Legislature(1997 - 1998)

02/27/1997 10:05 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE BILL NO. 83                                                           
                                                                               
     "An Act  making an appropriation  for management fees  for the            
     constitutional   budget  reserve  fund  (art.   IX,  sec.  17,            
     Constitution  of the State  of Alaska);  and providing  for an            
     effective date."                                                          
                                                                               
Co-chair  Pearce  explained  that   the  initial  overview  of  the            
supplemental requests  would continue.  She informed  the committee            
of five new supplemental requests  that had come in and that backup            
would be available. Three of the  requests were from the Department            
of Law, which planned  to combine two of them. One  of the requests            
was  from the  Department  of Community  and  Regional Affairs  for            
Power Cost Equalization (PCE). One  request was from the Department            
of Fish and Game.  She added that the new supplemental  items would            
be  addressed the  following week.  She  expected to  see more  new            
requests.                                                                      
                                                                               
Senator Adams  asked whether the  PCE item amounted  to $1,750,000.            
Co-chair Pearce replied that the number was $1.5 million.                      
                                                                               
DEPARTMENT OF ADMINISTRATION                                                 
                                                                               
DAN  SPENCER,  BUDGET  ANALYST, OFFICE  OF  MANAGEMENT  AND  BUDGET            
(OMB), provided  a general  overview for Section  8. He  noted that            
each year OMB had two types of items:                                          
                                                                               
     Warrants included in the  Department of Administration request            
   ·                                                                           
     that  were older than  two years,  including checks  that were            
     not cashed.                                                               
     Miscellaneous claims, consisting  of old bills the departments            
   ·                                                                           
     had  received. By  statute, if  a department  received a  bill            
     within two  years of the time  the cost was incurred,  and any            
     money was  lapsed in either  of the years, the  department had            
     to  pay  out of  the  current year's  appropriation.  Anything            
     beyond  two  years  had  to  go  to  the  legislature  for  an            
     appropriation.                                                            
                                                                               
Mr. Spencer  explained that there  were around 250 pages  of backup            
available, including photocopies of all the bills.                             
                                                                               
DEPARTMENT OF NATURAL RESOURCES                                              
                                                                               
NICO  BUS, CHIEF  OF FINANCIAL  OPERATIONS,  DEPARTMENT OF  NATURAL            
RESOURCES,  testified regarding  Section  9. He  detailed that  the            
request for $3.7  million was for fire suppression  activities that            
would get DNR through  June 30. He reported that  some of the money            
appropriated the  year before  for a fire  had carried into  FY 97.            
The appropriation was for $10 million;  $7.8 million was used in FY            
96 and $2.1  million was carried  into FY 97. The fires  were still            
burning in  July and  August so  the carryover  was used.  The $3.7            
million request  would pay the  balance of fixed costs  for January            
through June, plus a one-project  fire (historically experienced in            
May and June).                                                                 
                                                                               
Senator  Adams asked  whether there  were  other outstanding  bills            
that could be expected in a second  or third supplemental bill. Mr.            
Bus answered that DNR had accounted  for all of the previous year's            
activity.  He  noted  that  fires generally  ended  in  August  and            
September,  leaving  October  through  December  to  do  accounting            
clean-up. He stated that the supplemental  being discussed was what            
the department anticipated needing for January through June.                   
                                                                               
Co-chair  Pearce  asked  how the  fixed-cost  requirement  totaling            
$4.68 million compared  to the previous year. Mr.  Bus replied that            
the amounts  stayed fairly  stable. The  department did  not always            
know whether  the fires  would be federal  fires, which  would mean            
additional federal money  and a reduction of state  costs. The $4.6            
million was the estimate based on experience of actual costs.                  
                                                                               
Co-chair  Pearce  referred  to   a  contract  with  Larry's  Flying            
Service, Inc.  with different planes  used in different  years. She            
questioned why the  current year's aircraft cost  $200,000 when the            
prior  year's aircraft  cost $100,000.  Mr. Bus  answered that  all            
aviation contracts  were going out  to bid; the numbers  were based            
on the  market price. He referred  to the example  of significantly            
higher fixed  costs for  the Exxon Valdez  oil spill  because there            
were  very few  helicopters and  aviation  equipment available.  He            
noted  that sometimes  prices went  down.  He offered  to get  more            
information on why the cost had gone up.                                       
                                                                               
Co-chair Pearce thought  the price went up because of  the use of a            
different  aircraft,  and  wanted  to know  why  the  aircraft  was            
considerably upgraded. Mr. Bus offered to get more information.                
                                                                               
Co-chair  Pearce  referred  to  Bureau  of  Land  Management  (BLM)            
contract  services and  queried  OV10 aircraft  support for  $59.9,            
which  was a  new component.  Mr.  Bus was  not  familiar with  the            
detail and offered to get more information.                                    
                                                                               
Co-chair  Pearce queried  another new  BLM item,  TTY support.  She            
also wanted to  know what DNR support services  were (at $300,000).            
Mr. Bus answered that DNR support  services related to charging the            
federal  government  for  indirect costs  when  any  administrative            
charges  were  charged  back  to  specifically  non-general  funded            
entities. He  referred to  a mutual  agreement between  the federal            
government and the  state of Alaska. Rather than  exchange bills on            
indirect  costs,  the  state  would  pay  its  estimated  share  of            
$300,000  out  of  the  fire suppression  and  BLM  would  pay  its            
indirect costs out of its core  services. The $300,000 would be the            
equivalent of indirect for the federal suppression program.                    
                                                                               
Co-chair Pearce  asked who received  the indirect payment.  Mr. Bus            
replied DNR support services. He  explained that the payment was in            
lieu  of the  indirect  cost rate  between  the  state and  federal            
agencies.                                                                      
                                                                               
Co-chair Pearce asked  who the federal indirect money  went to. Mr.            
Bus  replied  that the  indirect  cost  rate  was 15  percent,  for            
example. When there  were fires, the state preferred  to charge the            
federal government  the 15 percent. The federal  government did not            
have a negotiated  rate, and could set the rate  at whatever level.            
The federal government  said it may charge 30 percent  if the state            
charged  it  15  percent.  Rather  than  exchanging  indirect  cost            
billings, the  proposal was that  the state pay  for administrative            
services out of  the state fire-suppression budget  and the federal            
government  pay   indirect  cost  out  of  its   budget.  The  fire            
suppression budget then pays the  administrative services group for            
the support  of the  fire activity for  the federal  government. He            
stressed that the Legislative Budget  and Audit Committee (BUD) had            
looked  at  the process.  Initially  BUD  had determined  that  DNR            
should not do it, but should do  billing exchanges. Some years, the            
state would  make a bit  of a profit;  other years the  state would            
save significantly  more. The  conclusion was  that the  method was            
good.                                                                          
                                                                               
Co-chair Pearce  queried the balance in the  state fire-suppression            
account  on February  1.  Mr. Bus  responded  that  the balance  on            
December  31  was  $1.5  million. Against  that  there  were  fixed            
obligations  of $2.3  million. Fire  expense  activity for  initial            
attack was about  $3 million. The total estimated  expenditures for            
January through July  were $5.3 million. The supplemental  was $3.8            
million.                                                                       
                                                                               
Mr. Bus moved on to the veterans'  discount program. He referred to            
an  eligible veteran  who  had died  (Mr.  Sisson?);  his loan  was            
recalculated. In  1991 legislation was passed that  gave veterans a            
land discount. The land discount  was discontinued, and legislation            
was  passed to  give the  veterans a  land discount.  There was  an            
investigation  by the  ombudsman, who  agreed with  Mr. Sisson  and            
said that  DNR should  go back and  recalculate all  the discounts.            
About 36  veterans qualified  for the discount,  so DNR  was asking            
the legislature in the supplemental  to refund the veterans for the            
application of the discount program.                                           
                                                                               
Senator Phillips  queried the  total if  there was a  recalculation            
back  to the  beginning. Mr.  Bus  replied that  DNR estimated  the            
recalculation  would  amount to  about  $270,000  in payments;  the            
total including interest would be between $400,000 and $450,000.               
                                                                               
Senator Phillips estimated  the total would be as  much as $720,000            
if  the request  (principal  plus interest)  was  honored. Mr.  Bus            
thought the total  would be $450,000 total. There  was a discussion            
about the math.                                                                
                                                                               
Co-chair Pearce  queried the department's position  on the interest            
on  the  overpayments.  Mr.  Bus   answered  that  the  legislation            
specifically stipulated  that "the department shall  credit without            
interest  to the account  of a  person who  qualifies for  the land            
discount" under  Section 2 of the  act. He stated that  DNR had not            
included   the  interest   on  the   overpayments   based  on   its            
interpretation of the intent of  the legislation. He noted that the            
ombudsman  agreed.  The  supplemental  request  was  a  request  to            
recalculate  the amortized  loans without  the amount for  interest            
included.                                                                      
                                                                               
Co-chair Pearce asked  whether DNR had gotten a  legal opinion from            
the Department  of Law (DOL). She  was concerned that if  the state            
chose  to pay  a certain  amount, but  did not  have a  contractual            
agreement, the  person could  sue for the  interest, and  the state            
could spend  more money on the  lawsuit than it would cost  to just            
pay the interest. On the other  hand, she thought a decision should            
be made based on the law (if such  a law existed). She had read the            
report by  the ombudsman,  but wondered whether  there had  been an            
attempt to negotiate an agreement  with the people in question. Mr.            
Bus responded  that there had not;  DNR had tried to  interpret the            
law. The  department  was aware  of the interest  issue. He  stated            
that DNR would  be happy to contact DOL and  calculate the amounts.            
He added that there could be other  programs; other people could do            
the same evaluation.                                                           
                                                                               
Co-chair Pearce  thought that the  department should work  with DOL            
to figure out how to keep from  ending up in court with the present            
litigants or other  groups. She requested DNR to work  with DOL and            
to inform the legislature of other cases with overpayments.                    
                                                                               
Senator   Parnell   was   concerned  about   the   claims   growing            
increasingly  larger.  He  asked  for more  information  about  the            
requested payment. Mr. Bus answered  that the ombudsman agreed that            
the state should not pay the interest.  He added that initially the            
situation  had  seemed  straightforward; 35  people  requested  and            
received   their   discount   because   the   intent   was   clear.            
Recalculating the loans would mean annual actions.                             
                                                                               
Mr. Bus turned  to a $100,000 request that would  be used to remove            
remaining  contaminated  buildings in  Eagle  (from  the Old  Eagle            
school site).  A settlement  required that the  money be  asked for            
before  June   30  to  allow  the   site  to  be  cleaned   of  oil            
contaminants. He  noted that  part of the  request would be  in the            
capital budget, and that the supplemental  portion was for removing            
the  structures on  the site  to make  the site  available for  the            
necessary work.                                                                
                                                                               
Co-chair Pearce  reminded the committee that the  DNR ratifications            
had already been reviewed.                                                     
                                                                               
Co-chair  Pearce returned  to the  request  for Perseverance  Trail            
repair. She recalled  a question she had had in  an earlier hearing            
about permitting; someone  had claimed that the creek  did not have            
fish.  She had  thought that  there had  been a  problem with  fish            
dying in the same creek at an earlier date.                                    
                                                                               
Mr.  Bus  referred  to  research  he  had  done  on  the  question,            
including speaking  to Department  of Fish  and Game personnel  and            
the  Division  of  Parks,  which  had  done  similar  projects.  He            
reported that  salmon did  not come up  the stream,  although there            
might be trout higher up. He stressed  that no sediment would enter            
the creek  from the blasting, which  would happen above  the trail.            
He  had been  assured that  no permits  would be  required for  the            
project and  that the  project could  be completed  in 30  days. He            
referred to a handout with a map detailing the project.                        
                                                                               
DEPARTMENT OF PUBLIC SAFETY                                                  
                                                                               
Mr. Spencer  addressed Section  10, Village  Public Safety  Officer            
(VPSO)  contracts.  He explained  that  the  item would  allow  the            
Department  of Public  Safety (DPS)  to take any  money that  might            
lapse from  the VPSO contracts  and use  it in the  following year.            
The department did not know exactly  how much money would lapse. He            
noted that  a lot  of the money  was not under  DPS control;  a lot            
depended  on whether  a vacancy  occurred in a  VPSO position,  the            
ability of  the local  non-profit to fill  the position,  and other            
factors. The request was an attempt to get more positions filled.              
                                                                               
Senator  Parnell  verified  that  the  reason  for  the  lapse  was            
unfilled positions  and that  the governor  had submitted  a budget            
with an appropriation  to increase VPSOs by $300,000.  He asked why            
there was  a need for  lapsed money.  Mr. Spencer replied  that the            
lapse would  occur because  of unanticipated  vacancies that  could            
not  be  filled.   He  stressed  the  difficulty   of  filling  the            
positions.  He described the  intent to  take advantage  of funding            
when a position was not filled  in order to fill them to the extent            
possible.                                                                      
                                                                               
Senator Parnell  summarized that  15 positions would  be authorized            
instead  of  10.  He asked  why  the  budget  did  not ask  for  15            
positions  instead of  authorizing  the use  of  lapsed funds.  Mr.            
Spencer replied that  the intent was not to add  new positions, but            
to use  leftover money to fill  positions. He added that  there was            
no good  estimate of the anticipated  amount of the lapse,  but the            
department  has  estimated between  $45,000  and  $70,000 based  on            
historic  trends.  He  thought  the  amount  would  be  well  under            
$100,000.                                                                      
                                                                               
DEPARTMENT OF REVENUE                                                        
                                                                               
LAURIE  PERKINS,  DIRECTOR, DIVISION  OF  ADMINISTRATIVE  SERVICES,            
DEPARTMENT  OF REVENUE,  addressed  Section  12 related  to  equity            
management   fees  for   a  supplemental   appropriation  for   the            
Constitutional Budget Reserve (CBR) fund.                                      
                                                                               
Co-chair Pearce  referred to an  earlier discussion related  to the            
issue during the CBR overview.  She reminded the committee that the            
section would  require a  three-quarter vote as  it was  related to            
the CBR.                                                                       
                                                                               
A member  queried the CBR vote  and an oil and gas  litigation item            
for $900,413  in FY  96 CBR funds.  Co-chair Pearce  reported legal            
advice from  Tam Cook regarding  the need for a  three-quarter vote            
on the floor. She thought the  other item was more straightforward.            
She noted  that verbally the answer  to the section was  "yes." She            
reminded  the committee  that during  discussion of  the item,  Mr.            
Baldwin had been asked for an opinion.                                         
                                                                               
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES                           
                                                                               
NANCY  SLAGLE,  DIRECTOR,  DIVISION   OF  ADMINISTRATIVE  SERVICES,            
DEPARTMENT  OF  TRANSPORTATION  AND   PUBLIC  FACILITIES  (DOT/PF),            
addressed Section 13, a request  for $391,400 to meet the increased            
cost  of  fuel for  the  marine  highway  vessels  for FY  97.  She            
explained that the majority of  the estimated need was in Southeast            
Alaska, for  7,126,000 gallons of  fuel. The budget had  been based            
on a projected fuel cost of $0.74  per gallon; the current cost was            
ranging  between  $0.83  and  $0.85. The  need  for  Southeast  was            
anticipated to  be $352,400. The  estimated need for  the Southwest            
region was 1,022,000  gallons budgeted at $0.80  per gallon; actual            
cost was between $0.83 and $0.86.  She emphasized that the cost had            
been increasing  on a weekly basis.  She offered a  minor technical            
change  to  the language  in  the  section. The  appropriation  was            
stated as  from the general fund  to DOT/PF, Alaska  Marine Highway            
System.  She  wanted  the  word  "fund"  after  "System"  to  avoid            
accounting problems.                                                           
                                                                               
Co-chair Pearce expressed  surprise at the prices.  She queried the            
kinds of fuel contracts used by the ferry system.                              
                                                                               
BRENDA  MARKEY, SUPPORT  SERVICES MANAGER,  MARINE HIGHWAY  SYSTEM,            
DEPARTMENT OF  TRANSPORTATION AND  PUBLIC FACILITIES,  replied that            
general services negotiated the  contracts. She added that new fuel            
contracts  had  been  negotiated   in  September  for  the  various            
locations.  The contract  locked  a price  in for  seven days;  the            
price was based  on a (CPC?) system like the  Oil Price Information            
Service  (OPIS). In  previous years,  when  expenditures were  much            
higher, the system had some locations  based on a 7-day lock-in and            
other locations  based on  a 30-day lock-in.  At that  time, markup            
was  considerably  more  than present  contracts.  The  base  price            
applied  everywhere, and  then  each location  (Ketchikan,  Juneau,            
Skagway,  and Bellingham)  had a  markup; the  markups ranged  from            
$0.06 over  the base price in Bellingham  to as much as  $0.30 over            
the  base price  in  some locations.  The  difference  in cost  was            
related to delivery systems.                                                   
                                                                               
Senator Phillips asked where the  ferry system bought its fuel. Ms.            
Markey replied that  the fuel was purchased in  different locations            
in  Alaska, including  Skagway (the  next  cheapest location).  She            
noted that the ferry  system tried to fuel or top  off tanks at the            
cheaper locations.  She noted that the  ferry system had not  had a            
fuel contract with  Prince Rupert [British Columbia,  Canada] since            
1991 because  of a tax.  She detailed  that prices could  be higher            
for vessels that could not stop at Skagway.                                    
                                                                               
Senator  Adams noted  that the  same argument  about higher  prices            
would be  used in the argument  around Power Cost  Equalization. He            
noted  that Alaska  received approximately  $400  million more.  He            
thought  all the  systems  with increased  fuel  systems should  be            
looked at.                                                                     
                                                                               
Co-chair Pearce  discussed backup  materials for various  items and            
the upcoming schedule for the committee.                                       
                                                                               

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