  bond obligation  and its  overall maximum  bond                                                                    
issuance level. Ms. Rodell replied  that the state's current                                                                    
debt  obligation  was  approximately $650  million  to  $660                                                                    
million.  Markets  and rating  agencies  would  look to  the                                                                    
state's   overall  debt   including  the   unfunded  pension                                                                    
liability,  and any  moral and  lease  obligation debt.  The                                                                    
amount was well within the  limits of the state's ability to                                                                    
withstand  debt; Alaska  currently had  tremendous financial                                                                    
reserves,   which  created   flexibility  around   financing                                                                    
infrastructure projects.                                                                                                        
                                                                                                                                
Representative   Doogan   asked   about  the   location   of                                                                    
Mertarvik,  Alaska (page  2, line  26  of the  legislation).                                                                    
Representative  Joule replied  that  Mertarvik  was the  new                                                                    
site chosen for the move from Newtok.                                                                                           
                                                                                                                                
9:18:37 AM                                                                                                                    
                                                                                                                                
Co-Chair Thomas  noted that the  bill would come  before the                                                                    
committee again following public testimony.                                                                                     
                                                                                                                                
Co-Chair Stoltze  WITHDREW his OBJECTION to  the adoption of                                                                    
the CS.  There being  NO further  OBJECTION, Work  Draft 27-                                                                    
GH2769\B was ADOPTED.                                                                                                           
                                                                                                                                
9:19:29 AM                                                                                                                    
                                                                                                                                
DENISE MICHELS,  MAYOR, CITY OF NOME,  thanked the committee                                                                    
for considering  Nome's initial  request. She  requested the                                                                    
inclusion of  an additional $40  million for a total  of $50                                                                    
million. She communicated that the  city had been working on                                                                    
becoming the  deep-draft Arctic port  for the  nation. There                                                                    
was a 35  percent design showing that the port  could get to                                                                    
minus 35 percent  to support all vessels going  up for Outer                                                                    
Continental Shelf (OCS) leases;  the city's data showed that                                                                    
Port of  Nome numbers had  gone up with  increased drilling.                                                                    
She furthered that annual dockings  had increased from 30 in                                                                    
1988  to  304  at  present.   The  city  was  looking  at  a                                                                    
partnership with the state to  support the industry, job and                                                                    
economic   development   creation,   and  to   ensure   that                                                                    
enforcement existed. She noted the  funding tied in with the                                                                    
Northern Waters  Task Force Report,  the 2009  Arctic Marine                                                                    
Shipping Report,  and other  state planning  documents (Road                                                                    
to Resources and road to Nome).                                                                                                 
                                                                                                                                
Representative  Gara wondered  how people  would feel  about                                                                    
dredging  in  an  area  where people  mined  for  gold.  Ms.                                                                    
Michels  replied that  Nome was  working with  all users  to                                                                    
prevent  any user  conflict. She  relayed that  dredging had                                                                    
increased significantly  since 1990;  there were  51 permits                                                                    
in the  current year. The  state had received $9  million in                                                                    
revenue on increased lease sales.                                                                                               
                                                                                                                                
CHRISTINE   KLEIN,   CHIEF    OPERATING   OFFICER,   CALISTA                                                                    
CORPORATION (via teleconference),  thanked the committee for                                                                    
its  time. She  pointed out  that  funding for  the Port  of                                                                    
Emmonak had  been dropped from  the legislation.  She shared                                                                    
that the  $16.5 million project was  shovel ready. Currently                                                                    
there was no  existing port on the lower  Yukon River; there                                                                    
was a  fishery that  was very important  to the  region. She                                                                    
requested  that  the project  be  reinserted  into the  bond                                                                    
package.                                                                                                                        
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
Mr.   Armstrong   referenced   an  earlier   question   from                                                                    
Representative Guttenberg  and pointed  to information  on a                                                                    
Project Acceleration Account on page 84 of the CS.                                                                              
                                                                                                                                
Representative Gara  asked whether  the Port of  Emmonak was                                                                    
included  in the  capital budget.  Co-Chair Stoltze  did not                                                                    
know. He would  relay the concern to  Senator Lyman Hoffman.                                                                    
Representative  Edgmon  clarified   that  the  district  was                                                                    
Senator Olson's.                                                                                                                
                                                                                                                                
HB  286  was  HEARD  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:25:22 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:31:00 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 286 CS WORKDRAFT 27-GH2769-B.pdf HFIN 4/9/2012 9:00:00 AM
HB 286
HB286CS(FIN)-DOR-TRS-04-06-12NEW.pdf HFIN 4/9/2012 9:00:00 AM
HB 286
SB 92 Lttr from OR Board of Dentistry.PDF HFIN 4/9/2012 9:00:00 AM
SB 92
SB 92 lttr supporting, ADPAC-DAPAC.PDF HFIN 4/9/2012 9:00:00 AM
SB 92
SB 92 CBPL memo, Habeger 04012011.PDF HFIN 4/9/2012 9:00:00 AM
SB 92
SB 92 ANTHC letter 3-31-11.PDF HFIN 4/9/2012 9:00:00 AM
SB 92
SB 92 lttr, SCF proposed amendment.pdf HFIN 4/9/2012 9:00:00 AM
SB 92
SB 92 Sponsor Statement for H FIN.pdf HFIN 4/9/2012 9:00:00 AM
SB 92
SB 92 Sectional Analysis and Summary of Changes for HFIN.pdf HFIN 4/9/2012 9:00:00 AM
SB 92
SB92 AMENDMENT 1 STOLTZE.pdf HFIN 4/9/2012 9:00:00 AM
SB 92
SB 130 Cursory Survey.pdf HFIN 4/9/2012 9:00:00 AM
SB 130
SB 130 Sponsor Statement.pdf HFIN 4/9/2012 9:00:00 AM
SB 130
SB 130 Legal Services Memo 11.08.11 attachments.pdf HFIN 4/9/2012 9:00:00 AM
SB 130
SB 130 Explanation of Changes.pdf HFIN 4/9/2012 9:00:00 AM
SB 130
SB 130 Cursory Survey.pdf HFIN 4/9/2012 9:00:00 AM
SB 130