Legislature(2021 - 2022)BARNES 124

03/15/2022 01:00 PM House TRANSPORTATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 366 LEG. APPROVAL: AK RAILROAD REVENUE BONDS TELECONFERENCED
Moved HB 366 Out of Committee
-- Public Testimony <Time Limit May Be Set> --
*+ HB 357 NAMING THE INSOOK BAIK BRIDGE TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        HB 366-LEG. APPROVAL: AK RAILROAD REVENUE BONDS                                                                     
                                                                                                                                
1:03:26 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS  announced that the  first 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."                                                                                                                
                                                                                                                                
1:04:08 PM                                                                                                                    
                                                                                                                                
BILL  O'LEARY, President  and  CEO,  Alaska Railroad  Corporation                                                               
(ARRC), expressed  the opinion  that the  project would  be great                                                               
for Alaska.                                                                                                                     
                                                                                                                                
1:05:27 PM                                                                                                                    
                                                                                                                                
MR.  O'LEARY,  in   response  to  a  series   of  questions  from                                                               
Representative McCabe, answered that the  current design is for a                                                               
fixed dock.  He responded  that the railroad would be responsible                                                               
for  the  maintenance, and  he  responded  that  as the  dock  is                                                               
currently  designed, it  would not  be suitable  for ferry  usage                                                               
without significant modifications.                                                                                              
                                                                                                                                
1:08:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND commented that the  ferry used to stop in                                                               
Seward, but a stop on the road system is not always necessary.                                                                  
                                                                                                                                
1:09:39 PM                                                                                                                    
                                                                                                                                
MR.  O'LEARY, in  response to  Chair Hopkins,  answered that  the                                                               
freight dock is  being rebuilt, but incentives are  not a current                                                               
part of the  plan.  In response to a  follow-up question, he said                                                               
that the dock would be rebuilt in 2023.                                                                                         
                                                                                                                                
1:10:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE questioned the  cruise ship dock versus the                                                               
freight dock at Lowell Point.                                                                                                   
                                                                                                                                
MR. O'LEARY  answered that he is  unsure about Lowell Point.   In                                                               
response  to a  follow-up question,  he  said that  he is  unsure                                                               
whether there would  be any delays.   Concerning the amortization                                                               
schedule, he answered  that there is a current  30-year model for                                                               
tax exempt  debt.  In response  to a follow-up question,  he said                                                               
Royal  Caribbean  Cruise  Line  would  be  using  the  dock,  and                                                               
possibly  the Norwegian  Cruise Line  is considering  moving into                                                               
Whittier.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  MCCABE  asked how  the  budget  would affect  the                                                               
Whittier lease.                                                                                                                 
                                                                                                                                
MR. O'LEARY answered that it  is still under consideration by the                                                               
railroad.                                                                                                                       
                                                                                                                                
1:14:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND commented that  the MV Tustumena serviced                                                               
Seward.                                                                                                                         
                                                                                                                                
1:15:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRONK commented  that people  who live  in Seward                                                               
are experiencing housing shortages.                                                                                             
                                                                                                                                
1:16:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  moved Amendment 1  to HB 366,  labeled 32-                                                               
LS1559\A.1, Marx, 3/4/22, which read as follows:                                                                                
                                                                                                                                
     Page 1, line 3, following "Alaska;";                                                                                       
          Insert    "authorizing    the   Alaska    Railroad                                                                    
     Corporation  to  issue  revenue bonds  to  finance  the                                                                    
     extension  of the  Port MacKenzie  Rail Spur  from Port                                                                    
     MacKenzie to Houston, Alaska;"                                                                                             
                                                                                                                                
     Page 1, line 7, following "APPROVAL"                                                                                       
          Insert ":PASSENGER DOCK AND RELATED TERMINAL                                                                          
          FACILITY"                                                                                                             
                                                                                                                                
     Page 2, line7:                                                                                                             
          Delete "Act" in both places                                                                                           
          Insert "section" in both places                                                                                       
                                                                                                                                
     Page 2, following line 15:                                                                                                 
          Insert a new bill section to read:                                                                                    
     ..."*Sec. 2. The uncodified law  of the State of Alaska                                                                  
     is amended by adding a new section to read:                                                                                
          LEGISLATIVE   AUTHORIZATION  AND   APPROVAL:  PORT                                                                    
     MACKENZIE   RAIL   SPUR.   (a)  The   Alaska   Railroad                                                                    
     Corporation is authorized to  issue revenue bonds under                                                                    
     AS  42.40.250  to finance  the  extension  of the  Port                                                                    
     MacKenzie  Rail Spur  from Port  MacKenzie to  Houston,                                                                    
     Alaska,  and   associated  costs,   including,  without                                                                    
     limitation, reserves  for debt service  and capitalized                                                                    
     interest,  if necessary  or appropriate,  and costs  of                                                                    
     issuance.   The maximum principal amount  of bonds that                                                                    
     the Alaska  Railroad Corporation  may issue  under this                                                                    
     section   is   $140,000,000.    The   Alaska   Railroad                                                                    
     Corporation may  issue the bonds  in a  single issuance                                                                    
     or in  several issuances, without limitation  as to the                                                                    
     number  of  issuances  or timing,  and  as  the  Alaska                                                                    
     Railroad  Corporation  determines   best  furthers  the                                                                    
     purpose  of   financing  the  extension  of   the  Port                                                                    
     MacKenzie  Rail Spur  from Port  MacKenzie to  Houston,                                                                    
     Alaska,  and  associated  costs.  The  bonds  shall  be                                                                    
     repaid  from resource  or economic  development revenue                                                                    
     or  other  funds  available   to  the  Alaska  Railroad                                                                    
     Corporation. The general credit  of the Alaska Railroad                                                                    
     Corporation  and  state  may  not be  pledged  for  the                                                                    
     repayment of the bonds.                                                                                                    
          (b)  the authorization  under (a)  of the  section                                                                    
     extends to bonds issued to  refund the bonds authorized                                                                    
     in  this section.  The principal  amount  of the  bonds                                                                    
     authorized  in  this section  may  be  increased in  an                                                                    
     issue  of refunding  bonds in  an amount  equal to  the                                                                    
     costs of refunding.                                                                                                        
          (c)   This   section  constitutes   the   approval                                                                    
     required by AS 42.40.285 for  the issuance of the bonds                                                                    
     described in this section.                                                                                                 
          (d) the  bonds authorized to be  issued under this                                                                    
     section  are  issued by  a  public  corporation and  an                                                                    
     instrumentality of  the state  for an  essential public                                                                    
     and governmental purpose.                                                                                                  
          (e)  In this  section, "bonds"  means bonds,  bond                                                                    
     anticipation  notes, notes,  refunding bonds,  or other                                                                    
     obligations."                                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
1:16:31 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS objected for the purpose of discussion.                                                                           
                                                                                                                                
1:16:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE explained Amendment 1  to HB 366.  He noted                                                               
the  revenue services  and the  aggregate rate  revenue from  the                                                               
railroad and  gave his opinion  that businesses would  not invest                                                               
in  the  area until  the  project  is  finished due  to  Alaska's                                                               
history  of  "not  finishing  projects."     He  said  that  with                                                               
investment, larger ships would be able to dock in Alaska.                                                                       
                                                                                                                                
1:20:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  questioned  the  amount  which  would  be                                                               
needed for the project bonds to reach $140 million.                                                                             
                                                                                                                                
REPRESENTATIVE MCCABE answered that he is unsure.                                                                               
                                                                                                                                
MR.  O'LEARY added  that he  is unsure  of a  way for  the Alaska                                                               
Railroad to issue enough bonds to reach $140 million.                                                                           
                                                                                                                                
REPRESENTATIVE HANNAN asked for an explanation of revenue bonds.                                                                
                                                                                                                                
MR. O'LEARY answered that a  revenue bond would involve a revenue                                                               
source related  to the  project to  permit them  to pay  back the                                                               
money plus a premium.                                                                                                           
                                                                                                                                
REPRESENTATIVE   HANNAN  shared   her   understanding  that   the                                                               
Matanuska-Susitna  Borough, rather  than the  railroad, put  $180                                                               
million into an extension.                                                                                                      
                                                                                                                                
REPRESENTATIVE  MCCABE  commented  that   the  borough  is  still                                                               
interested, but the money is not available.                                                                                     
                                                                                                                                
1:24:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  asked Mr.  O'Leary to describe  the leases                                                               
and arrangements of the cruise industry.                                                                                        
                                                                                                                                
MR.  O'LEARY  responded that  there  are  a number  of  different                                                               
brands and subsidiaries.   Royal Caribbean is  the largest tenant                                                               
in Seward, and more tenants would be needed long term.                                                                          
                                                                                                                                
1:25:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY  questioned how  much of Port  Mackenzie has                                                               
been built.                                                                                                                     
                                                                                                                                
MR. O'LEARY  answered that Port Mackenzie  is a Matanuska-Susitna                                                               
Borough  project  which  had  been  envisioned  in  the  previous                                                               
decade, and  a significant amount  of work has already  been done                                                               
from Houston,  Alaska to the  port.   He stated that  the missing                                                               
infrastructure  is  a  railroad  to  the port  and  the  work  to                                                               
increase  the port's  size.   He  said that  the latest  estimate                                                               
would  cost approximately  $325  million, which  is supported  by                                                               
ARRC.                                                                                                                           
                                                                                                                                
1:29:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  commented that  the railroad  is important                                                               
to  development  and food  security  in  Alaska,  and it  is  the                                                               
gateway to the  Arctic.  He questioned why the  railroad has been                                                               
unable to find an anchor tenant much like Seward has.                                                                           
                                                                                                                                
1:31:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES asked  why  the Matanuska-Susitna  Borough                                                               
cannot issue revenue bonds.                                                                                                     
                                                                                                                                
REPRESENTATIVE MCCABE answered that he  is unsure.  He added that                                                               
unless  the railroad  builds  rails  to the  port,  it cannot  be                                                               
expanded.                                                                                                                       
                                                                                                                                
1:32:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY  asked whether  the borough or  the railroad                                                               
could apply for a grant  through the [Infrastructure and jobs Act                                                               
(IIJA)].                                                                                                                        
                                                                                                                                
MR. O'LEARY answered that IIJA is  meant as grant funding and not                                                               
finance debt.  He added  that there are possible opportunities to                                                               
seek out.                                                                                                                       
                                                                                                                                
1:34:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN asked for the depth of Port Mackenzie.                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE answered  that it is 90 feet  at high tide,                                                               
and 30 feet under the keel of a Panamax vessel.                                                                                 
                                                                                                                                
REPRESENTATIVE  HANNAN  expressed  the  understanding  that  most                                                               
vessels are looking for substantially  deeper ports, and the port                                                               
in Anchorage is not deep enough for cruise ships.                                                                               
                                                                                                                                
REPRESENTATIVE MCCABE responded that he  has spoken to pilots who                                                               
consider Port Mackenzie  to be a deep-water port.   He added that                                                               
the Port  of Alaska in  Anchorage requires dredging, and  this is                                                               
not necessary at Port Mackenzie.                                                                                                
                                                                                                                                
1:36:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  commented that  creating a  rail project                                                               
would benefit from the  cooperation between the Matanuska-Susitna                                                               
Borough  and  the  Municipality  of  Anchorage,  and  this  could                                                               
possibly include a joint port authority.                                                                                        
                                                                                                                                
1:38:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  commented that 50  feet is required  for a                                                               
large container ship.                                                                                                           
                                                                                                                                
1:39:02 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS asked  whether the railroad has a  position on this                                                               
amendment.                                                                                                                      
                                                                                                                                
MR. O'LEARY  answered that the  railroad would not  be supportive                                                               
of the amendment as drafted because of authorization issues.                                                                    
                                                                                                                                
1:39:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCABE  questioned   whether,  with   given  the                                                               
authority, would the railroad only use it if necessary.                                                                         
                                                                                                                                
MR. O'LEARY responded that as  drafted, the amendment refers to a                                                               
greater cost than the benefit ARRC would receive.                                                                               
                                                                                                                                
1:41:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  commented that as a  second-class borough,                                                               
the Matanuska-Susitna  Borough has  limited authority.   He added                                                               
that the strength of a port is the revenue it can generate.                                                                     
                                                                                                                                
1:43:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  expressed support for the  idea, but added                                                               
she does  not believe the  amendment is the  best way to  move it                                                               
forward.                                                                                                                        
                                                                                                                                
1:44:18 PM                                                                                                                    
                                                                                                                                
CHAIR HOPKINS  expressed the opinion  that having  multiple ports                                                               
in  Alaska would  be  a great  investment for  the  state, but  a                                                               
better plan needs to be developed.                                                                                              
                                                                                                                                
1:45:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND read  a  statement  from the  Matanuska-                                                               
Susitna Borough  website expressing  support for  connecting Port                                                               
Mackenzie to the Railbelt.                                                                                                      
                                                                                                                                
1:47:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN commented that  she supports the concept of                                                               
adding more ports  but does not support the amendment.   She said                                                               
that  she represents  two communities  who have  chosen to  build                                                               
their own  docks with  plans which  have not  fully materialized.                                                               
When the cruise ship corporations  build new docks in other parts                                                               
of the state, they bring all their subsidiaries with them.                                                                      
                                                                                                                                
1:50:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE withdrew Amendment 1 to HB 366.                                                                           
                                                                                                                                
1:51:42 PM                                                                                                                    
                                                                                                                                
CHAIR  HOPKINS  opened  public  testimony   on  HB  366.    After                                                               
ascertaining there  was nobody who  wished to testify,  he closed                                                               
public testimony.                                                                                                               
                                                                                                                                
1:52:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  moved to  report HB  366 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   Without  objection,  HB  366 was  moved  from the  House                                                               
Transportation Standing Committee.                                                                                              
                                                                                                                                
1:53:02 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:53 p.m. to 1:56 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB 357 Sectional Analysis version A 3.14.2022.pdf HTRA 3/15/2022 1:00:00 PM
HB 357
HB 357 Sponsor Statement 3.14.2022.pdf HTRA 3/15/2022 1:00:00 PM
HB 357
HB0357A.PDF HTRA 3/15/2022 1:00:00 PM
HB 357
HB 357 Supporting Documents 3.14.2022.pdf HTRA 3/15/2022 1:00:00 PM
HB 357
HB 357 Presentation 3.14.2022.pdf HTRA 3/15/2022 1:00:00 PM
HB 357
HB 366 - Amendment 1 3.14.2022.pdf HTRA 3/15/2022 1:00:00 PM
HB 366