Legislature(2021 - 2022)BARNES 124

03/03/2022 01:00 PM House TRANSPORTATION

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01:06:52 PM Start
01:07:32 PM HB366
01:55:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HB 366 LEG. APPROVAL: AK RAILROAD REVENUE BONDS TELECONFERENCED
Heard & Held
**Streamed live on AKL.tv**
            LEG. APPROVAL: AK RAILROAD REVENUE BONDS                                                                        
                                                                                                                                
1:07:32 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS announced that the  only order of business would be                                                               
HOUSE  BILL NO.  366,  "An Act  authorizing  the Alaska  Railroad                                                               
Corporation to issue revenue bonds  to finance the replacement of                                                               
the  Alaska Railroad  Corporation's  passenger  dock and  related                                                               
terminal  facility  in  Seward,  Alaska;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
1:08:09 PM                                                                                                                    
                                                                                                                                
JOE  HARDENBROOK,  Staff,  Representative Grier  Hopkins,  Alaska                                                               
State  Legislature,  presented HB  366  on  behalf of  the  House                                                               
Transportation  Standing Committee,  sponsor by  request, chaired                                                               
by Representative Hopkins.  He  explained that HB 366 would allow                                                               
the  Alaska  Railroad  Corporation  (ARRC)  to  issue  bonds  for                                                               
replacement of  a well-used asset  nearing the end of  its useful                                                               
life.   Once completed,  this project  would provide  the funding                                                               
for repayment of the bonds as  well as continuing to underpin the                                                               
financial  success   and  stability  of  the   railroad  and  the                                                               
communities it serves.                                                                                                          
                                                                                                                                
MR. HARDENBROOK paraphrased from  the sponsor statement [included                                                               
in  the  committee  packet],  which  read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     The  Alaska  Railroad  Corporation  (ARRC)  is  seeking                                                                    
     authority from the Alaska State  Legislature, as per AS                                                                    
     42.40.285, to issue  bonds of no more  than $60 million                                                                    
     to fund  the construction of  a new passenger  dock and                                                                    
     terminal  passenger facility  in Seward,  Alaska. While                                                                    
     ARRC  must  seek  authority from  the  state  to  issue                                                                    
     bonds, under  AS 42.40.690 the  State of Alaska  is not                                                                    
     liable for the debts of ARRC.                                                                                              
                                                                                                                                
     The  Alaska  Railroad  has  maintained  facilities  for                                                                    
     passengers arriving  in and  departing from  Seward for                                                                    
     more than  100 years.  In 1966, the  existing passenger                                                                    
     dock  was  constructed  after the  destruction  of  the                                                                    
     dock, along  with most  of the City  of Seward,  in the                                                                    
     1964   Great  Alaska   Earthquake.   The  dock's   pile                                                                    
     foundation has  experienced significant  corrosion over                                                                    
     its  half-century  lifespan,  which limits  the  dock's                                                                    
     remaining  useful  life  and  has  resulted  in  weight                                                                    
     restrictions being implemented. While  safe to use, the                                                                    
     dock is clearly nearing the end of its useful life.                                                                        
                                                                                                                                
     Due  to  the  dock's  deteriorating  condition  and  to                                                                    
     accommodate  larger class  ships that  are expected  to                                                                    
     make the cross-gulf  trip to Seward, the  new dock must                                                                    
     be completed in  time for the 2024  cruise ship season.                                                                    
     As such,  the new  passenger dock  will be  designed to                                                                    
     accommodate  anticipated cruise  traffic  for the  next                                                                    
     fifty years,  be capable of simultaneously  mooring two                                                                    
     ships measuring up  to 1,080 feet long  and provide for                                                                    
     offseason mooring of freight vessels.                                                                                      
                                                                                                                                
     Critically  important  is  that all  construction  must                                                                    
     avoid interruption to cruise  or rail passenger service                                                                    
     between  May  and September  of  2022  and 2023.  Total                                                                    
     anticipated cost for construction  of the new passenger                                                                    
     dock  and  terminal,  as  well  as  demolition  of  the                                                                    
     existing  dock   and  terminal,  is  $79   million.  In                                                                    
     addition  to the  existing  $12  Seward dock  passenger                                                                    
     fee,  ARRC  has  implemented  a  $15  per  cruise  ship                                                                    
     passenger Dock  Improvement Fee starting in  2022. This                                                                    
     funding, along with other dock  revenues and $1 million                                                                    
     in  other  ARRC  funds,  will be  used  to  provide  an                                                                    
     estimated   $19   million   for   dock   and   terminal                                                                    
     construction. ARRC will seek  an additional $60 million                                                                    
     by issuing bonds  to fund the remainder of  the cost of                                                                    
     construction.  The debt  service  on  this $60  million                                                                    
     will be paid  entirely from dock revenues.  In order to                                                                    
     meet the 2024  need for the new dock,  it is imperative                                                                    
     that ARRC coordinate public debt funding by mid-2022.                                                                      
                                                                                                                                
MR. HARDENBROOK noted the invited testifiers available online.                                                                  
                                                                                                                                
1:11:37 PM                                                                                                                    
                                                                                                                                
CLARK   HOPP,   Chief   Operations   Officer,   Alaska   Railroad                                                               
Corporation, gave a PowerPoint  presentation, titled "AKRR Seward                                                               
Dock  Bonding  Presentation."    He began  on  slide  1,  "Seward                                                               
Passenger Dock,"  which pictures a freight  dock, passenger dock,                                                               
and coal  dock.  The passenger  dock was built in  1966, starting                                                               
out as a  freight dock.  He  noted there is a  26,000 square foot                                                               
terminal building for passenger processing.   The dock is nearing                                                               
the end  of its useful  life, he  remarked.  He  reminded members                                                               
that the dock  serves the railroad and  the Southcentral Interior                                                               
visitor  industry.   Nearly one-quarter  of a  million passengers                                                               
"came over  this dock in 2019."   Those passengers go  on to ride                                                               
the  train, rent  cars,  and visit  other parts  of  Alaska.   He                                                               
commented on the possibility for growth.                                                                                        
                                                                                                                                
1:15:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES asked  whether this was the  same dock that                                                               
was utilized  by the Alaska  Marine Highway System (AMHS)  when a                                                               
ferry was going into Seward.                                                                                                    
                                                                                                                                
MR. HOPP responded yes.                                                                                                         
                                                                                                                                
REPRESENTATIVE STUTES asked, if the  ferries go back into Seward,                                                               
whether they will have the ability to tie up to this dock.                                                                      
                                                                                                                                
MR. HOPP responded, if this were  the desire, there would have to                                                               
be some design considerations.                                                                                                  
                                                                                                                                
1:16:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE questioned  the  design consideration  and                                                               
its costs.   He asked whether  it would be better  [to design for                                                               
the ferries] on the frontend  of construction or wait until later                                                               
to have to modify [the dock].                                                                                                   
                                                                                                                                
MR. HOPP responded that the next  six months would be the time to                                                               
have this discussion.                                                                                                           
                                                                                                                                
1:17:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN asked  whether this new dock  would be able                                                               
to accommodate  only mega ships  or whether the dock  would still                                                               
have two  sides, one built  to accommodate smaller ships  if they                                                               
are not all Panamax vessels.                                                                                                    
                                                                                                                                
MR.  HOPP  responded   that  the  freight  dock   will  have  the                                                               
flexibility  to   accommodate  many  different  sizes   of  ships                                                               
including cruise ships and ferries.                                                                                             
                                                                                                                                
REPRESENTATIVE   HANNAN  asked   whether  ARRC   is  looking   at                                                               
modifications to the coal dock.                                                                                                 
                                                                                                                                
MR.  HOPP responded  that there  are  currently no  modifications                                                               
planned for the  coal dock.  He added that  the coal industry has                                                               
been stagnant  for several years.   The  design of the  coal dock                                                               
would take  a lot of  retro fitting  to handle cruise  ships, but                                                               
the freight dock can accommodate additional overflow.                                                                           
                                                                                                                                
1:20:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked about the  reverse.  He asked whether                                                               
the dock  would have the  ability to accommodate a  freighter for                                                               
anything other than  passenger services.  For  example, if Alaska                                                               
had an issue with food sustainability.                                                                                          
                                                                                                                                
MR. HOPP responded  that in Southeast Alaska,  there are floating                                                               
docks, which are  passenger oriented.  The current  plan would be                                                               
to accommodate a  robust winter season of freight  activity so it                                                               
would  have quite  a  bit  of flexibility.    The  answer to  the                                                               
question is yes.                                                                                                                
                                                                                                                                
1:21:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND asked  about  off-season  mooring.   She                                                               
asked for clarification  whether it would be  an operational dock                                                               
for loading and unloading freight.                                                                                              
                                                                                                                                
MR. HOPP  responded by  pointing out the  picture of  the primary                                                               
freight dock  on slide 1, stating  that it is available  for this                                                               
type of activity.                                                                                                               
                                                                                                                                
REPRESENTATIVE DRUMMOND  asked about the kind  of freighters that                                                               
come into the Port of Alaska  in anchorage, and whether these are                                                               
part of the plan, as they do not appear to be.                                                                                  
                                                                                                                                
MR. HOPP  confirmed that is  correct.  This passenger  dock would                                                               
not be  able to accommodate this  kind of activity.   In response                                                               
to a  follow-up question, he  stated that the freight  dock could                                                               
accommodate the  freighters which currently  dock at the  Port of                                                               
Alaska Anchorage.                                                                                                               
                                                                                                                                
1:24:06 PM                                                                                                                    
                                                                                                                                
MR.  HOPP proceeded  to slide  2, titled  "ARRC Seward  Passenger                                                               
Dock."   He  reiterated  that  because of  the  condition of  the                                                               
passenger dock, the  ARRC has embarked on the  project to rebuild                                                               
the pier  and terminal  building on  the dock  for modernization.                                                               
Project funding  details are  shown on the  slide, and  ARCC will                                                               
continue to look for options for grants and other financing.                                                                    
                                                                                                                                
1:25:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE pointed  out that ARRC has  $19 million and                                                               
asked  whether  the budget  was  sufficient  funds to  cover  the                                                               
project.    He  had  also  heard that  because  of  the  COVID-19                                                               
pandemic the railroad was struggling.                                                                                           
                                                                                                                                
MR. HOPP  responded yes,  ARRC can  afford the  $19 million.   He                                                               
acknowledged that  the COVID-19 Pandemic resulted  in a financial                                                               
struggle; however, there will be  more money left over after this                                                               
project. He deferred to the CFO of ARRC for further response.                                                                   
                                                                                                                                
1:26:49 PM                                                                                                                    
                                                                                                                                
BARBARA   AMY,   Chief   Financial   Officer,   Alaska   Railroad                                                               
Corporation, responded that the cash  flows from the dock and the                                                               
revenue  bonds  will be  sufficient  to  cover  the cost  of  the                                                               
project.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  MCCABE questioned  the  available federal  grants                                                               
for  large  construction  projects,  and  which  grants  ARRC  is                                                               
considering.                                                                                                                    
                                                                                                                                
1:27:48 PM                                                                                                                    
                                                                                                                                
MR. HOPP responded that most of  the grants which fall within the                                                               
range are typically grants related  to passenger movement through                                                               
the Federal Transit  Administration.  He stated  that grants have                                                               
also been  received through the Federal  Railroad Administration,                                                               
and  different  opportunities  are  still  being  explored.    He                                                               
expressed the opinion that the slow  motion of most grants is not                                                               
suited for pairing up with ARRC's aggressive construction.                                                                      
                                                                                                                                
REPRESENTATIVE MCCABE questioned ARRC's  level of confidence that                                                               
the  railroad could  be  finished with  the  money and  timeframe                                                               
available.                                                                                                                      
                                                                                                                                
MR. HOPP responded that ARRC has  been working on the project for                                                               
nearly three years and has  much experience in the project arena.                                                               
For  example,  the  corporation constructed  a  bridge  that  was                                                               
delivered on  time and  under budget.   He expressed  the opinion                                                               
that there is  quite a lot of  expertise, but ARRC is  not a dock                                                               
expert.   He  offered  that  there are  a  fair  number of  great                                                               
resources,  and   there  are  contractors  in   Alaska  who  have                                                               
experience with these types of projects.                                                                                        
                                                                                                                                
1:30:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND,  so  that passengers  disembarking  can                                                               
access various shore excursions,  inquired about the proximity of                                                               
the railroad to the dock.                                                                                                       
                                                                                                                                
MR. HOPP responded  that ARRC runs a charter  business called The                                                               
Alaska  Railroad   Cruise  Train   with  an   over  500-passenger                                                               
capacity.   The passengers  are moved by  all different  modes of                                                               
transportation.                                                                                                                 
                                                                                                                                
1:32:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK asked  about the source of  the $180 million                                                               
grant  to build  a bridge  near Salcha,  Alaska, and  whether the                                                               
project progressed, or was it a "bridge to nowhere."                                                                            
                                                                                                                                
MR. HOPP  responded that the  funding for this project  was close                                                               
to $110 billion  from the U.S. Department of  Defense monies, and                                                               
the remainder  was the state's monies.   He said that  the bridge                                                               
was the  first critical piece.   The reason the bridge  was built                                                               
first was  so Eielson  Air Force Base  and Fort  Wainwright could                                                               
access training.                                                                                                                
                                                                                                                                
1:34:49 PM                                                                                                                    
                                                                                                                                
MR.  HOPP  proceeded  on  slide  2.   He  stated  that  per  ARRC                                                               
statutes, issuance of public  bids requires legislative authority                                                               
in addition to its usual approval by the board of directors.                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  asked whether  the board of  directors has                                                               
approved this.                                                                                                                  
                                                                                                                                
MR. HOPP responded yes.                                                                                                         
                                                                                                                                
1:35:48 PM                                                                                                                    
                                                                                                                                
MR. HOPP, continuing  with slide 2, explained  the time sensitive                                                               
nature.  He stated  that ARRC needs to be in  the market no later                                                               
than the third quarter of this year to meet the project demands.                                                                
                                                                                                                                
REPRESENTATIVE STUTES asked when the board approved the project.                                                                
                                                                                                                                
MR. HOPP  responded that  the board approved  the project  at its                                                               
February 2022 meeting.                                                                                                          
                                                                                                                                
1:36:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  asked  why   the  project  had  not  been                                                               
requested for last year.                                                                                                        
                                                                                                                                
MR. HOPP  responded that ARRC  began to move the  project forward                                                               
nearly  24 months  ago.   He said  that the  first direction  the                                                               
corporation went  was a  public/private partnership;  however, in                                                               
late  2021 one  of  the  partners in  the  consortium decided  to                                                               
pursue other opportunities.                                                                                                     
                                                                                                                                
1:38:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked  about the 2022 report  to the state,                                                               
which is a  5-year capital plan published December 1,  2021.   He                                                               
said  that  he  doesn't  see   anything  about  the  Seward  dock                                                               
rehabilitation.                                                                                                                 
                                                                                                                                
MS. AMY responded  that the report to the state  came from ARRC's                                                               
5-year  plan.   The plan  goes through  the board  in the  budget                                                               
meeting in the middle of November.   At that time, ARRC was still                                                               
in a  public/private partnership.   It was  not until  later ARCC                                                               
started  running  the  project itself;  therefore,  the  document                                                               
would not reflect the project as ARRC's "capital project."                                                                      
                                                                                                                                
CHAIR HOPKINS questioned whether it  would still be in the 5-year                                                               
plan.                                                                                                                           
                                                                                                                                
MS.  AMY  responded  no,  because the  way  the  partnership  was                                                               
structured, it would not have required a capital outlay.                                                                        
                                                                                                                                
REPRESENTATIVE MCCABE commented that even  though it was a public                                                               
partnership, it would have been in the report somewhere.                                                                        
                                                                                                                                
MR. HOPP  responded that  the partnership  had been  an agreement                                                               
for  the private  group to  finance, construct,  and operate  the                                                               
dock facility while paying a concessionaire  fee to the ARRC.  He                                                               
explained  that  this is  why  it  is  not  seen in  the  capital                                                               
program.                                                                                                                        
                                                                                                                                
1:41:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  questioned whether ARRC is  in development                                                               
with  other capital  projects which  are not  part of  the state,                                                               
such as  hotels, or  extensions of rail  lines which  are private                                                               
partnerships.                                                                                                                   
                                                                                                                                
MR. HOPP responded that none come to mind.                                                                                      
                                                                                                                                
REPRESENTATIVE  HANNAN   commented  that,  from   a  legislator's                                                               
perspective, this  is not something  the legislature  would fund.                                                               
She said  there are  a variety  of projects  across the  state in                                                               
reference  to railroad  extensions, and  perhaps the  legislature                                                               
should   encourage  them   to   pursue   these  avenues   through                                                               
partnerships.                                                                                                                   
                                                                                                                                
MR. HOPP  responded that  he is  not aware of  any which  are not                                                               
part of the public record.                                                                                                      
                                                                                                                                
1:43:47 PM                                                                                                                    
                                                                                                                                
MR.  HOPP proceeded  to slide  3, titled  "ARRC Seward  Passenger                                                               
Dock."    He  focused  on   ARRC's  partnership  with  the  Royal                                                               
Caribbean Group.                                                                                                                
                                                                                                                                
REPRESENTATIVE  MCCABE expressed  the  knowledge  that ARRC  tows                                                               
passenger  coaches for  Princess Cruises  to Denali  from Seward.                                                               
He questioned whether this includes  the Royal Caribbean Group as                                                               
well.                                                                                                                           
                                                                                                                                
MR.  HOPP responded  no; Royal  Caribbean Group  doesn't own  any                                                               
passenger coaches.   He  stated that  ARRC moves  Royal Caribbean                                                               
Group passengers with its own set of rail cars.                                                                                 
                                                                                                                                
1:46:00 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS asked  whether he could provide  the committee with                                                               
other capital projects at a subsequent meeting.                                                                                 
                                                                                                                                
MR. HOPP responded  yes, as within the last 24  months there have                                                               
been public  efforts and requests  for proposals for  a passenger                                                               
dock in Seward.   He said that  he knew it had  been made public,                                                               
and there have been discussions.                                                                                                
                                                                                                                                
CHAIR HOPKINS  expressed appreciation  for further  discussion at                                                               
the next committee meeting.                                                                                                     
                                                                                                                                
MR. HOPP  expressed appreciation to  be able to speak  before the                                                               
committee.                                                                                                                      
                                                                                                                                
1:47:59 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS opened public testimony on HB 366.                                                                                
                                                                                                                                
1:48:25 PM                                                                                                                    
                                                                                                                                
JANETTE  BOWER,  City  Manager,  City  of  Seward,  testified  in                                                               
support of HB  366.  She said  that the project is  vital for the                                                               
city.   Closure  of  the dock  facility  would eliminate  tourism                                                               
dollars for  the city and  would also affect the  marine industry                                                               
in Seward.  In the off season,  when the ships are not docked for                                                               
the  cruise  industry,  the  docks are  used  for  other  events.                                                               
Events  are  held  within  the  terminal.    She  suggested  that                                                               
partnerships  with  ARRC  and  the  Royal  Caribbean  Group  will                                                               
benefit Seward and the state for many years to come.                                                                            
                                                                                                                                
1:50:03 PM                                                                                                                    
                                                                                                                                
PRESTON  CARNAHAN,  Director  of Destination  Development,  Royal                                                               
Caribbean Group,  testified in support of  HB 366.  He  said that                                                               
the company  has 60 ships  globally and carries around  7 million                                                               
guests.    In  2019, the company  had 6 ships  in Alaska,  and in                                                               
2022 it plans to  have 10.  The company has  been in Alaska since                                                               
1990 and has  been in Seward for over 20  years.  Recently, there                                                               
have  been  challenges during  the  pandemic.   Through  a  great                                                               
partnership  with ARRC,  the company  is committed  to supporting                                                               
the project, the community, and Seward.                                                                                         
                                                                                                                                
1:52:50 PM                                                                                                                    
                                                                                                                                
TOM TOUGAS,  representing self, testified  in support of  HB 366.                                                               
He said he had  lived in Seward for over 30 years.   He said that                                                               
this  dock is  used  on  a year-round  basis.    The vessels  are                                                               
brought back  to Seward in  the fall for  upkeep and repair.   He                                                               
expressed  the opinion  that the  dock is  important not  only to                                                               
Seward but to all of Alaska.                                                                                                    
                                                                                                                                
1:54:37 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS closed public testimony.   He announced that HB 366                                                               
was held over.                                                                                                                  

Document Name Date/Time Subjects
HB 366 - Letters of Support 2.28.2022.pdf HTRA 3/3/2022 1:00:00 PM
HB 366
HB 366 - AKRR Seward Dock Fact Sheet.pdf HTRA 3/3/2022 1:00:00 PM
HB 366
HB 366 - Alaska Railroad White Paper 2.28.2022.pdf HTRA 3/3/2022 1:00:00 PM
HB 366
HB 366 - AKRR Seward Dock Bonding Presentation.pdf HTRA 3/3/2022 1:00:00 PM
HB 366
HB 366 - Fiscal Note version A - 2.28.2022.pdf HTRA 3/3/2022 1:00:00 PM
HB 366
HB 366 - Seward C of C Support.pdf HTRA 3/3/2022 1:00:00 PM
HB 366
HB 366 - Seward City Council Resolution of Support.pdf HTRA 3/3/2022 1:00:00 PM
HB 366
HB 366 - Sponsor Statement - 2.28.2022.pdf HTRA 3/3/2022 1:00:00 PM
HB 366