Legislature(2007 - 2008)CAPITOL 17

04/01/2008 01:00 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 314 G.O. BONDS FOR TRANSPORTATION PROJECTS TELECONFERENCED
Moved CSHB 314(TRA) Out of Committee
+= HB 322 TRANSPORTATION FUND TELECONFERENCED
Moved Out of Committee
HB 322-TRANSPORTATION FUND                                                                                                    
                                                                                                                                
1:41:13 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN announced  that the final 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."                                                                                                             
                                                                                                                                
1:41:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    FAIRCLOUGH    commented    that    the    state                                                               
transportation infrastructure is  critical for maintaining public                                                               
safety  and   economic  opportunities.    She   agreed  with  the                                                               
administration   that   long   term  planning   for   the   aging                                                               
transportation  infrastructure is  necessary.   She compared  the                                                               
endowment  concept  to the  permanent  fund.   She  declared  her                                                               
concern  that  the  transportation infrastructure  requires  more                                                               
than  an annual  $50  million appropriation.    She presented  an                                                               
annuity approach  that provides increased annual  funding for the                                                               
transportation projects.                                                                                                        
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH stated  that  a  $1 billion  endowment                                                               
fund, paying  5 percent annually,  will take 21 years  to finance                                                               
$1.48  billion  worth  of transportation  construction  projects,                                                               
compared  to an  annuity fund  that will  spend $1.49  billion on                                                               
transportation projects over 10 years.                                                                                          
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH offered her  belief that the state will                                                               
suffer a revenue shortfall within  the next eight years, and that                                                               
could cause the  transportation endowment fund to  be usurped for                                                               
other funding.   She noted that  during this same time  period an                                                               
annuity will  have spent more  than $1 billion  on transportation                                                               
projects,  and  the  state  will have  better  prepared  for  the                                                               
economic  viability  of  the  gas   pipeline.    She  noted  that                                                               
construction  costs have  increased 30  percent over  the last  4                                                               
years, and that  the assets of an endowment fund  will erode much                                                               
more  quickly than  an annuity.    She asked  that the  committee                                                               
consider the purchasing power of  $1 billion when determining the                                                               
merits of an endowment savings account compared to an annuity.                                                                  
                                                                                                                                
1:50:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked if an  annuity would be zeroed out in                                                               
21 years.                                                                                                                       
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH clarified that at  the end of 21 years,                                                               
$1 billion will  remain in the endowment fund; but  at the end of                                                               
10 years, the  annuity will have spent $1.49 billion,  all of its                                                               
money, on transportation  projects.  She called  attention to the                                                               
rising cost  of construction,  explaining that  the value  of the                                                               
money still left  in the endowment fund will  lose its purchasing                                                               
power for transportation projects.                                                                                              
                                                                                                                                
1:52:07 PM                                                                                                                    
                                                                                                                                
JERRY  BURNETT,  Legislative  Liaison,  Director,  Administrative                                                               
Services Division,  Department of Revenue (DOR),  stated that DOR                                                               
has  a different  estimate for  an annuity  payout.   He reported                                                               
that an annuity has to  guarantee payments; therefore, a 10 year,                                                               
risk-free  annuity invested  in  treasury bills  will generate  a                                                               
return rate under 3 percent, for  a total payout of $115 billion.                                                               
He identified  the difficulty  of expecting  an 8  percent return                                                               
when the payout must  be within 10 years.  He  pointed out that a                                                               
poor return  in the first  year of  an annuity will  not generate                                                               
the  money  necessary  for  a  payout.    He  explained  that  an                                                               
endowment  account  allows payments  during  good  years and  bad                                                               
years.                                                                                                                          
                                                                                                                                
REPRESENTATIVE DOOGAN  asked if the endowment  plan is predicated                                                               
on earnings of 8 percent.                                                                                                       
                                                                                                                                
MR. BURNETT  explained that the  endowment plan is  predicated on                                                               
average earnings of  8 percent over a 25-30 year  time frame, not                                                               
average earnings  in a 10 year  period.  He said  that an annuity                                                               
needs to be concerned about earnings in each year.                                                                              
                                                                                                                                
REPRESENTATIVE  DOOGAN  asked  to  clarify  the  risk  difference                                                               
between  an   annuity  and  an   endowment,  as  the   payout  is                                                               
guaranteed, and the predicated interest is the same.                                                                            
                                                                                                                                
MR. BURNETT  explained that the  endowment plan is  predicated on                                                               
paying a  percentage of  the average market  value for  the prior                                                               
five years, so the average over  time only needs to be 8 percent.                                                               
With an  annuity, there  needs to  be earnings  in each  year, in                                                               
order for it to pay out correctly.                                                                                              
                                                                                                                                
1:55:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOOGAN asked  again that if there is  a $1 billion                                                               
investment with  assumed earnings for  either an endowment  or an                                                               
annuity, then there needs to be  the same set of assumptions.  He                                                               
posed that DOR  is making a favorable set of  assumptions for the                                                               
endowment and an unfavorable set of assumptions for the annuity.                                                                
                                                                                                                                
MR. BURNETT  reiterated that  an endowment  investment allocation                                                               
is  based on  the  return over  a longer  period  of time,  which                                                               
allows for a greater variation  of annual earnings.  He explained                                                               
that an annuity investment is for  a shorter time period and that                                                               
does not allow for the same  earnings variation if there is to be                                                               
a guaranteed annual payout.                                                                                                     
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  commented that  she is happy  that DOR                                                               
is  working to  meet  the needs  of  DOT&PF.   She  asked for  an                                                               
explanation  of the  real  rate  of return  and  a suggestion  to                                                               
maintain the purchasing power of the investment.                                                                                
                                                                                                                                
MR. BURNETT explained  that the endowment approach is  based on a                                                               
5 percent real  rate of return.  He agreed  that this return will                                                               
not maintain  the purchasing  power given  the rate  of inflation                                                               
for construction projects.                                                                                                      
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH furnished an  example that the dramatic                                                               
increase  of  oil  industry construction  costs  is  eroding  the                                                               
purchasing  power  of  the  dollar, and  pointed  out  that  this                                                               
demonstrates  the need  for transportation  projects to  be built                                                               
immediately.   She offered her  belief that the ten  year annuity                                                               
payout program,  using the full  $1 billion  transportation fund,                                                               
will bring more construction work  and safer travel for Alaskans.                                                               
She expressed  her belief that  an 8  percent return for  the ten                                                               
year program is attainable.                                                                                                     
                                                                                                                                
MR. BURNETT expressed  his belief that an 8 percent  return for a                                                               
ten  year  investment  is  not  a  reasonable  expectation.    He                                                               
explained   that   annuity   funds  are   generally   risk   free                                                               
investments.   He allowed that  should a higher  acceptable level                                                               
of  risk be  determined,  the  annuity could  be  invested for  a                                                               
larger return than the risk free investment option.                                                                             
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  expressed  her "great  faith  in  the                                                               
investment  strategies  of  our   permanent  fund  board."    She                                                               
suggested  that  the  transportation  fund  be  invested  in  sub                                                               
accounts to  allow a wider  range of  risk so that  the potential                                                               
for  a larger  return is  tempered with  lower risk  investments.                                                               
She  restated the  importance of  promptly  investing more  money                                                               
into transportation projects.                                                                                                   
                                                                                                                                
2:02:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN asked  if the  permanent fund  has had  an                                                               
annual rate  of return greater  than 8  percent over any  10 year                                                               
period.                                                                                                                         
                                                                                                                                
MR. BURNETT  offered his belief  that there have been  periods of                                                               
return both higher and lower than  8 percent.  He referred to the                                                               
prior 8  years, and reported that  the first 3 years  lost money.                                                               
He noted  that if annuity funds  had been invested at  that time,                                                               
the investment payoff would have been down.                                                                                     
                                                                                                                                
2:03:45 PM                                                                                                                    
                                                                                                                                
AVES  THOMPSON, Executive  Director, Alaska  Trucking Association                                                               
(ATA),stated that  an ATA legislative  priority is to  expand the                                                               
DOT&PF capital  projects program.   He  expressed support  of the                                                               
endowment   concept  as   it  will   create  a   sustainable  and                                                               
predictable revenue  source for DOT&PF.   He reported  that there                                                               
are  many multi  year projects  that require  a lot  of time  and                                                               
planning.   He  allowed that  federal funding  will probably  not                                                               
meet the  needs.   He encouraged state  funding and  he supported                                                               
Representative  Fairclough's ten  year plan  that will  put money                                                               
more quickly into  the programs.  He offered his  belief that the                                                               
highway system  supports the largest  part of the  population and                                                               
deserves  the   largest  portion   of  any   transportation  fund                                                               
appropriations.                                                                                                                 
                                                                                                                                
2:06:15 PM                                                                                                                    
                                                                                                                                
CHAIR JOHANSEN closed public testimony.                                                                                         
                                                                                                                                
REPRESENTATIVE NEUMAN  offered his belief  that this bill  is not                                                               
the best use  of the state funds.   He said that he  did not know                                                               
what the  state needs  might be in  five years,  citing education                                                               
and public  safety as  two possibilities.   He  expressed concern                                                               
that  a  transportation fund  is  "locking  it [the  money]  up,"                                                               
whereas if the money is  in the Constitutional Budget Reserve the                                                               
legislature will be able to appropriate the money.                                                                              
                                                                                                                                
2:10:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH said that  the people of Alaska support                                                               
the governor's proposal to create  separate funds for alternative                                                               
energy  sources   and  transportation.    She   stated  that  the                                                               
transportation  infrastructure plan  needs to  include long  term                                                               
maintenance goals.  She noted  that maintenance is less expensive                                                               
than   replacement,  but   that   there  is   no  incentive   for                                                               
maintenance.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  expressed   her   belief  that   the                                                               
transportation divisions  are at a disadvantage  when they submit                                                               
their  recommendations   as  each  legislator  advocates   for  a                                                               
specific  region  and  re-prioritizes the  transportation  goals.                                                               
She  stressed  that a  transportation  fund  is critical  to  the                                                               
infrastructure, and  she agreed  with DOR and  the administration                                                               
that long term planning is needed.                                                                                              
                                                                                                                                
REPRESENTATIVE DOOGAN said  that he is going to  oppose the bill.                                                               
He  agreed  that $1  billion  could  be spent  on  transportation                                                               
projects.   He stated  his belief  that his job  is to  decide on                                                               
appropriations.    He noted  that  this  bill takes  $1  billion,                                                               
dedicates it to a specific range  of projects, and gives DOT&PF a                                                               
$50  million  a year  capital  budget.    He expressed  that  his                                                               
preference  is   to  vote  annually  for   sensible  spending  on                                                               
transportation projects.  He expressed  his belief that he is not                                                               
doing his job if he gives money  to a department to spend as they                                                               
determine.                                                                                                                      
                                                                                                                                
2:16:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER reported his  understanding that the Alaska                                                               
State  Constitution requires  that  [capital] spending  is to  go                                                               
toward infrastructure, and  he expressed his belief  that this is                                                               
not upheld.  He declared  that a long term transportation account                                                               
is an  investment which provides  huge returns by  building roads                                                               
that allow for development.  He stated his support for the bill.                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON  expressed  his  belief  that  relegating                                                               
funding responsibilities  to the departments  is a bad idea.   He                                                               
stated that he would rather  appropriate money for projects every                                                               
year, instead of setting up funds for each department.                                                                          
                                                                                                                                
REPRESENTATIVE SALMON  remarked that  the legislature is  here to                                                               
annually appropriate money.                                                                                                     
                                                                                                                                
2:20:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   expressed  her  belief   that  roads                                                               
require  long permitting  processes, so  there  is a  need for  a                                                               
fiscal strategy  that keeps  the projects  moving and  allows for                                                               
increased costs.   She offered her belief that an  annuity and an                                                               
endowment are  examples of transportation  accounts.   She stated                                                               
that the  projects will still  be brought to the  legislature for                                                               
approval, and  that this will  ensure that the  projects maintain                                                               
the state transportation infrastructure.                                                                                        
                                                                                                                                
REPRESENTATIVE  JOHNSON reported  his belief  that money  will be                                                               
tight in  the next five  to seven years.   He said that  he could                                                               
not reconcile that money will  have already been appropriated for                                                               
transportation when the  most pressing future needs  might be for                                                               
education, senior  care, or  children.  He  stated that  he could                                                               
not support the bill.                                                                                                           
                                                                                                                                
2:24:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved to  report HB  322 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE DOOGAN objected.                                                                                                 
                                                                                                                                
A roll call vote was  taken.  Representatives Fairclough, Keller,                                                               
Neuman, and Johansen  voted in favor of HB  322.  Representatives                                                               
Johnson, Salmon, and Doogan voted  against it.  Therefore, HB 322                                                               
was reported  out of the House  Transportation Standing Committee                                                               
by a vote of 4:3.                                                                                                               

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