Legislature(2007 - 2008)

03/25/2008 02:15 PM House TRA


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HB 322-TRANSPORTATION FUND                                                                                                    
                                                                                                                              
                                                                                                                                
CHAIR JOHANSEN  announced that the  next order of  business would                                                               
be  HOUSE   BILL  NO.  322   "An  Act  establishing   the  Alaska                                                               
transportation fund and  relating to the fund;  and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
2:23:49 PM                                                                                                                    
                                                                                                                                
JEFF   OTTESEN,  Director,   Division  of   Program  Development,                                                               
Department  of  Transportation   &  Public  Facilities  (DOT&PF),                                                               
directed  attention  to  slide 19,  titled  "Other  States"  that                                                               
illustrates  various approaches  for  the  funding of  shortfalls                                                               
that other states  are experiencing.  He explained  that user pay                                                               
mechanisms are  becoming very common, and  include tolls, public-                                                               
private  partnerships, county  bonds, road  and bridge  leases to                                                               
private concessions,  and taxes  on the  miles driven  within the                                                               
state.  He offered  his belief that none of these  are a means of                                                               
generating  large  revenue  in  Alaska.   He  observed  that  the                                                               
proposed transportation  fund will generate an  annual revenue of                                                               
$50 million, which is equivalent to  the revenue created by a gas                                                               
tax  increase of  12  cents  per gallon.    He acknowledged  that                                                               
Alaska does not have the user  density of other states, but still                                                               
needs  transportation  facilities.    He referred  to  slide  20,                                                               
"State  Fund  Advantages", which  reflects  the  advantages of  a                                                               
state  fund.   He  offered  his belief  that  projects will  move                                                               
faster with less "red-tape," explaining  that the federal program                                                               
is  very rule  bound and  methodical.   He pointed  to slide  21,                                                               
"State Funds  Advantages", which compares the  time necessary for                                                               
state versus federal transportation  projects.  He explained that                                                               
slide  22, "State  Funded Successes",  shows recent  successfully                                                               
funded state projects.                                                                                                          
                                                                                                                                
2:28:27 PM                                                                                                                    
                                                                                                                                
MR.   OTTESEN   commented   that   slide   23,   "Erratic   State                                                               
Appropriations    to   Transportation",    shows   the    erratic                                                               
appropriations  for transportation  funding, making  it difficult                                                               
to manage projects.  He explained  that an advantage of the state                                                               
transportation  fund is  that  the annual  dividends  are a  more                                                               
reliable revenue source.                                                                                                        
                                                                                                                                
CHAIR JOHANSEN  asked if  the money  in the  state transportation                                                               
fund will be used to match federal funds.                                                                                       
                                                                                                                                
MR. OTTESEN  replied that the  money will  not be used  to match,                                                               
but, instead,  will fund  projects that  benefit from  full state                                                               
funding.                                                                                                                        
                                                                                                                                
2:29:10 PM                                                                                                                    
                                                                                                                                
MR.  OTTESEN referred  to slide  24, "Federal  Fund Limitations",                                                               
and  offered his  belief that  federal highway  programs are  not                                                               
meeting  the  needs  and  expectations  of  Alaska.    He  called                                                               
attention to  a report stating  that since the completion  of the                                                               
interstate  project, the  federal  program has  lost its  central                                                               
premise.                                                                                                                        
                                                                                                                                
MR.  OTTESEN  explained  that slide  25,  "Alaska  Transportation                                                               
Fund", lists  the core concepts  of the  fund:  available  to all                                                               
modes of transportation; includes  local and state projects; uses                                                               
a  programmatic  versus a  project  approach;  and uses  existing                                                               
mechanisms   for  transportation   planning  as   listed  in   AS                                                               
44.42.050.   He explained  that the  project selection  relies on                                                               
public   involvement  using   a  nationally   recognized  scoring                                                               
methodology.                                                                                                                    
                                                                                                                                
2:31:21 PM                                                                                                                    
                                                                                                                                
MR. OTTESEN explained  that slide 26, "Why  this Approach", notes                                                               
the ups  and downs of funding,  and he reminded the  committee of                                                               
the difficulties  during the  1987-88 era when  the price  of oil                                                               
dropped,   construction   firms   left  the   state,   and   jobs                                                               
disappeared.    He  mentioned  that  the  user  fee  approach  is                                                               
impractical  and improbable.   He  offered his  belief that  a $1                                                               
billion fund  will generate  a $50  million annual  dividend, the                                                               
annual equivalent of a gas tax increase of 12 cents per gallon.                                                                 
                                                                                                                                
MR. OTTESEN referred to slide  27, "AS 44.42.050", the long range                                                               
state transportation plan.   He described that the  first step is                                                               
to    develop    a    comprehensive,    intermodal,    long-range                                                               
transportation plan with public involvement.   The second step is                                                               
for DOT&PF  to develop every two  years a list of  projects which                                                               
are consistent with the plan.                                                                                                   
                                                                                                                                
2:33:31 PM                                                                                                                    
                                                                                                                                
MR.  OTTESEN directed  attention  to slide  28,  "What a  Program                                                               
Means" and  explained the difference  between a  project approach                                                               
and a  program approach.  He  said that general fund  dollars are                                                               
directed to specific projects.   Often the project will take many                                                               
years, and while  the money is not used, inflation  causes a loss                                                               
of  the  dollar  value.    He  explained  that  the  programmatic                                                               
approach uses  every dollar every  year.   The money is  used for                                                               
the  different  project  levels, including  planning,  surveying,                                                               
purchasing, right  of way, and  construction, and  this minimizes                                                               
the loss to inflation.                                                                                                          
                                                                                                                                
MR. OTTESEN  pointed out that  slide 29, "Funds  applied annually                                                               
to  projects...", further  illustrates the  programmatic approach                                                               
of dollars going  to different stages of  the project development                                                               
cycle.   He called attention  to slide 30,  "Initial Priorities-2                                                               
Years".    He   proposed  that  for  the  first   two  years  the                                                               
transportation   fund   spend   dollars  on   immediate   project                                                               
priorities.  These would include  public safety, preservation and                                                               
maintenance,  and  significant  economic needs  for  development.                                                               
During this  time, the  department will  also more  fully develop                                                               
the regulations and the public process.                                                                                         
                                                                                                                                
2:36:17 PM                                                                                                                    
                                                                                                                                
MR. OTTESEN explained  that slide 31, "Why  Safety", details that                                                               
safety is  an important  part of the  department's business.   He                                                               
reflected that  the societal cost  in Alaska due to  injuries and                                                               
deaths is about $500 million per year.                                                                                          
                                                                                                                                
MR.  OTTESEN discussed  slide 32,  "Why  Preservation", and  said                                                               
that  the state  assets need  to be  maintained, to  ensure their                                                               
usefulness.   He  gave  an  example that  $1  in timely  pavement                                                               
maintenance can save  $4 in future expense.  He  allowed that the                                                               
data  is   already  available  to   guide  when  and   where  the                                                               
allocations need to be applied.   He noted that there is often an                                                               
unfunded  gap between  the  allowable use  of  federal funds  and                                                               
state maintenance  and operation  funds.   He offered  his belief                                                               
that some  of the federal  rules are  arcane, and that  the state                                                               
needs to manage around them.                                                                                                    
                                                                                                                                
2:41:07 PM                                                                                                                    
                                                                                                                                
MR. OTTESEN brought  the committee's attention to  slide 33, "Why                                                               
Congestion  Relief?",  and  allowed  that  congestion  can  be  a                                                               
maddening problem.   He reported that DOT&PF is doing  a good job                                                               
dealing  with the  congestion in  Anchorage.   He commented  that                                                               
congestion  can  cause  frustration,  anger,  and  poor  decision                                                               
making, all of  which can be factors in accidents.   He explained                                                               
that  an indicator  of congestion  is that  the increase  of lane                                                               
miles  is growing  much  more  slowly than  the  number of  miles                                                               
driven.                                                                                                                         
                                                                                                                                
MR. OTTESEN  assessed slide 34, "Why  Economic Development?", and                                                               
noted that  transportation investment is an  essential element of                                                               
economic development.   He cited  examples including the  Red Dog                                                               
Mine  road and  the  airfreight  road and  utilities  at the  Ted                                                               
Stevens Anchorage  International Airport.  He  mentioned that the                                                               
Alaska State  Constitution provides  for the legislature  to make                                                               
these investments,  and these investments  can lead to  good jobs                                                               
and good opportunities.                                                                                                         
                                                                                                                                
MR.  OTTESEN mentioned  that  slide 35,  "After  First 2  Years",                                                               
reflects that  the scoring and  nomination processes will  be put                                                               
in place to determine the use  of the transportation dollars.  He                                                               
explained that  slide 36, "Update  all Needs  Assessments", shows                                                               
that an  update of  the needs  assessments will  take place.   He                                                               
reported that the needs assessments  will help allocate the ratio                                                               
of dollars to mode of transportation projects.                                                                                  
                                                                                                                                
2:44:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked  whether   the  models  for  public                                                               
nomination  of needs  assessments and  economic development  have                                                               
been built.                                                                                                                     
                                                                                                                                
MR.  OTTESEN  said that  the  department  has examples  of  these                                                               
[needs assessment]  scoring systems,  but that the  department is                                                               
considering changes  to the current  systems.  He  explained that                                                               
the  first two  years he  referenced  earlier would  be spent  in                                                               
public discussion  of this proposed project  regulation [scoring]                                                               
process to  address the four  themes:   preservation, congestion,                                                               
economic  development,  and  safety.     The  [needs  assessment]                                                               
scoring system would not be set in place until the third year.                                                                  
                                                                                                                                
2:46:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  offered his belief that  public nomination                                                               
in an  organized area of the  state is going to  have more public                                                               
input than an unorganized area.   He asked how the department was                                                               
going  to   ensure  equitable  economic  benefits   for  all  the                                                               
communities and he asked to see a model of this scoring system.                                                                 
                                                                                                                                
MR. OTTESEN explained that the  scoring system takes into account                                                               
the rural and urban community projects.                                                                                         
                                                                                                                                
REPRESENTATIVE NEUMAN observed that the  committee has seen a lot                                                               
of presentations showcasing  DOT&PF operations.  He  said that he                                                               
would like to see a scoring  model before the committee makes any                                                               
determinations for transportation funding.                                                                                      
                                                                                                                                
MR.   OTTESEN   noted   that  HB   322   only   establishes   the                                                               
transportation fund.   He  allowed that  it is  the legislature's                                                               
decision for appropriation  of the money.  He  offered his belief                                                               
that the  bill sponsors will  make the [scoring]  regulations the                                                               
subject of a subsequent bill.   He allowed that, in the meantime,                                                               
the department would bring projects  which meet the four criteria                                                               
to the legislature for funding.                                                                                                 
                                                                                                                                
CHAIR JOHANSEN  noted that all  of the  projects will have  to be                                                               
appropriated by the legislature.                                                                                                
                                                                                                                                
2:51:29 PM                                                                                                                    
                                                                                                                                
MR. OTTESEN stated he was  done with the presentation and offered                                                               
to bring the committee copies of the scoring systems.                                                                           
                                                                                                                                
CHAIR JOHANSEN noted that the  fiscal note requested $500 million                                                               
dollars in  FY 2008, and  $500 million in  FY 2009.   He inquired                                                               
about the urgency of dollars for FY 2008.                                                                                       
                                                                                                                                
MR.  OTTESEN expressed  his belief  that $500  million was  to be                                                               
included in  the FY  2008 Supplemental  Budget, and  another $500                                                               
million to be included in the FY 2009 Budget.                                                                                   
                                                                                                                                
2:52:44 PM                                                                                                                    
                                                                                                                                
NANCY  SLAGLE,  Director,  Division of  Administrative  Services,                                                               
Department  of  Transportation   &  Public  Facilities  (DOT&PF),                                                               
offered her belief that Governor  Palin announced in her State of                                                               
the State  speech that  she intended  to put  $500 million  for a                                                               
transportation infrastructure fund into  the FY 2008 Supplemental                                                               
Budget, and  another $500  million in  the FY  2009 Budget.   She                                                               
said that the  fiscal note was written to  reflect the governor's                                                               
request.                                                                                                                        
                                                                                                                                
CHAIR JOHANSEN  asked why  the money  was placed  in the  FY 2008                                                               
budget.                                                                                                                         
                                                                                                                                
MS. SLAGLE expressed her belief  that the governor knew there was                                                               
going to be  a surplus of funds  for FY 2008, and  decided to put                                                               
transportation funds into an endowment fund for future use.                                                                     
                                                                                                                                
2:54:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOOGAN   asked  for   more  explanation   of  the                                                               
desirability  for a  dedicated  transportation  fund rather  than                                                               
annual appropriations.                                                                                                          
                                                                                                                                
MR. OTTESEN  said the dedicated  transportation fund  will create                                                               
dividends  to  supplement  the  appropriations  in  lean  funding                                                               
years.   He  explained  that  most projects  take  many years  to                                                               
execute.   He offered his belief  that a dedicated fund  that can                                                               
create dividends  will help smooth  out the  transitional funding                                                               
patterns.                                                                                                                       
                                                                                                                                
REPRESENTATIVE DOOGAN  commented that dividends are  only created                                                               
if the investment  strategy is good.  He posed  that the governor                                                               
did not propose a constitutional dedication for the fund.                                                                       
                                                                                                                                
MR.  OTTESEN replied  that neither  Department of  Law (DOL)  nor                                                               
Department   of  Revenue   (DOR)  representatives   knew  why   a                                                               
constitutional dedication was not proposed.                                                                                     
                                                                                                                                
2:55:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOOGAN  asked if  the  department  would have  an                                                               
answer by the March 27, 2008, committee meeting.                                                                                
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  suggested  that a  funding  mechanism                                                               
using  a percent  of market  value  formula will  allow for  more                                                               
projects at  a quicker  pace.   She noted  that after  an initial                                                               
contribution to  a fund, money  is paid out  as an annuity.   She                                                               
offered her  belief that this  would result in  more construction                                                               
and better  maintenance than if a  large amount of money  was put                                                               
into a  dedicated fund that spent  a specific dollar value.   She                                                               
asked if the committee was planning to discuss this.                                                                            
                                                                                                                                
CHAIR JOHANSEN  offered for Representative Fairclough  to chair a                                                               
voluntary work session.                                                                                                         
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH accepted the offer.                                                                                   
                                                                                                                                
2:57:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN expressed his  belief that the governor had                                                               
reported earlier to the House  of Representatives caucus that the                                                               
only administrative  capital project in the  FY 2008 Supplemental                                                               
Budget  would be  for the  Senior Benefits  Program, however,  he                                                               
noted that  the fiscal  notes for HB  322 reflected  $500 million                                                               
dollars from the FY 2008 Supplemental Budget.                                                                                   
                                                                                                                                
[HB 322 was held over.]                                                                                                         

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