Legislature(2011 - 2012)HOUSE FINANCE 519

04/14/2012 09:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued at 7:25 p.m. --
+ SB 182 PUPIL TRANSPORTATION FUNDING TELECONFERENCED
Moved HCS CSSB 182(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 23 FILM PRODUCTION TAX CREDIT/AUDITS TELECONFERENCED
Moved HCS CSSB 23(FIN) Out of Committee
+= SB 160 BUDGET: CAPITAL TELECONFERENCED
Moved HCS CSSB 160(FIN) Out of Committee
+= SB 66 AIDEA: NEW MARKETS TAX CREDIT PROGRAM TELECONFERENCED
Moved HCS CSSB 66(FIN) Out of Committee
CS FOR SENATE BILL NO. 66(L&C)                                                                                                
                                                                                                                                
     "An  Act creating  a new markets  tax credit  assistance                                                                   
     guarantee   and   loan   program   within   the   Alaska                                                                   
     Industrial   Development   and  Export   Authority   and                                                                   
     relating   to  the   program;  and   providing  for   an                                                                   
     effective date."                                                                                                           
                                                                                                                                
Representative  Wilson MOVED to  ADOPT CS CSSB  66(FIN), Work                                                                   
Draft 27-GS1747\I (4/14/12, Martin).                                                                                            
                                                                                                                                
Representative   Doogan   OBJECTED   for   the   purpose   of                                                                   
discussion.                                                                                                                     
                                                                                                                                
4:34:24 PM                                                                                                                    
                                                                                                                                
MARK DAVIS,  DEPUTY DIRECTOR,  ALASKA INDUSTRIAL  DEVELOPMENT                                                                   
AND  EXPORT  AUTHORITY,  (AIDEA),   DEPARTMENT  OF  COMMERCE,                                                                   
COMMUNITY   AND   ECONOMIC   DEVELOPMENT,    spoke   to   the                                                                   
legislation.   He  explained   that  SB   66  provided   loan                                                                   
guarantees in  conjunction with  the federal New  Markets Tax                                                                   
Credit  Program  (NMTC). Investors  making  qualified  equity                                                                   
investments would  receive a federal  tax credit  totaling 39                                                                   
percent of the  cost of the investment. The  program required                                                                   
that the  remaining portion of  the funding come from  a loan                                                                   
through  a financial  institution.  He  noted that  the  NMTC                                                                   
programs,   intended  to  foster   economic  development   in                                                                   
economically challenged  areas was successful in  Alaska.  He                                                                   
cited  the   fish  processing  plant  [Goodnews   Bay  Salmon                                                                   
Processing  Plant]  in  Platinum   and  the  long  term  care                                                                   
facility in Kotzebue as examples.                                                                                               
                                                                                                                                
Mr. Davis  reported that banks  were reluctant to  lend since                                                                   
the  economic  downturn  in 2008.  The  program  imposed  two                                                                   
restrictions on  lending: The leveraged lender  is limited to                                                                   
interest  only  payments  for  the seven  years  of  the  tax                                                                   
credit period  and a bank  cannot foreclose during  the seven                                                                   
year  period. The  Alaska Industrial  Development and  Export                                                                   
Authority  (AIDEA)  contacted  the lending  institutions  and                                                                   
inquired how  it could support  the loan process in  order to                                                                   
revitalize the  program in Alaska.  The banks  responded that                                                                   
if  AIDEA guaranteed  the loan  the banks  will finance  NMTC                                                                   
loans  again.  He  added  that   often  the  equity  investor                                                                   
purchased  the tax  credit  at  a discount  and  subsequently                                                                   
left  money in  the  project to  use  as equity  after  seven                                                                   
years. The  project can  then refinance  with a  conventional                                                                   
loan. The  program worked well  with local banks.  He assured                                                                   
the committee  that the AIDEA  loan guarantees do  not affect                                                                   
the  state.  The  loan guarantee  was  held  against  AIDEA's                                                                   
reserves. He cited Page 2, lines 22 - 23:                                                                                       
                                                                                                                                
     Sec. 44.88.710. Effect of guarantee. (a) A guarantee                                                                       
     under AS 44.88.700 -23 44.88.799 does not create a                                                                         
     debt or liability of the state.                                                                                            
                                                                                                                                
Mr. Davis  furthered that  if the  applicant can  demonstrate                                                                   
that  they  have  been  unable  to obtain  a  loan  from  two                                                                   
financial  institutions   then  AIDEA   may  make   a  direct                                                                   
leveraged loan to the project.                                                                                                  
                                                                                                                                
4:37:09 PM                                                                                                                    
                                                                                                                                
JOE  MICHEL, STAFF,  REPRESENTATIVE  BILL STOLTZE,  explained                                                                   
the changes in  the Committee Substitute (CS).  He identified                                                                   
that on Page 5, Section 3 was added to the legislation:                                                                         
                                                                                                                                
     Sec. 3.  The uncodified  law of the  State of  Alaska is                                                                   
     amended by adding a new section to read:                                                                                   
     LEGISLATIVE  APPROVAL  OF LOAN  FROM  THE POWER  PROJECT                                                                   
     FUND.                                                                                                                      
     Provided  the Alaska  Energy Authority  approves a  loan                                                                   
     for  the  Metlakatla  Power  and  Light,  Triangle  Lake                                                                   
     hydroelectric  project, the  legislature authorizes  the                                                                   
     Alaska  Energy  Authority  to  loan  an  amount  not  to                                                                   
     exceed  $26,000,000  from  the power  project  fund  (AS                                                                   
     42.45.010)   for  the   Metlakatla   Power  and   Light,                                                                   
     Triangle  Lake   hydroelectric  project.   This  section                                                                   
     constitutes legislative  approval under  AS 42.45.010(j)                                                                   
     for a loan from the fund that exceeds $5,000,000.                                                                          
                                                                                                                                
Mr. Michel  explained that  the section provided  legislative                                                                   
approval to  obtain a  loan from the  Power Project  Fund for                                                                   
Metlakatla  Power  and  Light.  He  noted  that  on  Page  6,                                                                   
Sections 4 and 5 were also added to the bill:                                                                                   
                                                                                                                                
     Sec.  4. Section  8, ch.  10,  SLA 2010,  is amended  to                                                                   
     read:                                                                                                                      
     Sec.  8. Section  2, ch.  10,  SLA 2010,  [OF THIS  ACT]                                                                   
     takes effect November 30, 2017 [2012].                                                                                     
     Sec.  5. Section  10, ch.  71, SLA 2010,  is amended  to                                                                   
     read:                                                                                                                      
     Sec.  10. Section  2, ch.  71, SLA 2010,  [OF THIS  ACT]                                                                   
     takes effect 10 November 30, 2017 [2012].                                                                                  
                                                                                                                                
Mr. Michel  reported that  the sections  extended the  sunset                                                                   
date of the  property tax exemptions for the  Delong Mountain                                                                   
Transportation System from 2012 until 2017.                                                                                     
                                                                                                                                
Representative  Guttenberg  requested confirmation  that  the                                                                   
loans  were   guaranteed  by   AIDEAS  reserves.   Mr.  Davis                                                                   
confirmed the statement.                                                                                                        
                                                                                                                                
Representative  Guttenberg  wondered  how  much was  held  in                                                                   
AIDEA  reserves.  Mr.  Davis  replied  that  AIDEA  had  $300                                                                   
million in liquid assets.                                                                                                       
                                                                                                                                
Representative Doogan WITHDREW his OBJECTION.                                                                                   
                                                                                                                                
There being  NO further  OBJECTION, the committee  substitute                                                                   
was ADOPTED.                                                                                                                    
                                                                                                                                
Representative  Gara requested  a summary  of AIDEA  programs                                                                   
that focused  on economic development  in lower  income areas                                                                   
of the state. Mr. Davis agreed to provide the update.                                                                           
                                                                                                                                
4:40:22 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough OPENED public testimony.                                                                                  
                                                                                                                                
Vice-chair Fairclough CLOSED public testimony.                                                                                  
                                                                                                                                
Vice-chair Fairclough  reviewed the  fiscal notes.  She noted                                                                   
the new  zero (CED) fiscal note.  She spoke to a  fiscal note                                                                   
that  would be  attached to  the  bill when  reported out  of                                                                   
committee. The  fiscal note affected  Fund Transfers  and was                                                                   
allocated  to Savings  Public  Education  Fund.  The Red  Dog                                                                   
Mine benefited from  the Delong Mountain Road  tax exemption.                                                                   
The current valuation  of the road was $155,934,200.  In lieu                                                                   
of  the  property  taxes  the  Red  Dog  Mine  contributed  a                                                                   
payment  to  the  borough  for  education.  The  borough  was                                                                   
required to  pay the 4 mil  rate increase under  the proposed                                                                   
educational funding legislation; an additional $623,736.                                                                        
                                                                                                                                
Representative  Joule  explained that  the  borough would  be                                                                   
responsible  for  the additional  approximately  $650,000  in                                                                   
taxes  without   being  able   to  collect  because   of  the                                                                   
exemption.                                                                                                                      
                                                                                                                                
Vice-chair  Fairclough  furthered  that  the  total  assessed                                                                   
property value  was $190,000,000  and could impact  the state                                                                   
education funding  by $380,000 each year until  a solution to                                                                   
fill the  district's local  contribution  gap was found.  She                                                                   
alerted the  committee that  an amount  as large as  $380,000                                                                   
could appear on the fiscal note.                                                                                                
                                                                                                                                
Representative Wilson  MOVED to report HCS CSSB  66 (FIN) out                                                                   
of  committee   with  individual   recommendations   and  the                                                                   
accompanying fiscal notes.                                                                                                      
                                                                                                                                
HCS CSSB  66(FIN) was  REPORTED out of  committee with  a "do                                                                   
pass"  recommendation  and with  two  new zero  fiscal  notes                                                                   
from   Department  of   Commerce,   Community  and   Economic                                                                   
Development,   and   Department   of  Education   and   Early                                                                   
Development.                                                                                                                    
                                                                                                                                
4:45:38 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
SB182 CS WORKDRAFT 27-LS1283-O.pdf HFIN 4/14/2012 9:30:00 AM
SB 182
SB160 CS WORKDRAFT 27-GS2600-T.pdf HFIN 4/14/2012 9:30:00 AM
SB 160
SB182CS(FIN)-EED-TLS-4-13-12.pdf HFIN 4/14/2012 9:30:00 AM
SB 182
SB182CS(FIN)-EED-PEF-4-10-12.pdf HFIN 4/14/2012 9:30:00 AM
SB 182
SB182CS(FIN)-EED-K12-4-13-12.pdf HFIN 4/14/2012 9:30:00 AM
SB 182
SB182CS(FIN)-EED-ESS-4-13-12.pdf HFIN 4/14/2012 9:30:00 AM
SB 182
SB182CS(FIN)-EED-ESS-4-10-12(MillRate).pdf HFIN 4/14/2012 9:30:00 AM
SB 182
SB182CS(FIN)-EED-PEF-4-13-12-Corrected.pdf HFIN 4/14/2012 9:30:00 AM
SB 182
SB160 House District Summary.pdf HFIN 4/14/2012 9:30:00 AM
SB 160
SB160 CS WORKDRAFT O version.pdf HFIN 4/14/2012 9:30:00 AM
SB 160
SB160 Amendment 1- Stoltze-Thomas.pdf HFIN 4/14/2012 9:30:00 AM
SB 160
SB 160 AMENDMENT 2- THOMAS.pdf HFIN 4/14/2012 9:30:00 AM
SB 160
SB160 Amendment 3 -Wilson.pdf HFIN 4/14/2012 9:30:00 AM
SB 160
SB160 Support.pdf HFIN 4/14/2012 9:30:00 AM
SB 160