Legislature(2011 - 2012)CAPITOL 17

02/10/2011 01:00 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 10 NONCOMMERCIAL TRAILER REGISTRATION FEE TELECONFERENCED
Heard & Held
*+ HB 102 SUSPENDING MOTOR FUEL TAX TELECONFERENCED
Heard & Held
*+ HB 57 BICYCLE PROGRAM TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                HB 102-SUSPENDING MOTOR FUEL TAX                                                                            
                                                                                                                              
CHAIR P. WILSON  announced that the next order  of business would                                                               
be HOUSE  BILL NO. 102,  "An Act  suspending the motor  fuel tax;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
1:28:46 PM                                                                                                                    
                                                                                                                                
MARC LUIKEN, Commissioner, Department  of Transportation & Public                                                               
Facilities   (DOT&PF),   introduced   Johanna  Bales   from   the                                                               
Department  of Revenue  (DOR).   He  said that  the proposed  tax                                                               
suspension is one of many  measures the governor is putting forth                                                               
to  improve the  economic health  of Alaskans.     Suspending the                                                               
motor  fuel tax  demonstrates a  consistent tax  policy, just  as                                                               
modifying  Alaska's   Clear  &   Equitable  Share   (ACES)  would                                                               
potentially lower the tax burden  on oil companies.  The governor                                                               
would like  to lower the  tax burden for individual  Alaskans, as                                                               
well, he  said.  He  related that  suspending the motor  fuel tax                                                               
would provide  immediate tax  relief for  every citizen  in every                                                               
community throughout  the state.   He  explained that  the amount                                                               
saved  would vary  depending on  the type  of fuel  purchased but                                                               
most consumers  should save  up to $.08  per gallon  when fueling                                                               
their vehicles or  airplanes.  Many Alaska  communities deal with                                                               
the  highest energy  costs in  the  nation.   This proposed  bill                                                               
represents  one step  this administration  is  taking to  improve                                                               
Alaskans'  daily living  expenses.   This  bill  would provide  a                                                               
temporary  reduction in  the  cost of  motor  fuel while  efforts                                                               
continue  to find  long-term solutions  to  higher energy  costs.                                                               
Some people  have speculated that  suspending the motor  fuel tax                                                               
may   impact  Alaska's   federal   funding  for   transportation.                                                               
However,  the  state's motor  fuel  tax  has no  relationship  to                                                               
Federal Highway  Administration (FHWA)  funds.   Thus, suspending                                                               
the  motor fuel  tax  will  have no  impact  on Alaska's  current                                                               
federal  highway  or  airport   funding  levels.    Additionally,                                                               
Alaskans also fund significantly  more for transportation than is                                                               
collected in the state motor fuel tax revenues, he said.                                                                        
                                                                                                                                
1:31:04 PM                                                                                                                    
                                                                                                                                
COMMISSIONER LUIKEN explained that in  the proposed FY 12 budget,                                                               
$328.5 million  is set  aside for  the DOT&PF's  operating budget                                                               
and another $117 million in  general fund dollars will supplement                                                               
the capital budget.   He concluded that  figure represents almost                                                               
12  times more  than is  collected in  the motor  fuel tax.   The                                                               
federal tax, which  is also paid at the pump,  contributes to the                                                               
Federal  Highway Administration  Trust Fund  (FHWA). These  funds                                                               
are redistributed  back to the  states via formulas set  forth in                                                               
the federal  bills related to  highways and  airport improvement.                                                               
He advised that these formulas have  nothing to do with whether a                                                               
state  collects a  separate  motor  fuel tax  since  there is  no                                                               
federal requirement  for states to  collect a gas tax  to support                                                               
transportation.   He asked whether  the Congress  would retaliate                                                               
for  Alaska suspending  this  motor fuel  tax  and answered  that                                                               
"it's unlikely."   He pointed out that at least  four states have                                                               
suspended  their  motor  fuel  taxes prior  to  the  most  recent                                                               
surface  transportation  bill,  Safe, Accountable,  Flexible  and                                                               
Efficient Transportation  Equity Act of 2004  (Safetea Lu), which                                                               
went into effect  in 2005.  He remarked that  those states saw an                                                               
increase  in federal  highway  aid.   He  commented  on a  recent                                                               
Juneau  Empire article,  addressing  this subject.   The  article                                                               
quoted as  saying, "It's  difficult to  assert that  Alaska needs                                                               
more money  when it contributes  little itself and is  seeking to                                                               
reduce that."  He referred to charts in member's packets.                                                                       
                                                                                                                                
1:32:49 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  LUIKEN offered  that this  chart demonstrates  that                                                               
Alaskans  have  consistently  funded transportation  out  of  the                                                               
state's  general funds  in  lieu of  funding  other worthy  state                                                               
interests.    The  chart  shows  that  since  Safe,  Accountable,                                                               
Flexible,  Efficient  Transportation  Equity Act:  A  Legacy  for                                                               
Users  (SAFETEA-LU)  went into  effect  in  2005, the  state  has                                                               
funded over  $300 million for  transportation in five of  the six                                                               
years, peaking in  FY 07 at $600 million.   He related suspending                                                               
the motor  fuel tax would  affect the  state's budget in  that it                                                               
may equate  to a  decrement in  the budget.   He referred  to the                                                               
capital  budget,  reporting  that  76  percent  is  derived  from                                                               
federal receipts.   The remaining 24 percent is  derived from the                                                               
state's general fund and other  sources such as the International                                                               
Airport   System  (IAS)   receipts,   bonds,  Alaska   Industrial                                                               
Development  and  Export  Authority (AIDEA)  dividend  funds  and                                                               
Highway  Working Capital  funds  for the  state equipment  fleet.                                                               
The general  fund and the  state capital budget are  derived from                                                               
the same source  that funds 56 percent of  the DOT&PF's operating                                                               
budget.   He  said that  is what  it  is:   a general  fund.   He                                                               
referred again to the newspaper  article indicated that the state                                                               
would be forfeiting $40 million  in state transportation funding.                                                               
However, he  argued that since  no direct link between  the motor                                                               
fuel tax revenue and the DOT&PF's  budget.  He concluded that one                                                               
could  not  make a  link  between  the  motor  fuel tax  and  the                                                               
DOT&PF's budget.  He asserted  that suspending the motor fuel tax                                                               
in  2008 did  not  impact  the department's  budget  nor will  it                                                               
impact the  DOT&PF's budget now.   In fact, suspending  the motor                                                               
fuel tax  would significantly impact  Alaska's economy.   It will                                                               
benefit  many of  our largest  industries, including  the largest                                                               
employer, the fishing  industry.  The United  Fisherman of Alaska                                                               
(UFA) indicated  suspending the motor  fuel tax would  benefit to                                                               
thousands  of   fishermen  statewide.    Trucking   and  aviation                                                               
industries and consumers  will also profit, he said.   The DOT&PF                                                               
received  letters  of  support   from  the  Alaska  Air  Carriers                                                               
Association, indicating the economic  benefits this suspension of                                                               
the  motor fuel  tax would  have  on hundreds  of Alaska's  rural                                                               
commercial air carriers.   Additionally, Alaska Airlines provided                                                               
a  letter  of  support  for   this  bill,  as  did  the  National                                                               
Federation  of Independent  Businesses.    He  said, "The  bottom                                                               
line:  right  now there is no compelling need  to collect a motor                                                               
fuel tax  - at this time."   Suspension of the  tax benefit every                                                               
Alaskan  in  every community,  while  some  will gain  more  than                                                               
others, but  it will  be meaningful  to all  since this  money is                                                               
returned to Alaskans' pockets, he also said.                                                                                    
                                                                                                                                
1:36:01 PM                                                                                                                    
                                                                                                                                
JOHANNA BALES,  Deputy Director, Tax Division,  Anchorage Office,                                                               
Department of  Revenue (DOR), stated  that technically  this bill                                                               
would suspend the  motor fuel tax for two  fiscal years beginning                                                               
with July 1,  2011 and ending June 30, 2013.   She explained that                                                               
motor fuel dealers would still  need to report their highway fuel                                                               
sales in order  for the state to meet  its reporting requirements                                                               
to the  FHWA on fuel consumption  in Alaska, or its  FHWA funding                                                               
could be  affected.   This bill  does ensure  that the  DOR would                                                               
continue to receive is reports.   She noted that Alaska's current                                                               
motor fuel tax  for highway use is set at  $.08, $.05 for marine,                                                               
$.043 for jet  fuel, and $.037 for aviation fuel.   At $.08 cents                                                               
per gallon,  the excise tax is  the second lowest in  nation, yet                                                               
the fuel  pump costs are the  second highest in the  nation.  She                                                               
remarked  that it  is only  more  expensive to  purchase fuel  in                                                               
Hawaii.   She said "Obviously,  it's not  our tax that  is making                                                               
Alaskans pay a lot, but this  little amount of tax, if suspended,                                                               
would  put  about $40  million  back  into  our economy  to  help                                                               
Alaskans."   In response to  Chair Wilson, she explained  that 60                                                               
percent  of  the revenue  collected  from  aviation fuel  tax  is                                                               
shared with municipal airports.   She noted that the governor has                                                               
requested an  appropriation to replace  any revenue  airports may                                                               
lose as a  result of the tax suspension.   In further response to                                                               
Chair Wilson, she said the  anticipated loss in aviation fuel tax                                                               
to  municipalities is  not reflected  in  the fiscal  note.   She                                                               
related that request would be  handled during the budget process.                                                               
She explained  the DOR's  fiscal note  has a  notation explaining                                                               
the special appropriation to municipalities.                                                                                    
                                                                                                                                
1:38:24 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked  for  an overall  cost  to  the state  to                                                               
suspend the motor fuel tax.                                                                                                     
                                                                                                                                
MS.  BALES answered  that in  terms of  loss of  revenue and  the                                                               
$140,000  in   municipal  sharing,  that  the   overall  cost  to                                                               
implement HB  102 would be  approximately $39,140,000,  since the                                                               
state  receives approximately  $39  million in  fuel  taxes.   In                                                               
further response to  Chair Wilson, she responded that  all of the                                                               
motor fuel tax goes directly to the general fund.                                                                               
                                                                                                                                
1:39:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON pointed out that  his packet does not show                                                               
any letters of support.                                                                                                         
                                                                                                                                
COMMISSIONER LUIKEN offered to submit  them to the committee.  In                                                               
further  response  to  Representative Johnson,  the  commissioner                                                               
offered  to contact  the  governor's office  for  any letters  in                                                               
opposition to HB 102.                                                                                                           
                                                                                                                                
1:40:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  related  her understanding  that  airports                                                               
receive a  portion of this  tax, including Juneau  and Ketchikan.                                                               
She  asked   whether  the  governor  including   funding  to  the                                                               
facilities  during   prior  years  when  the   aviation  tax  was                                                               
suspended.                                                                                                                      
                                                                                                                                
MS. BALES related  the governor has indicated  his assurance that                                                               
an  appropriation would  be requested  in  the operating  budget,                                                               
noting that in  2008, airports received an  appropriation for the                                                               
period when the aviation tax was suspended.                                                                                     
                                                                                                                                
1:41:00 PM                                                                                                                    
                                                                                                                                
CHAIR  P. WILSON  asked  whether funding  for  this proposal  was                                                               
included in the Governor's FY 12 budget.                                                                                        
                                                                                                                                
MS.  BALES related  her understanding  that the  appropriation is                                                               
not included in  the FY12 operating budget.  She  also offered to                                                               
check whether the request is included in the amended budget.                                                                    
                                                                                                                                
1:41:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  asked for ways  the state would  "make up"                                                               
for this lost revenue.                                                                                                          
                                                                                                                                
MS. BALES answered that the  state current collects a significant                                                               
amount of  oil taxes and the  treasury is "fairly healthy."   She                                                               
offered her belief that the  governor feels that any losses would                                                               
be recovered by oil taxes received  in the past several years due                                                               
to the  high price  of oil,  which "incidentally"  is one  of the                                                               
reasons that Alaskans are paying higher prices at the pump.                                                                     
                                                                                                                                
REPRESENTATIVE  PRUITT asked  whether  the  current budget  would                                                               
spend $25 million from savings.                                                                                                 
                                                                                                                                
MS. BALES said she was uncertain.                                                                                               
                                                                                                                                
1:42:35 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON offered her belief  that thus far the state plans                                                               
to use its  savings account to fund a portion  of the proposed FY                                                               
12  budget.   She asked  for  the total  amount of  any costs  to                                                               
proposals  that  are  geared  to  help  Alaska  be  considered  a                                                               
business friendly state.                                                                                                        
                                                                                                                                
MS.  BALES  offered to  put  together  some information  for  the                                                               
committee, but  she did  not have  any figures  at this  time for                                                               
effects of proposed legislation.                                                                                                
                                                                                                                                
1:44:25 PM                                                                                                                    
                                                                                                                                
BOB  HAJDUKOVICH, Chief  Executive Officer  (CEO), ERA  Aviation,                                                               
explained  that  Era Aviation  represents  four  airlines in  the                                                               
state:   Era Aviation, Frontier Flying  Service, Hagland Aviation                                                               
Services,  and Arctic  Circle Air  Service.   These airlines  are                                                               
wholly owned  by Alaskan investors  and currently  transport over                                                               
60  percent of  rural  passengers, transport  55  percent of  the                                                               
bypass  mail  to rural  communities  in  Alaska and  consume  5.6                                                               
million  gallons of  jet  fuel and  500,000  gallons of  aviation                                                               
gasoline.    This  bill  would  have a  direct  impact  on  these                                                               
airlines of  over $200,000 per  year.   He said, "At  this point,                                                               
anything helps."   He  offered his belief  that the  direction is                                                               
right, that the governor hopes to  save money for Alaskans and is                                                               
less concerned about  the impact on Alaska's savings  fund at the                                                               
moment.   He  recalled earlier  comments on  proposed legislation                                                               
that would  affect new business in  Alaska.  He pointed  out that                                                               
his business  is a  foundational service that  is a  necessity in                                                               
Alaska,  in  particular in  rural  communities.   Currently,  the                                                               
price per barrel  is $.88 over last year,  which directly affects                                                               
the airlines profits  by $5 million based on  5.6 million gallons                                                               
of jet fuel.  He equated  this increase to translate to $8.21 per                                                               
passenger, per  leg, based on the  600,000 passengers transported                                                               
annually.                                                                                                                       
                                                                                                                                
1:47:11 PM                                                                                                                    
                                                                                                                                
MR. HAJDUKOVICH remarked  that the $202,000 seems like  a drop in                                                               
the  bucket  compared to  $5  million  expense increase  in  fuel                                                               
costs,  but it  is significant  since the  offset is  received in                                                               
higher oil  prices the  state receives.   The direct  benefit for                                                               
the proposed tax  decrease is that it  directly impacts Alaskans,                                                               
not to the state coffers, which is  critical.  He said he has not                                                               
seen oil  prices driven by  supply and  demand for well  over ten                                                               
years.   He said if the  industry was more elastic  the increased                                                               
costs  could  be  passed  through  to its  customers.    He  also                                                               
remarked  that the  airlines  would  see ebbs  and  flows in  oil                                                               
prices and prices  would be changed to reflect the  ebb and flow.                                                               
However, the  airlines have  seen a  progressive increase  and no                                                               
change  in the  supply or  demand,  or for  rural communities  to                                                               
adapt  to oil  prices.   He  recalled  a catastrophic  situation,                                                               
about a year  and a half ago, in which  oil prices peaked, noting                                                               
the villages are  still trying to recover.   He acknowledged that                                                               
the delegation wants the administration  to "ante up" but he said                                                               
it is the  consumer who bears the cost increases,  not the state.                                                               
His company represents the consumers, the  users of the fuel.  He                                                               
remarked that the governor is trying  to show that it is open for                                                               
business and  pushing back some  of the funding to  the consumers                                                               
is  critical,  he  stated.     He  predicted  that  the  national                                                               
political  scene is  not going  to change  appreciably, that  the                                                               
congressional delegation  will have uphill battle  trying to find                                                               
funding  for Alaska.   He  offered that  "we have  to look  after                                                               
ourselves to an extent..."                                                                                                      
                                                                                                                                
1:49:24 PM                                                                                                                    
                                                                                                                                
MR. HAJDUKOVICH  remarked that  he visited  Juneau last  week and                                                               
was  disturbed by  a comment  he  overheard, which  was that  the                                                               
state is  fortunate that while  production is down, the  price of                                                               
oil is  high, with little to  no recognition that as  an end user                                                               
that  the  industry has  a  "break  even"  point.   Further,  the                                                               
industry could tip over since it  is not possible to pass on $150                                                               
per barrel  oil prices  structure.  He  recalled oil  prices were                                                               
$39 ten years ago, that the  industry could handle $75 per barrel                                                               
prices.   He  reported a  disturbing  meeting he  held with  U.S.                                                               
Postal  Service  (USPS) earlier  today  over  the future  of  the                                                               
bypass mail  system.   He reported  that the  USPS is  losing $10                                                               
billion per year and spends $100  million in Alaska, and lose $70                                                               
million on that  investment in Alaska.  He  suggested that Alaska                                                               
would find continuing pressure at  the federal level to find ways                                                               
to  be aggressive  to  cut  funds considered  to  be earmarks  or                                                               
subsidies to Alaska.   He concluded that the state  needs to keep                                                               
its economy moving in the  right direction.  He said, "Businesses                                                               
that are current need to stay in  business so we can be there for                                                               
that uptick in  the trend, so that hopefully when  we're open for                                                               
business  for drilling  or resource  development, we'll  still be                                                               
here to take advantage of those opportunities."                                                                                 
                                                                                                                                
1:51:02 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON  recalled for the past four  years the delegation                                                               
members have reported that other  states perceive that Alaska has                                                               
not  paid  its fair  share  of  its  transportation funds.    The                                                               
delegation encouraged Alaska  to show it was "stepping  up to the                                                               
plate"  to provide  its share.   She  remarked that  other states                                                               
view the state's share of funds,  which are returned to the state                                                               
in  FHWA funding.   She  further  recalled that  Alaska has  been                                                               
receiving more per capita than any  other state.  Even though the                                                               
motor  fuel tax  has  no  correlation to  the  FHWA funds,  other                                                               
states do  not view  it that  way.   She anticipates  that Alaska                                                               
will be receiving less in federal funds than it has in the past.                                                                
                                                                                                                                
1:53:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE recalled  years  ago,  he traveled  through                                                               
West Virginia, and  it seemed every highway was  named the Robert                                                               
C. Byrd Memorial  Highway.  He remarked that many  of our federal                                                               
funds were  as a  result of  the late  U.S. Senator  Ted Stevens,                                                               
just  as the  West Virginia  highway was  named after  its senior                                                               
senator.  He stated that the  funding system has operated in this                                                               
way,  and some  states  receive a  disproportionate  amount.   He                                                               
agreed  with   the  previous   speaker,  Mr.   Hajdukovich,  that                                                               
suspending the  motor fuel  tax would have  a positive  impact on                                                               
Alaskans, and  while some income would  be lost on that  "side of                                                               
the pot" the state can recoup the revenues.                                                                                     
                                                                                                                                
1:55:10 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON, after first  determining no one else  wished to                                                               
testify, closed public testimony on HB 102.                                                                                     
[HB 102 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB 10 Sponsor Statement.doc HTRA 2/10/2011 1:00:00 PM
HB 10
HB 10 Support Information.doc HTRA 2/10/2011 1:00:00 PM
HB 10
HB 10 Support Other States.docx HTRA 2/10/2011 1:00:00 PM
HB 10
HB0010A.PDF HTRA 2/10/2011 1:00:00 PM
HB 10
HB 57 backup DOT.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB010-TRA-DOA-DMV-02-04-11.pdf HTRA 2/10/2011 1:00:00 PM
HB 10
HB 57 Burnett letter of support.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB 57 Kennedy Letter of support.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB 57 Sectional Analysis.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB 57 Bikes Program Description.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB057-DOT-AS-2-4-11.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
Anchorate Palmer Wasilla Plan.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB 57 Paperman support.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB 57 Lindholm support.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB57 Sponsor Statment.pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB57 text (2).pdf HTRA 2/10/2011 1:00:00 PM
HB 57
HB 102 fiscal Note DOA.pdf HTRA 2/10/2011 1:00:00 PM
HTRA 3/15/2012 1:00:00 PM
HTRA 3/22/2012 1:00:00 PM
HB 102
HB 102 fiscal Note DOR.pdf HTRA 2/10/2011 1:00:00 PM
HTRA 3/15/2012 1:00:00 PM
HTRA 3/22/2012 1:00:00 PM
HB 102
HB 102 Governors Sponsor.pdf HTRA 2/10/2011 1:00:00 PM
HTRA 3/22/2012 1:00:00 PM
HB 102
HB 102 Sectional.pdf HTRA 2/10/2011 1:00:00 PM
HTRA 3/15/2012 1:00:00 PM
HTRA 3/22/2012 1:00:00 PM
HB 102
HB 102 text.pdf HTRA 2/10/2011 1:00:00 PM
HTRA 3/22/2012 1:00:00 PM
HB 102